IN THE HIGH COURT OF KARNATAKA AT BANGALORE (ORIGINAL JURISDICTION)
W.P.No.______/2020 (G.M. – PIL)
BETWEEN :
BANGALORE ENVIRONMENT TRUST AND ORS … PETITIONERS.
AND
UNION OF INDIA AND ORS … RESPONDENTS.
SYNOPSIS
DATES EVENTS
07.08.2018 Directions issued by Central Pollution Control Board to
6th respondent Pollution Control Board U/Sec.18(1)(b) of Water Act, 1974 in the matter of treatment of untreated sewage and industrial effluent and disposal in Byramangala Lake.
20.09.2018 Order of the Hon’ble NGT in OA.No.673/2018 directing all the states and Union Territories to prepare action plan in respect of Polluted River Stretches and Arkavathi River is listed as priority no.3 in the said order.
23.11.2018 Government order approving Construction of Diversion Weir and Channel for Byramangala Reservoir of Ramanagara Taluk, Ramanagara District by diverting Vrishabavathi River.
Jan – 2019 6th Respondent KSPCB prepares a proposed action plan for rejuvenation of river Arkavathi.
01.10.2019 6th Respondent KSPCB submits another action plan
with respect of litigation of pollution of Vrishabavathi Valley.
09.03.2020 CSIR – NEERI calls for tender in respect of work of
preparation of Master Plan for rejuvenation/restoration of lakes of Bangalore City as entrusted by BBMP.
BRIEF FACTS OF THE CASE:
Within an alleged intention to save Byramangala Tank which presently receives polluted water by from Vrishabavathi River, on
23.11.2018 a Government order was passed sanctioning a sum of
Rs. 110 crores for Construction of Diversion Weir and Channel for
Byramangala Reservoir of Ramanagara Taluk, Ramanagara District to divert the flow of Vrishabavathi River avoiding its entry into
Byramangala Tank. The said diversion of a river is made without any scientific bases, without considering the facts that:-
i. To address the issue of pollution in Byramangala Waters, the
factors causing pollution of Vrishabavathi River like discharge
of untreated sewage and industrial effluents into river water
directly, encroachment of lake and tank areas etc needs to be
addressed.
ii. There could be a serious environment and ecological
repercussion by changing the path of Vrishabavathi River
without even studying its environmental impact.
iii. Changing the path of Vrishabavathi River is not a solution to
the problem. The proposal to divert Vrishabavathi River to
reduce pollution of Byramangala Tank is arrived at without
studying at the social, economic or environment impact of the
same or without ascertaining if it was the right solution by any
expert opinion.
iv. The fact that Byramangala Tank could entirely dry up there by
putting lives of farmers dependent on its water for agriculture
and irrigational purposes at peril has not been considered by
the respondents.
v. By diverting the Vrishabhavathi river and avoiding the flow of
river water into a water body has resulted in astronomical
increase of pollution of the river in the downstream area, which
would be dumped to Arkavathi river and thereafter to river
Cauvery.
Hence the respondents are executing a project which not only
threatens to dry up Byramangala Tank but also reduces the
tank area and also increases pollution levels of Vrishabavathi
River which further joins Arkavathi River and thereafter river
Cauvery. The project putting Byramangala Tank, Arkavathi,
Vrishabavathi & Cauvery Rivers into peril needs to be
reconsidered by the respondents which since has not been
done, in spite of repeated representation of the petitioners, the
above petition is filed seeking for indulgence of this Hon’ble
Court. Hence this writ petition.
BANGALORE DATE:12.08.2020 ADVOCATE FOR PETITIONER (B.V. VIDYULATHA)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
W.P.No.______/2020 (G.M. – PIL)
BETWEEN:
1. BANGALORE ENVIRONMENT TRUST, No.10, Sirur Park ‘B’ Street, Sheshadripuram, Bangalore 560 020.
Represented by its Chairman, Sri. A N Yellappa Reddy S/o Muninajappa Aged about 84 years #9C-5th Block, IAS Officer Colony, 1st A Main, 14th B Cross, Sector-6, HSR Layout, Bangalore South Bangalore – 560 102.
2. NIRMALA GOWDA, D/O Annegowda Aged about 43 years, Trustee, Bangalore Environment Trust, No.10, Sirur Park ‘B’ Street Sheshadripuram Bangalore 560 020.
3. MAREGOWDA G K S/o G.M Kalegowda Aged about 55 years, # 56, M. Gopahalli, M. Gopahalli Post, BidadiHobli, Ramanagaram Tq & District – 562 109.
4. JAGADISHWARA RAO K R S/o Ramachandra Rao Aged about 44 years, Member, Karnataka Rajya Raitha Sangha # Kadasikoppa HarohalliHobli, Kolliganahalli, Kanakapura Taluk, Ramanagara – 562 112.
5. NATARAJU S/o Purushothama,
Aged about 52 years, # 55A, Shiva Temple, Chowkahalli, Byramangala Ramanagara – 562 109.
6. MANOJ KUMAR C S S/o Shivashankar Reddy Aged about 24 years, #14, Chowkahalli, Byramangala Ramanagara – 562 109.
7. KARTHIK S S/o Suresh M Aged about 50 years, #26, Sanjeevayyanadoddi, BidadiHobli, Ramanagara – 562 109 ... PETITIONERS
AND:
1. UNION OF INDIA, Department of Environment, Forests and Climate Change, Indira Bhawan, Aliganj, Jorbagh Road, New Delhi – 110 003. Represented by its Secretary.
2. STATE OF KARNATAKA, Department of Water Resources (Minor Irrigation), VikasaSoudha, Bangalore – 560 001. Represented by its Secretary.
3. STATE OF KARNATAKA, Department of Ecology, Environment and Forests Multistoreyed Building Dr AmbedkarVeedhi Bangalore 560001 By its Secretary
4. CAUVERY NEERAVARI NIGAMA LIMITED, Surface Water Data, Anand Rao Circle, Seshadri Road, LakshmanPuri, Gandhi Nagar, Bengaluru, Karnataka - 560001.
5. KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY. Karnataka seeds ground, Bellary Rd, Hebbal, Bengaluru, Karnataka - 560024.
6. CENTRAL POLLUTION CONTROL BOARD, 'PariveshBhawan', East Arjun Nagar,
Shahdara, Delhi-110032. By its Chairman.
