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Judgment
. The application was originally filed before the High Court of Karnataka at Bangalore as Writ Petition No. 14000 of 2008. While the Writ Petition was pending, by order dated 30.07.2014 the Division Bench of the Hon'ble High court of Karnataka transferred the case to the Tribunal following the directions of the Hon'ble Supreme Court in BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN & others, vs. UNION OF INDIA & others reported in (2012) 8 SCC page 326. The National Green Tribunal received the application and registered it as Application No.251 of 2014.
The order of transfer dated 30.07.2014, passed by the Hon'ble High Court of Karnataka shows that the learned counsel appearing for the writ petitioners submitted before the High Court that "the Prayer Nos. 1, 2, 3, 4, 5 and 8 do not survive for consideration as all these prayers have been complied with." It is recorded by the Hon'ble High Court that now their grievance is only regarding prayer Nos. 6 and 7.
Prayer No. 6 is "to grant a Writ of Mandamus directing respondents to maintain Belade Island as a natural Island". Prayer No. 7 is to grant a "writ of memorandums directing the respondents 15 to 27 to pay compensation to the surrounding residents on the principle of "polluter pays." "
After the Writ Petition was transferred to the Tribunal, neither the applicants nor their learned counsel were appearing. When the matter was being called in the Court of Registrar, it is seen that on 28.08.2015, the learned counsel Mr. Devaraj Ashok appearing for the State, represented that the applicants are not appearing and the matter has already become infructuous. As the applicants were not represented, the Registrar directed service of notice on the applicants counsel as well as the Amicus Curiae. Though a counsel on behalf of the applicants appeared on 30.09.2015, on receipt of the notice, submitted that the matter has not become infructuous and he is prepared to argue, thereafter, on the seven consecutive posting dates before the Registrar, learned counsel appearing for the applicants remained absent. Thereafter, when the matter was posted before the Tribunal also, there was no representation whatsoever by the applicants. The surviving reliefs prayed for, which have not become infructuous, as recorded in the order of transfer, cannot be decided on merits in the absence of the applicants. Therefore, we are constrained to dismiss the application for default.
At the same time, it has already been brought to the notice of the Tribunal that large quantity of iron ore heaps are stacked at Karwar and Belekeri Port area with torn tarpaulin sheets causing pollution. By order dated 26.08.2016, the following direction was issued, in view of the pollution being caused by the stacked iron ore.
" The memo dated 18.06.2016 filed by the Karnataka State Pollution Control Board (Board) though mentions that heaps are existing at the site it does not give particulars such as the area occupied ad dimensions and quantity of each heap. It appears that the heaps are lying at the site for about 8 - 10 years and it is known what action is required to deal with the heaps to prevent any pollution. The Board shall file a detailed report duly suggesting whether the heaps have to be removed by the concerned respondents and if so, where the ore to be shifted or there is any alternative method such as capping the heaps etc., so as to pass appropriate orders by this Tribunal on the next date of hearing".
Pursuant to the direction, the Karnataka State Pollution Control Board (Board) submitted a scheme for the protection of the iron ore during monsoon period stating that keeping the iron ore heaps for longer period will definitely result in loss of cargo, degradation of cargo and would lead to Air and Water Pollution. It was therefore suggested that action should be taken to dispose the cargo by auction. The Board has also suggested that the following conditions to be imposed at the time of auction.
"(a) Restriction may be imposed on transportation vehicles. Maximum vehicle movement may be restricted to around 50 per day from Belekeri Port and around 25 from Karwar Port.
(b) Movement of transportation vehicles may be restricted during school hours ie., 8.00 AM to 10 AM and 5.00 PM to 7 PM.
(c) Transportation vehicles shall be covered with tarpaulin and the unloaded Lorries / tippers shall be cleaned thoroughly which is causing lot of spillage of iron ore.
(d) Continuous water sprinkling arrangement shall be made at the point source of stacked iron ore.
(e) Utmost precaution may be taken during the movement of vehicles between stack yard and unloading point to avoid spillage.
(f) Village Road to Belekeri Port area used for transportation of Cargo shall be provided with permanent dust containment facility.
(g) Measures shall be taken to collect spilled iron ore (if any) on the National Highway and village Road, which otherwise may cause lot of nuisance to the public travelling on National Highway and village road. "
These iron ores were admittedly confiscated by the 12th respondent, Port Officer. Therefore it is their duty to dispose the same and prevent further pollution.
While disposing the application, we direct the respondent No. 12, the Port Officer, to take immediate steps to dispose the heaps of iron ore stacked at Karwar and Belekeri Port areas by conducting auction to prevent the Air and Water Pollution. While disposing the iron ore, conditions (a) to (g) referred earlier shall be imposed. The auction should be conducted within a period of six months and the report shall be filed before the Tribunal.
The application is disposed accordingly.