Karnataka violating environmental laws with ‘impunity’: NGT

Soumik Dutta | NT

Bengaluru: Last month, the Irrigation department, Government of Karnataka, was slapped with a Rs 50 crore fine by the National Green Tribunal (NGT) for illegal sand extraction from two dams in Dakshina Kannada district in the guise of de-silting work undertaken by the Sand Monitoring Committee. The fine amount is to be paid to the Central Pollution Control Board (CPCB).

The Tribunal observed that de-silting of dams is no excuse to duck prior environmental clearance, as was perceived and acted upon by the State. It also pulled up Karnataka Environment Impact Assessment Authority (KEIAA) and the chief secretary. The two dams in question are the Adyapady dam on Phalguni river and Shamburu dam on the Nethravati river.

In another instance, also during last month, the NGT rapped the State government for penalty unrealised from two private entities; Mantri Techzone and Core Mind Software Services, which were slapped Rs 130 crore fine earlier for encroaching the catchment areas, and damaging the Bellandur and Varthur lakes.

However, the list of complaints against the State government by the NGT and the repeated levying of penalties has been happening from late last year, when the Tribunal had imposed environmental compensation of Rs 2,900 crore on the State for allegedly not managing solid as well as liquid waste well, causing harm to the environment.

The Tribunal had justified the levying of fine by stating: “The award of compensation has become necessary under Section 15 of the NGT Act to remedy the continuing damage to the environment and to comply with directions of the Supreme Court, requiring this Tribunal to monitor the enforcement of norms for solid and liquid waste management.”

It added that without fixing the quantified liability necessary for restoration, the mere passing of orders has not shown any palpable results in the last eight years (for solid waste management) and five years (for liquid waste management), even after the expiry of statutory/ laid down timelines.

Continuing damage is required to be prevented in future and past damage is to be restored. "In respect of the gap in the treatment of liquid waste/ sewage, ie 1,427.4 MLD, the compensation works out to Rs 2,856 crore. Un-remediated legacy waste is to the extent of 178.59 MT.

The total compensation under the head for the failure to scientifically manage solid waste works out to Rs 540 crore. The total compensation comes to Rs 3,396 crore, rounded off to Rs 3,400 crore. Out of the said amount, we deduct the amount of Rs 500 crore levied as compensation by an order dated October 10:" the Tribunal Bench headed by Justice Adarsh Kumar Goel said in a statement.

The remaining amount of Rs 2,900 crore may be deposited by the state of Karnataka in a separate ring-fenced account within two months, to be operated as per directions of the chief secretary and utilised for restoration measures preferably within six months, it added. "As already directed, the chief secretary may evolve an appropriate mechanism for planning, execution and oversight of programmes for remedial action involving departments concerned within one month," it instructed.

Issues of solid as well as liquid waste management are being monitored by the Tribunal as per orders of the Supreme Court dated September 2, 2014, with regard to solid waste management and order dated February 22 in 2017, with regard to liquid waste management. "Other related issues include pollution of 351 river stretches, 124 nonattainment cities in terms of air quality, 100 polluted industrial clusters and illegal sand mining, which have also been dealt with earlier:" said the order.

The NGT also dismissed Karnataka's plea to modify the earlier levied fine of Rs 500 crore. The court, while dealing with the environmental cases, rejected the application of the Karnataka government, seeking modification of the Tribunal's earlier order to pay Rs 500 crore for causing damage to the Chandapura Lake.

The NGT bench comprising AK Goel said the state is taking liberty in fixing its own timelines in violation of those fixed by the Supreme Court and "violating the law with impunity". Judicial member Justice Sudhir Agarwal and expert member A Senthil Vel added, "There was a massive failure of state authorities." "For further delay, the compensation liability may have to be fixed separately and the plea is patently untenable," the bench added.

While passing the order, the tribunal noted that the environmental violations included illegal encroachments in the buffer zone and unregulated discharge of pollution by the industries in the adjoining industrial area and by the Jigani, Hebbagodi, and Bommasandra municipalities. As per the NGT, there are around 195 red-category industries in