7. KARNATAKA STATE POLLUTION CONTROL BOARD, ParisaraBhavan, #49, Church Street, Bengaluru, Karnataka – 560 001. By its Chairman.
8. BANGALORE WATER AND SEWAGE SUPPLY BOARD, Cauvery Bhavan, 2ndFloor, K. G. Road, Bengaluru, Karnataka – 560009. By its Chairman.
9. BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. Square Bangalore-560 002 By its Commissioner. ... RESPONDENTS
MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA
The Petitioners above named submit as follows:
1. Petitioner no. 1 Trust was founded in 1987 by a group of
enlightened citizens. Since then the Trust has been working on
multitude of environmental issues like lake restoration, urban
tree protection, afforestation, pollution prevention, water rights
and pollution related livelihood issues. Its Chairman, who
represents the Trust in the above Petition, was a Member of
Indian Forest Services, and has served for four decades as an
Administrator of Forests. He retired as the Secretary of
Department of Ecology and Environment, Government of
Karnataka. He served as the member of Karnataka High Court
Lok - Adalat. He was the founding member of Foundation for
Ecological Security. He has led the 1st Petitioner Trust through
numerous lake restorations and afforestation work.
2. Petitioner no. 2 is the Trustee of the 1st Petitioner Trust and
has a B.E degree in Computer Science, M.Sc. in Environmental
Management (University of San Francisco). As a concerned
citizen and trustee of Bangalore Environment Trust (BET), she
works alongside other farmers and vulnerable communities on
issues mostly related to water, pollution, public health and
human rights violation. She is actively involved in citizen
scientific research which guides pollution mitigation actions on
the ground providing relief to adversely impacted communities.
She has been continuously rallying for safe drinking water for
the rural inhabitants of Kanakapura. She has played a critical
role in educating and enabling the vulnerable communities to
exercise their democratic rights.
3. Petitioner no. 3, is a local farmer and president of Byramangala
Kere Achukattudarara Samrakshana Samiti (BASS), whose
interest is to give water security to the farmers of Byramangala
Command Area. His campaign is ‘safe water for irrigation’ for
the farmers of Byramangala Tank.
4. Petitioner no. 4 is part of a network called Karnataka Rajya
Raitha Sanga (KRSS), which is a farmer’s movement. He is
involved in several campaigns to get fair prices for silk and
milk. He is actively involved in advancing the constitutionally
guaranteed Right to Life, Livelihood and Clean Environment for
the farmers of Byramangala Tank.
5. Petitioner no. 5 is a local farmer, who is also the member of
Byramangala Kere Achukattudarara Samrakshana Samiti
(BASS). He is actively involved in protecting the Byramangala
lake from illegal industrial solid and liquid waste dumping
working with the KSPCB and police.
6. Petitioner no. 6 is a local youth leader from Chowkahalli, who
has campaigned for pollution mitigation of Byramangala tank
by raising awareness among farmers. He has also campaigned
for safe drinking water and got several water filtrations units
installed in the surrounding villages.
7. Petitioner nos. 3 to 7 are all residents of the Ramanagaram
District, whose and livelihood of other farmers of the
Ramanagaram District will be affected due to the construction
of diversion of Byramangala Reservoir located in the District.
8. None of the Petitioners have any private interest in the subject
matter of the Petition and are all public spirited citizens voicing
concerns of environmental degradation and loss of livelihood of
the farmers due to the Byramangala Diversion project, which is
the subject matter of the above Petition.
9. By way of this Petition, the Petitioners seeks the indulgence of
this Hon'ble Court regarding gross violations of constitutional
rights, court orders and various other statutory provisions
including the environmental laws by the Respondents, in
seeking to construct a diversion weir and channel for the
Byramangala reservoir located in Ramanagara Taluk for an
initial cost of about 110 Crores, by which Five hundred Million
litres of toxic, frothing wastewater is proposed to be diverted
unscientifically from Byramangala Tank directly to downstream
rivers, thereby not only destroying the tank completely, but
also worsening the quality of water of River Arkavati and River
Vrishabhavati. The project if completed takes away the
livelihood of thousands of farmers who depend entirely upon
the waters from this tank for the purpose of growing crops,
feeding livestock and other agricultural and irrigational
activities.
10. The purpose of the said project is apparently to overcome the
problem of pollution of Byramangala Tank. However, the
project does not take cognisance of the polluted state of the
whole river-body, and unscientifically without any technical
data or study seeks to overcome the pollution by damaging yet
another tank in the State of Karnataka. The project does more
damage than good. Ironically, the project irreversibly damages
the ecology of the very tank it intends to protect. The
construction of the concrete diversion canal across the lakebed
significantly reduces the lake area and makes way for
encroachment. The flora and fauna of the lake’s buffer zone is
destroyed as it is the source of soil for the unscientific ring
bund, that prevents the rainwater from entering the lake from
the surrounding catchment areas. The project is illogical as it
does not address the root cause of pollution from industries,
sewage and solid waste. The project does not take cognisance
of the fact that the tank provides livelihood wastewater to the
farmers. Instead of making wastewater safe for irrigation, it
takes it away from the farmers displacing them. Increased
pollution load downstream has put the farmers and fishermen
at risk of loss of life, health and livelihood. The decision to
execute this project has been taken in stealth, without
consultation with the impacted communities or Gram
Panchayats.
The facts pertaining to the subject matter of the above Petition
is as follows:
11. River Arkavathy originates in Nandi Hillsof Chikkaballapura
district and feeds Hessarghatta Tank, Thippagondanahalli
Reservoir and Manchanabele Reservoir.
12. River Vrishabhavati is a minor river that originates near the
feet of the monolithic Nandi statue at the Big Bull
Temple in Basavanagudi and runs through the south-western
parts of Bengaluru and Ramanagara district for about 69 kms
before joining River Arkavati near Kanakapura town after
feeding the Byramangala Tank. The River Arkavati joined by
River Vrishabhavati then feeds Harobele Reservoir before
joining the Cauvery river at Sangama in Kanakapura Taluk.
The rivers earlier were pristine and were used not only for
irrigation but also as a drinking water source by the people
throughout its course.Today the rivers are dangerously
polluted.
