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Judgment
This original application is registered on the basis of the news item titled “Sewage stench drives students of government school out of classroom in Karnataka’s Hallur” appearing in The New Indian Express dated 21.12.2023.
The News item reveals that there is a plot behind government higher primary school at Hallur near Mundgod wherein the sanitary and other waste from the house of the owner of the plot is being discharged and the plot is blocked from all sides. Hence, the stench emanating from the plot has forced the students of the school to attend classes in the open for last three years. The report also reveals that on account of such stench from the plot the number of students in the school has gone down from 200 to 120.
The news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Considering the nature of grievance which has been reflected in the news item, we are of the view that the issue first needs to be considered by the Member Secretary, Karnataka State Pollution Control Board (KSPCB). Hence, we dispose of the matter with the direction to the Member Secretary, KSPCB to get the spot inspection done, ascertain the correct position on the spot and take appropriate remedial measures and also submit action taken report before the Registrar of the Southern Zone Bench of the Tribunal, who if found necessary will list the matter for consideration before the bench.
Since the matter relates to Southern Zonal Bench, therefore, office is directed to transfer the original record of the OA to Southern Zonal Bench for appropriate further action.
A Copy of this order, along with a copy of the petition, be forwarded to the Member Secretary, KSPCB by e-mail for compliance.