Ravi V vs State of Karnataka & Ors

Mr. Ravi V has sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 779/2023.

The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

X X X X

Further, it has been clarified / explained by the undersigned to the AEO- KSPCB are as under for your evaluation and action.

In the BBMP approved development plan of Phase-1 KHARAB LAND has been marked along South Side and East Side.

There is a Storm Water Drain (Secondary SWD / Nala) exists in West side of the Phase-1 project completed 31-Mar-2019 as per RERA details RERA Registration No. PRM/KA/RERA/1251/309/PR/170917/000316. However, it has been observed that, there is no Buffer zone norms followed as per NGT-National Green Tribunal order neither on ground nor on BBMP approved plan. And it has been unnoticed by the KSPCB or may or may not be brought to the notice of KSPCB by any party. The developer used KSPCB notification No. PEE 22 EPC 2009(P-I) dated 4-Aug-2010 as NOC and submitted to RERA Authority on 26-Aug-2017 as per record (Refer to ANNEXURE-4). No evidence of KSPCB approval with regards to SWD and its applicable buffer zone for the Phase-1 project (CORP Mahalakshmi Apartment) and it's in 100% violation of NGT order with respect to buffer zone in all respect.

BBMP till date not constructed the Secondary Storm Water Drain / Nala in the South and East side as per Land survey record, and today it has been encroached by the property owner of survey no. 46/2 / 46/3(P). KSPCB to direct as appropriate to construct the Storm water drain and its buffer zone requirements in line with NGT order and no construction activities can happen within SWD and its buffer zone.

I hereby request KSPCB to carry out detailed inspection of completed Project in Survey No. 46/3 and ongoing works in 46/2 & 46/3(p), Kothihosahally, Ward no. 8, Kodigehalli, Bengaluru 560 092 in-line with Land record showing secondary SWD/Nala and issue notice to the property owner for violation to clear and stop the ongoing construction activities within the area of Storm water drain / Nala area in South and West side of the land and in a B-Kharab land area, which is belong to State government of Karnataka.

X X X X”

Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

In view of the averments in the application, we consider it appropriate to have response of (1) State of Karnataka through Chief Secretary, Government of Karnataka, (2) Karnataka State Pollution Control Board, through its Member Secretary (3) Bruhat Bengaluru Mahanagara Palike through its Chief Commissioner and (4) Collector, Bangalore, Karnataka through its Commissioner who stand impleaded as respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 4 requiring them to file their reply/response within two months.

In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Karnataka State Pollution Control Board, Bruhat Bengaluru Mahanagara Palike and the Collector, Bangalore and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law. The Karnataka State Pollution Control Board will be the nodal agency for coordination and compliance.

Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Southern Zone Bench of this Tribunal at Chennai, we are of the considered view that it will be appropriate if the case is further heard by the Southern Zone Bench of this Tribunal at Chennai.

Accordingly, the Registry is directed to list the matter before the Southern Zone Bench of this Tribunal at Chennai on 23.04.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

Factual and Action taken Report by the Joint Committee and reply/response by the respondents be filed before the Southern Zone Bench of this Tribunal at Chennai by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

A copy of this order be sent to the Member Secretary, Karnataka State Pollution Control Board, the Commissioner, Chief Commissioner, Bruhat Bengaluru Mahanagara Palike and Collector, Bangalore, Karnataka by email for requisite compliance.