13. According to the Central Pollution Control Board’s 2018 report
“River Stretches for restoration of water quality”, River Arkavati
from Tippogondanahalli reservoir to the backwaters of Harobele
dam in Kanakapura, a stretch of 55 kms was classified as
polluted stretch of class III priority. An unmistakable trend of
alarming rise in pollution levels can be demonstrated by the
fact that the same stretch of the river was classified as class IV
priority during the year 2015 by the Central Pollution Control
Board. Change of category within a period of just three years is
a fact that requires immediate attention and action by the
State. True copy of the relevant portion of the Report of the
Central Pollution Control Board for the year 2015 and 2018 is
produced herewith and marked as ANNEXURE – A and B
respectively.
14. During April 2018, Central water Commission constituted for
River Development and Ganga rejuvenation under the Ministry
of Water Resources, Government of India released a report
“Status of Trace and Toxic metals in Indian Rivers”, where it
was recorded that the Arkavathy waters in Kanakapura was
unfit for use because of the presence of toxic heavy metals –
Cadmium, Nickel, Lead, and Iron – above acceptable limits.
True copy of the relevant portion of the report of the Central
water Commission is produced herewith and marked as
ANNEXURE – C.
15. Yet another major source contributing factor to the pollution of
River Arkavati is the polluted River Vrishabhavati, which is the
carrier of toxic industrial effluents and solid waste along with
500 MLD of raw sewage from Bengaluru. The chief cause for
pollution of River Vrishabhavati being not only the untreated
raw sewage and solid waste entering the river all through its
course but also the untreated effluents from the Industries
constructed all through the course of the river. Surprisingly
and unscientifically the entire stretch on banks of the River
Vrishabhavati is not only lined with unauthorised
constructions including Industries, also the Government of
Karnataka has chosen to establish many industrial areas on
the banks of the river, including the Kumbalgodu Industrial
area and Bidadi Industrial Area, which facilitates easy
discharge of untreated industrial pollutants into its waters by
the Industries, contributing to the enormous pollution that the
river carries which ultimately is dumped into the River Arkavati
making it a very highly polluted river.
16. River Vrishabhavati also gets highly polluted water through the
Nagarabhavi Stream, into which the untreated Industrial
effluents are dumped into from the Peenya industrial Area
(from the alloy smelters, textile industries and electroplating
industries) and Yeshwanthpur Industrial Area, which is located
at the ridge of Vrishabhavati river basin.
17. In 2016-17, backed by Respondent no. 5, the KSPCB, National
Geophysical Research Institute (NGRI), Hyderabad conducted
groundwater study in the Peenya Industrial Area. It found
widespread ground water contamination with hazardous
industrial heavy metals like carcinogenic chromium.
18. In the year 2017-2018, Respondent no. 5, KSPCB
commissioned M/s. Environmental Health & Safety Research &
Development Centre (EHSRDC), to evaluate ground water and
surface water in Peenya industrial Area. The report revealed
widespread biological and chemical contamination especially
toxic heavy metals both in ground and surface water.
19. The other major factors which contribute to the pollution of the
River Vrishabhavati are:
a. Non – maintenance of sewer lines by the 6th Respondent BWSSB, allows for sewage to flow into the nearby water bodies. Due to damaged and disconnected concrete sewer lines, significant quantum of sewage is lost in transport and raw sewage is released into the water bodies. As the necessary quantity of sewage doesn’t reach the STPs for treatment the plants remain underutilized.
b. Direct flow of sewage into the river from unauthorised constructions all along the water body. c. Encroachment of Raja Kaluves and it buffer zones. The buffer zones are protection zones, that reduce the impact of pollution from its surroundings and thus protection of these buffer zones plays an important role in pollution mitigation. d. The complete absence of trees along the banks of the river, particularly in the Industrial area which if present would again add to mitigation of the pollution.
e. Poor Industrial solid waste management, by BBMP and KIADB who have the responsibility of disposing the solid waste scientifically. This has resulted in huge quantities of solid waste dumped on roadsides, vacant lands which ultimately find their way into the water body or they are being dumped directly into River Vrishabhavati and/or Byramangala Tank. f. Though Common Effluent Treatment Plants (CETP) are supposed to provide for collective treatment of industrial effluents generated from small scale industries at a centralized facility, due to non-maintenance of these units, it has resulted in concentrated toxic discharge from these treatment units, which are also fed into the River Vrishabhavati. g. Kumbalgodu Industrial Area has no sewage treatment plant to treat the sewage generated from industries and the sewage is released directly into River Vrishabhavati. Some industries discharge to soak pits, which are mismanaged and contaminate ground water. The raw sewage soak pits is emptied by unauthorised and illegal companies and are dumped near River Vrishabhavati, Byramangala Tank and farm lands, at night. h. Encroachment of natural valleys and its buffer zone by the Industrial areas, results in blocking the rainwater inflow into the river thereby increasing the concentration of pollutants in the river. i. Bidadi Industrial Area (BIA) was developed on the banks of Vrishabhavati rivers vis-à-vis Byramangala Tank. It encroaches onto Byramangala tank bed and its buffer zone, which again has a number of serious ecological implications. j. Sludge is the concentrated solid waste stream of sewage. The sludge is generated from sewage treatment plants. As ascertained from KSPCB reports and other media reports, the
fecal sludge which is a serious biological pollutant, is routinely dumped by BWSSB into the Vrishabhavati river valley. k. The emergence of pandemic has exacerbated the risk of biological pollutants from grossly mismanaged sewage.COVID- 19 viral RNA is the newest biological pollutant detected in untreated sewage. Viral RNA has been detected in several countries like Netherlands, Belgium, USA, France and Australia. In our own country, RNA of COVID-19 Virus is found in untreated sewage in Chennai and Ahmedabad. Although no tests have been performed on the presence of Covid-19 RNA - in the wastewaters of Vrishabhavati river vis-à-vis Byramangala tank, we can reasonably conclude that the virus would be detected when tested. As the peer reviewed research on the implications of the non-infectious viral RNA in sewage is slowly emerging, there is an urgent need for wastewater surveillance. There is an urgent need to ensure proper treatment by BWSSB and Covid Hospitals as the same waste waters come in direct skin contact with the farmers and villagers as it is being used as a source of waste water for irrigation of edible crops.
The above stated instances of pollution of the rivers is just
exhaustive and not inclusive. The details of the pollutants and
the contributory factors in respect of rivers, Arkavati and
Vrishabhavati are not brought out in the above Petition, since
the Petitioners are not at present seeking for redressal of these
issues.
20. The above Petition seeks indulgence of this Hon’ble court in
respect of a project that is undertaken by the Respondent State
namely the Construction of Diversion Weir and Channel for
Byramangala Reservoir of Ramanagara Taluk, Ramanagara
District(Hereinafter referred to as the Byramangala Diversion
Project for the sake of brevity). The 110 crores project in the
face of it intends to preserve Byramangala Tank/ Reservoir, by
preventing the entry of the Vrishabhavati river water into the
Byramangala Tank by erection of Flood gates and also by
preventing the entry of rainwater from the surrounding
catchments by building a ring bund along the tank’s
19kmperiphery. An amount of fifty crore is reserved for
desilting the hazardous muck at the lake bottom.
21. Respondent no. 3, the Cauvery Neeravari Nigama Limited
(CNNL) is executing the Byramangala Diversion project that
alters current course of Vrishabhavati River. The project
intends to and is building a diversion channel that diverts and
disconnects the river from the Lake. The river water flowing
into the lake is to be diverted downstream of the Byramangala
Tank via a concrete box drain of length 6.805 kms and width
4.25 mtrs. Construction of the concrete drain has begun. An
unscientific ring bund is also being constructed around the
periphery using the soil excavated from the lake’s remaining
buffer zone after destroying large trees and other flora and
fauna. True copy of Report, designs and estimates of the map
depicting the intended Byramangala Diversion Project is
produced herewith and marked as ANNEXURE - D. True copy of
the Order bearing No. JASANE 157 MMK 2018, Bangalore
dated 23-11-2018 of the 2nd Respondent is produced herewith
and marked as ANNEXURE - E. True copy of the Map depicting
the Byramangala Diversion Project is produced herewith and
marked as ANNEXURE - F. Photographs of the Byramangala
Diversion Project showing construction of Flood gates, breach
of tank bund and destruction of large trees and other flora and
fauna of the lake’s buffer zone and the subsequent
encroachment of Byramangala Tank area is produced herewith
and marked as ANNEXURE – G to G – 3.
22. The said project is undertaken arbitrarily without any scientific
basis with bathymetric studies or study of the viability of the
project within the river basin or the environmental impacts
caused by diverting the natural flow of the river on the whole
river basin or the economic impact upon the farmers and other
villagers whose livelihood is entirely dependent upon the
wastewaters of the Byramangala Lake interalia for the purpose
of irrigation and animal husbandry.
23. Factually instead of addressing the primary causes of pollution
and thereby reducing the pollution of the Byramangala Tank,
and improving the ecology of both the river and the tank itself,
the diversion increases the pollution load of the downstream
water bodies by bypassing the natural wetland filtration
system. As the wastewater passes through the Byramangala
tank wetland, it is filtered by natural processes. The lakes self-
purification capacities were observed and recorded by the
following:
a. During September 2017 a Draft Report was submitted by the
Centre for Lake Conservation and Environmental Management
and Policy Research Institute of the Department of Forest,
Ecology and Environment, Government of Karnataka to the
Karnataka Lake Conservation and Development Authority. In
the said Report the self-purification capability of the Lakes, role
of aquatic plants in replenishing water with oxygen was
projected and it was suggested that the wet lands were a
necessary component for the purpose of rejuvenation of the
lakes. In the same report the procedure of diversion of the
nallaha or the storm water channel in order to rejuvenate a
water body was deprecated and it was observed that such
diversion led to dry condition of the water body which is sought
to be rejuvenated. In the instant case, what is sought to be
diverted for the purpose of rejuvenation of the Byramangala
Tank is the Vrishabhavati river, which certainly would lead to
periodic drying of the Byramangala Tank and would not aid in
the rejuvenation of the Tank. True copy of the relevant portion
of the Draft Report submitted by the Centre for Lake
Conservation and Environmental Management and Policy
Research Institute during September 2017 to the Karnataka
Lake Conservation and Development Authority is produced
herewith and marked as ANNEXURE - H.
b. The Comptroller and Auditor General of India have in one of
the Reports filed by it to the Government of Karnataka in the
year 2015 regarding the Performance audit on Conservation
and Ecological restoration of Lakes under the jurisdiction of the
Lake Development Authority and Urban Local Bodies again
observed that diverting sewage entering the lake through
channels had resulted in drying of the lake and the sewage was
polluting the downstream lakes. In the instant case what is
sought to be diverted is the river not some sewage outfall,
which if done would certainly dry up the Byramangala Tank
and in the absence of the water body to lessen the pollution,
there would be enormous pollution suddenly flowing
downstream to the River Vrishabhavati. True copy of the
relevant portion of the Reports filed by Comptroller and Auditor
General of India to the Government of Karnataka in the year
2015 is produced herewith and marked as ANNEXURE - J. c. On January 10 – 11, 2018, the Regional Directorate, Central
Pollution Control Board, Bengaluru along with the officials of
the Karnataka State Pollution Control Board conducted an
assessment of the Vrishabhavati River Valley and the
Byramangala Lake upto the Cauvery Sangam Point and
submitted a Report to the Central Pollution Control Board. In
the said Report it is interalia observed that just by entering the
Byramangala Lake, Biological Oxygen Demand, an indicator of
sewage pollution, is reduced by 85% and Chemical Oxygen
Demand, an indicator of chemical pollution was also reduced
by 71%. Such is the self-purification capacity of a water body,
like the Byramangala Tank. True Copy of the Report submitted
to the Central Pollution Control Board by the Regional
Directorate, Central Pollution Control Board, Bengaluru is
produced herewith and marked as ANNEXURE - K.
24. Based upon the Report at ANNEXURE –K, the Central Pollution
Control Board, on 07.08.2018, passed certain directions to the
6th Respondent Karnataka State Pollution Control Board
exercising powers under the provisions of the Water (Prevention
and Control of Pollution) Acct, 1974 in the matter of treatment
of untreated sewage and industrial effluent and Disposal in the
Byramangala Lake. Though the said Order directs the 6th
Respondent Karnataka State Pollution Control Board to
communicate to the Central Pollution Control Board about the
status of the action taken upon the directions issued along
with the action plan for ensuring proper treatment and
disposal of sewage, industrial effluent, solid waste disposal in
the Vrishabhavatiriver, Byramangala Lake and River Arkavati,
till today no action is taken upon the directions issued by the
5th Respondent Central Pollution Control Board. To the
knowledge of the Petitioners, till today, the 6th Respondent
KSPCB has not prepared or ensured compliance of the said
plan for ensuring proper treatment and disposal of sewage,
industrial effluent, solid waste disposal in the
Vrishabhavatiriver valley, Byramangala Lake and River
Arkavati. True copy of the Directions issued by the 5th
Respondent Central Pollution Control Board is produced
herewith and marked as as ANNEXURE - L.
25. Byramangala tank is not alone in providing such filtration
services, the soil does it as well. One of the two reasons for
wastewater use in agriculture is to mitigate pollution of water
bodies especially the rivers. The use of wastewater in
agriculture actually acts as a low-cost treatment method,
taking advantage of the soil’s capacity to naturally remove
contamination. Therefore, the use of wastewater in irrigation
helps to reduce downstream health and environmental impacts
that would otherwise result if wastewater was discharged
directly into surface water bodies, as per the Guidelines issued
by the World Health Organisation for the Safe use of Waste
water, Excreta and Grey water. True copy of relevant portion of
the Guidelines issued by the World Health Organisation is
produced herewith and marked as as ANNEXURE - M.
26. It is evident from the above that nature’s filtration capabilities
are playing a massive role in reducing the pollution loads of
downstream rivers- Vrishabhavati, Arkavati and Cauvery.
Ignoring these facts, if Byramangala Diversion Project
continues, the pollution load of the downstream rivers will
increase leaps and bounds, thereby putting the life and health
of all the persons and wildlife coming in contact with the said
water downstream at grave risk.
27. The disastrous activities of transformation of the natural
course of the river into a drain is already in progress, as the
bund has been breached, in an attempt to reduce the water
levels to allow for construction. The breach has carried huge
quantities of polluting matter downstream in the form of heavy
metal laden aquatic fauna, heavy metal laden hazardous
sediments and copious amounts of disintegrating solid waste
eps plastic. With high concentration of heavy metals in the
fauna and sediments, the damage to the ecology of the
downstream rivers is unimaginable and irreversible. The said
high concentration of heavy metals in the Byramangala Tank
soil sample is reported in the Analysis Report dated
28.05.2019, by the 6th Respondent KSPCB and relevant portion
of the true copy of the said Analysis Report is produced
herewith and marked as ANNEXURE - N.
28. This unimaginably destruction of the downstream rivers
Vrishabhavati, Arkavati and Cauvery rivers was not considered
at all by the respondents. The rivers find no place in whole
scheme of things. By way of repeated unscientific policy
decisions and mismanagement of rivers and the lakes in the
river basin, the water bodies of Bengaluru has been let out to
dry, permitted to be encroached, as a result of which the City
which nearly boasted of 1518 water bodies now has only 681
remaining of which many are dying or totally dry or partially
dry and encroached. The present policy of construction of
diversion on Vrishabhavati river and ring bund around the
Byramangala tank is yet another example of the pattern of
mismanagement of waterbodies which inevitably paves way to
the waterbodies losing their characteristics and subsequent
encroachment.
29. The Byramangala diversion project while effectively reducing
the lakebed area, would also certainly result in drying up of
Byramangala tank. While diverting the ‘toxic water’ and
periphery ring bund preventing the rainwater entry into the
lake from the surrounding catchment areas, the project
proposes to fill Byramangala tank with urban runoff. This
creates the necessary conditions for drying up of the tank.
Bathymetric study is not conducted to ascertain the capacity of
the tank. The silt and solid waste flowing into the tank for
nearly 78 years has greatly reduced the capacity of the tank.
Thus, quantum of urban run-off needed to fill Byramangala
Tank is not calculated. The quantum of urban runoff entering
the lake is also subjected to the vagaries of monsoon and
manual operation of the flood gates. To add to all of this, the
ring bund along the 19km periphery of the lake will prevent the
rainwater from the surrounding catchment areas from entering
the lake. Because of this the tank may or may not be filled.
There may or may not be water. Even if the tank were filled,
due to reduced capacity, the water may or may not be sufficient
for irrigation. This could create conflict in terms of water needs
for irrigation and minimum water needed to maintain the
ecology of the lake. In a twisted logic huge sum of Rs. 110
Crores would be spent for such a process.
30. The deliberate action of diversions and ring bunds result in
drying up of lake bed which then inevitably ends up as a dump
for solid waste and C&D waste and finally paves way for
encroachment to build a layout for the ever expanding city.
This is a time-tested recipe for encroaching on lakebeds. An
unmistakable pattern of drying up of lakes by unscientific
diversions and ring bunds has been identified by the
Comptroller and Auditor General of India and recorded in the
Reports filed by it to the Government of Karnataka which is
already produced as Annexure – J to this Petition. True Copy
of the details of the Lakes of Bangalore used for some form of
urban development is produced herewith and marked as
ANNEXURE - P.
31. Another significant aspect which seems to have slipped the
mind of the respondents before sanctioning the project is that
Vrishabhavati is a river. It is not a drain or sewage outfall to be
diverted casually. It is a minor river flowing 69 kms before
joining the major river Arkavati. The diversion project randomly
prioritizes, an irrigation tank built across the river, rather than
taking cognisance of the polluted state of the whole river-body.
While the forty-seven kilometre stretch of the river upstream of
the Byramangala tank is ignored, the twenty-two kilometre
stretch downstream is continuously damaged because of the
diversion, since the project deliberately removes a natural filter
permanently from the course of the river.
32. Due to its critically polluted nature, Arkavathy was shortlisted
for restoration by the Hon’ble National Green Tribunal while
hearing the matter in O.A. no. 673/ 2018. In its Order dated
20.09.2018, the Hon’ble NGT directed all the States and Union
Territories to prepare action plans within two months for
bringing all the polluted river stretches to be fit at least for
bathing purposes within six months from the date of
finalisation of the action plans. True Copy of the Order dated
20.09.2018 of the Hon’ble National Green Tribunal in O.A. no.
673/2018 is produced herewith and marked as ANNEXURE - Q.
33. As a consequence of the Order, River Rejuvenation committees
were setup, action plans were drawn, money was allocated.
During January 2019, the 7th Respondent KSPCB prepared a
Proposed Action Plan for Rejuvenation of River Arkavati.
Instead of bringing the proposed Action Plan to real time
execution and enforcement, the 3rd Respondent CNNL is
needlessly wasting public funds on the illogical diversion
project causing unwanted substantial aggravation to River
Arkavati. True copy of the Proposed yet to be finalized Action
Plan for Rejuvenation of River Arkavati prepared by the 7th
Respondent KSPCB under the guidance of the 6th respondent
CPCB is produced herewith and marked as as ANNEXURE - R.
34. It is also pertinent to mention that Harobele reservoir built
across Arkavati river is the receptor of the grossly polluted
waters as described above. It was commissioned in 2004 for
irrigation and thousands of farmers and local residents depend
on this water for irrigation, drinking, livestock maintenance
and also fisheries. Diversion will necessarily increase the risks
to health of these people and the animals, not to mention the
livelihood loss and the food chain contamination. If the
diversion continues, due to execution of the Byramangala
Diversion Project, one can reasonably expect frothing and
foaming situation of the waters near Harobele reservoir.
35. The Harobele reservoir is also a haven for birds. Elephants and
other wildlife from Bannerghatta National Park and Mugguru
forest visit the Arkavati river and Harobele reservoir to quench
their thirst. The Respondents have paid no attention to the
impact of polluted waters on these birds and other wildlife. The
risks of chemical and bacteriological load to wild animals is not
studied and thus not known. This aspect is more crucial in
view of the fact that COVID-19 virus is in sewage and the wild
animals, unable to treat contaminated water like humans, are
consuming the viral remains in the wastewater.
36. Yet another important factor, in the long list of important
factors not considered by the respondents, is the degradation of
River Cauvery, which is the lifeline of the south. As continuous
stream of polluted water from River Vrishabhavati, joins the
River Arkavati which ultimately flows into Cauvery River the
ecological integrity of the river will start disintegrating. The
poisoned water of Cauvery river is the primary source of
drinking water for the wildlife of Cauvery Wildlife Sanctuary.
The impact is going to be more pronounced for Hump back
Masheer, an endemic fish of Cauvery river, which is listed as
critically endangered by IUCN. The habitat of Masheer located
at the confluence of Arkavati and Cauvery, if destroyed, can
potentially end the species.
37. Water bodies are dynamic living entities that are
interconnected. Randomly prioritizing one lake without taking
cognisance of the inter connections of web of life within the
hydrological boundaries, will certainly increase pollution levels
and result in ecological destruction at a scale that allows for
extinction of species that we know of and don’t know of.
38. Apart from the ecological point of view, the Byramangala
Diversion Project fails to take notice of the livelihood issues of
thousands of farmers and local persons presently depending
entirely upon the waters of Byramangala Tank. While diverting
the ‘toxic water’, the project proposes to fill the Byramangala
tank with urban runoff while preventing entry of rainwater
from the surrounding catchment area with a peripheral ring
bund. The diversion project DPR does not provide any details
as to whether the urban runoff is sufficient for irrigation or Is
the quality of urban runoff safe for irrigation, etc., indicating
lack of scientific studies. The quantum of urban runoff is
subjected to the vagaries of monsoon and manual operation of
the flood gates. The tank may or may not be filled. There may
or may not be water for irrigation. The diversion project is
creating all the necessary conditions to make water abundant
area even if it is wastewater to a water scare area. This will lead
to loss of livelihood and mass displacement of farmers in the
region.
39. The Respondents are illegally and without any scientific basis
trying to alter the natural course of River Vrishabhavati,
thereby completely destroying Byramangala Tank and three
rivers, thereby causing loss of livelihood to thousands of
farmers who are dependent on the water bodies for irrigation
and fisheries. Condoning the encroachments, concretizing the
lakebed and disconnecting the assured source of water supply
via diversion and ring bunds, the project is destroying the very
tank it sets out to protect. The Petitioners made all the
concerned efforts to the Respondents to take proper action in
this regard. True copy of few of the representations dated
5.8.2019 and 14.8.2019 made by the Petitioner Trust to the
Respondents as regards the Byramangala Diversion Project is
produced herewith and marked as ANNEXURE – S and S – 1
respectively.
40. A complaint in this regard was also given to the Hon’ble
Lokayukta. As a result of the Complaint, the 6th Respondent
KSPCB submitted yet another Action Plan with respect to
mitigation of pollution of V – Valley along with a letter dated
01.10.2019 to the Hon’ble Lokayukta. Since the said Action
Plan lacked the necessary scientific vision to address the grave
problem of pollution of the Vrishabhavati river, the Petitioner
Trust submitted objections to the said Action Plan to the
Hon’ble Lokayukta, on 17.10.2019. True copy of the Letter of
the 6th Respondent KSPCB dated 1.10.2019 along with the
Action Plan is produced herewith and marked as ANNEXURE – T
and T – 1 respectively. True copy of objections of the Petitioner
Trust to the Action Plan submitted by the 6th Respondent
KSPCB is produced herewith and marked as ANNEXURE – T – 2.
41. The 7th Respondent KSPCB at the instance of the Hon’ble
Lokayukta arranged for a meeting of the Petitioner Trust and
all the government stakeholders, under the Chairmanship of
KSPCB on 3010.2019 for the purpose of discussing the issues
pertaining to the Vrishabhavatiriver valley and the
Byramangala Tank and all the Heads of the Organisations were
informed to be present at the meeting along with an action plan
for mitigation of pollution of the Vrishabhavati river and the
Byramangala Tank. True copy of the Meeting Notice dated
25.10.2019 issued by the 7th Respondent KSPCB along with an
Annexure is produced herewith and marked as ANNEXURE – V
and V – 1 respectively. The Petitioner Trust submitted the
action that was required to be taken by each of the Stake
Holders in form of Critical observations and Analysis pertaining
to Vrishabhavati river to the 6th Respondent KSPCB on
30.10.2019, true copy of which is produced herewith and
marked as ANNEXURE –V – 2. There was no follow-up action.
42. On 18.06.2020, observing that the diversion channel of the
Byramangala Diversion project is done on the Tank bed area
thereby permanently reducing the Tank area and destroying its
buffer zone, a representation via email was made to the
Respondents seeking their attention to the violations made in
trying to execute the Byramangala Diversion Project, true copy
of which is produced herewith and marked as ANNEXURE – W.
43. One of the other important factor that is responsible for the
water bodies not being rejuvenated as required is the fact that
all the Respondents do not act in unison while preparing an
action plan for rejuvenation of a water body or while executing
the plan. Each of the Department do not have any idea as to
what the other Department is doing or is intending to do in
respect of a water body rejuvenation. Even submissions made
before this Hon’ble Court or before Hon’ble NGT by one
Department is not brought to the notice of the other
department and also the plan is not prepared by involving all
the involved Departments. In respect of the above subject
matter also as already stated there is an Action Plan (produced
at Annexure – R) submitted by the7th Respondent KSPCB
during January 2019 pursuant to the Order dated 20.09.2018
of the Hon’ble National Green Tribunal in O.A. no. 673 / 2018.
At present again the 9th Respondent BBMP without considering
this Action Plan that was already submitted has again
entrusted the work of preparing the Master Plan for
rejuvenation and restoration of the lakes in Bengaluru City to
CSIR – National Environmental Engineering Research Institute
(NEERI), which in turn has invited proposals from consultants
for the preparation of Master Plan for rejuvenation/restoration
of 210 lakes of Bengaluru city by way of a Tender Enquiry No.
PMPD/S&T/HZC/2019-20/21 DT. 09.03.2020. The Petitioner
Trust has submitted yet again representation to the 9th
Respondent to do something in furtherance of the Action plan
already submitted instead of wasting time, money and
resources thereby postponing the rejuvenation and restoration
work on the pretext of preparation of another ‘Master Plan’.
True copy of the relevant portion of the Tender Enquiry No.
PMPD/S&T/HZC/2019-20/21 DT. 09.03.2020 and the
representation dated 07.08.2020 is produced herewith and
marked as ANNEXURE – X and X - 1 respectively.
44. Aggrieved by the inaction on part of the Respondents in failing
to consider the serious environmental and livelihood
implications in diverting the River Vrishabhavati under the
guise of making Byramangala Tank ‘pollution free’, in spite of
repeated attempts by the Petitioners in requesting the
Respondents not to go ahead with Byramangala Diversion
Project, having no other alternative and efficacious remedy are
before this Hon’ble Court on the following among other
grounds: GROUNDS:
45. The action of the 2nd and 3rd Respondents in preparing a
project involving diversion of a river from its natural path
without studying the implications of the same upon the
Environment by abuse of power exhibits arbitrariness and
violates Article 14 of the Constitution of India.
46. The action of the 2nd and 3rd Respondents in preparing a
project that apparently cleans up the Byramangala Tank,
without any scientific basis like bathymetric studies or without
any support from any Expert in the field or from Karnataka
Lake Conservation and Development Authority whose function
is to provide technical assistance or from KSPCB or CPCB and
contrary to the accepted reports that diversion of a water
source including sewers and rainwater would result in the
drying up of the Tank, while polluting downstream rivers,
clearly demonstrates the fact that the entire project of
Byramangala Diversion is a resultant of non-application of
mind or is done for extraneous reasons other than for the
purpose of improving the quality of water in Byramangala Tank
and the same again violates Article 14 of the Constitution of
India.
47. The action of the 2nd and 3rd Respondents in trying to divert a
river, so as to drastically increase the pollution load upon river
downstream thereby putting lives and health of the people,
animals at grave risk, is violation of Article 21 of the
Constitution of India.
48. The Byramangala Diversion Project does not take note of the
loss of livelihood of thousands of farmers who depend upon the
waters from the Byramangala Tank for irrigation, maintenance
of their livestock and other livelihood purposes and hence is
un-executable since it violates Article 21 of the Constitution of
India.
49. The Respondents have failed to take permissions from the 1st
Respondent, Wild Life Board, 6th Respondent KSPCB,
Karnataka Tank Conservation and Development Authority and
other statutory bodies having regard to the fact that the said
project would have permanent and serious negative
repercussions upon the environment, Wild Life and also would
increase the Pollution levels of river Vrishabhavati, Arkavati
and Cauvery, upon which rivers a huge population of humans,
animals, birds, wild life, flora of the State of Karnataka are
dependent upon. This is again arbitrary exercise of power and
violates Article 14 of the Constitution of India.
GROUNDS IN SUPPORT OF INTERIM PRAYER:
50. The Byramangala Diversion Project randomly prioritizes, an
irrigation tank built across the river, rather than taking
cognisance of the polluted state of the whole river-body. The
Respondents are illegally and without any scientific basis trying
to alter the natural course of River Vrishabhavati, thereby
completely destroying Byramangala Tank and three rivers,
thereby causing loss of livelihood to thousands of farmers who
are dependent on the water bodies for irrigation and fisheries.
Condoning the encroachments, concretizing the lakebed and
disconnecting the assured source of water supply via diversion
and ring bunds, the project is destroying the very tank it sets
out to protect.
51. And in the background they propose to prepare a Master Plan
for rejuvenation and restoration of all lakes in the city of
Bengaluru, which clearly demonstrates that the project is
sanctioned without any scientific basis, without any
application of mind upon the environmental hazards the
project is causing during its execution interalia in the number
of trees felled or would be felled, amount of soil removed or to
be removed from the buffer zone of the lake to construct a ring
bund around the tank, reduction of tank area etc.
52. Diversion of a course of a river without studying its
environmental, social and economical impact both in the short
term and long term is dangerous.
53. In view of the fact that the 9th Respondent BBMP intends to
prepare a Master Plan as regards the rejuvenation and
restoration of all the Lakes in the city of Bengaluru, it would be
necessary that the execution of the Byramangala Diversion
Project conceived without any study of the environmental,
social and economical impact of the project is stayed during
pendency of the above Petition, which thus would not prejudice
the Respondents.
54. On the other hand if the interim order as prayed for is not
granted and the Project continues during the pendency of the
above Writ Petition, there will be irreparable loss to the
Environment, permanent degradation of the Byramangala Lake
and deterioration of water quality of Arkavati, Vrishabhavati
and Cauvery rivers, which cannot be restored even upon
spending any amount of money.
55. Wherefore it is just and necessary that the interim Order as
prayed as is granted. PRAYER
WHEREFORE, it is prayed that this Hon’ble court may be
pleased to:
1. Issue a Writ of Certiorari or any other similar Writ or Order or
Direction quashing the Order bearing No. JASANE 157 MMK
2018, Bangalore dated 23-11-2018 of the 2nd Respondent at
ANNEXURE - E.
2. Issue a Writ of Certiorari or any other similar Writ or Order or
Direction to the Respondents to restore the area of the
Byramangala Reservoir of Ramanagara Taluk, Ramanagara
District to its original extent, state and form as it was prior to
the Construction of Diversion Weir and Channel for the
Byramangala Reservoir.
3. Issue a Writ of Certiorari or any other similar Writ or Order or
Direction to the Respondents to prepare a single Master Plan
by combining all the action plans proposing to restore or
rejuvenate any or all the lakes in the City of Bengaluru by
involving all the Respondents and other stake holders.
4. Issue a Writ of Certiorari or any other similar Writ or Order or
Direction to the Respondents to conduct a Social, Economical
and Environmental impact assessment through an authorised
Authority before execution of any action plan to restore or
rejuvenate any or all the lakes in the City of Bengaluru.
5. Issue a Writ of Mandamus or any other similar Writ or Order or
Direction to the Respondents to implement the Action Plan for
Rejuvenation of River Arkavati prepared by the 7th Respondent
KSPCB under the guidance of the 6th respondent CPCB at
ANNEXURE – R produced before the Hon’ble NGT pursuant to the
Order dated 18 Nov 2019 of in O.A. no. 673 / 2018.
6. Issue a Writ of Mandamus or any other similar Writ or Order or
Direction to the Respondents to form a river rejuvenation
committee.
7. Issue a Writ of Mandamus or any other similar Writ or Order or
Direction to the Respondents to provide a platform for citizen
engagement by:
• Allowing for citizen members in the river rejuvenation
committees.
• Hold monthly public meetings disclosing the progress made.
• Establishing a citizen grievance hotline for each regional
office and head office of 7th Respondent KSPCB
• Establishing an online forum for citizen grievance where all
the citizen complaints are visible to all the citizens.
• Continuously update the reports of the water quality
monitoring of all the monitoring locations in Arkavati-
Vrishabhavati river valley on a designated Website, which
has access to the public.
PRAYER
Pending disposal of the above Petition, it is prayed that this
Hon’ble court may be stay all further action pursuant to Order bearing No. JASANE 157 MMK 2018, Bangalore dated 23-11-2018 of the 2nd Respondent at ANNEXURE – E to the Writ Petition that pertains to Construction of Diversion Weir and Channel for Byramangala
Reservoir of Ramanagara Taluk, Ramanagara District in the interest of justice and equity.
BANGALORE DATE:12.08.2020 ADVOCATE FOR PETITIONER (B.V. VIDYULATHA)
ADDRESS FOR SERVICE: B.V. VIDYULATHA, ADVOCATE. ‘LAW POINT’ @ ‘SAMUDHYATHA’ NO. 8, 8TH MAIN, C.H.B.S. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. MOBILE: 9845615254. E – Mail : [email protected]
IN THE HIGH COURT OF KARNATAKA AT BANGALORE (ORIGINAL JURISDICTION)
W.P.No.______/2020 (G.M. – PIL)
BETWEEN:
BANGALORE ENVIRONMENT TRUST AND ORS … PETITIONERS.
AND:
UNION OF INDIA AND ORS … RESPONDENTS.
AFFIDAVIT VERIFYING THE WRIT PETITION:
I, Nirmala Gowda, D/o Annegowda, Aged about 43 years, R/at No.10, Sirur Park ‘B’ Street, Sheshadripuram, Bangalore – 560 020, do hereby solemnly affirm and state on oath as follows:
1. I am the 2nd Petitioner in the above matter and also one of the Trustees of Bangalore Environment Trust. I know the facts of the case. Hence I am swearing to this affidavit on myself and also I am authorized to swear on behalf of other petitioners also.
2. I state that the Statements made at Paras 1 to of the Writ Petition are true and correct to the best of my information and knowledge.
3. I submit that ANNEXURE – A - produced along with the Writ Petition are the true copies of the originals.
DEPONENT VERIFICATION
I, the above named deponent do hereby verify that all the facts stated in the affidavit are all true to my knowledge and that no part thereof is false and nothing material is concealed there from. BANGALORE DATED: IDENTIFIED BY ME DEPONENT
ADVOCATE NO. OF CORRECTIONS:
IN THE HIGH COURT OF KARNATAKA AT BANGALORE (ORIGINAL JURISDICTION)
W.P.No.______/2020 (G.M. – PIL)
BETWEEN :
BANGALORE ENVIRONMENT TRUST AND ORS … PETITIONERS.
AND
UNION OF INDIA AND ORS … RESPONDENTS.
AFFIDAVIT VERIFYING THE APPLICATION:
I, Nirmala Gowda, D/o Annegowda, Aged about 43 years, R/at No.10, Sirur Park ‘B’ Street, Sheshadripuram, Bangalore – 560 020, do hereby solemnly affirm and state on oath as follows:
1. I am the Petitioner in the above matter. I know the facts of the case. Hence I am swearing to this affidavit.
2. I state that the Statements made at Paras 1 to of the accompanying Application are true and correct to the best of my information and knowledge.
DEPONENT VERIFICATION
I, the above named deponent do hereby verify that all the facts stated in the affidavit are all true to my knowledge and that no part thereof is false and nothing material is concealed there from.
BANGALORE DATED: DEPONENT
ADVOCATE. NO. OF CORRECTIONS:
IN THE HIGH COURT OF KARNATAKA AT BANGALORE (ORIGINAL JURISDICTION)
W.P.No.______/2020 (G.M. – PIL)
PRESENTATION FORM
ADDRESS FOR SERVICE: BENGALURU DISTRICT.
B.V.VIDYULATHA. BETWEEN ADVOCATE. ‘LAW POINT’ BANGALORE ENVIRONMENT @ ‘SAMUDHYATHA’, TRUST AND ORS NO.8, 8TH MAIN, C.H.B.S. LAYOUT, AND: VIJAYANAGAR, BANGALORE – 560040 UNION OF INDIA AND ORS MOB: 9845615254. E-mail: [email protected]
SL.NO. DESCRIPTION. COURT FEE AFFIXED
1. ON THE MEM0 OF WRIT PETITION …
2. ON I.A. FOR DISPENSATION …
3. ON PROCESS FEE. …
4. VAKALATH …
NUMBER OF COPIES FURNISHED: OTHER SIDE SERVED: PRESENTED BY:
ADVOCATE FOR PETITONER. RECEIVED PAPER COURT FEES AS ABOVE. BANGALORE DATE:12.08.2020 RECEIVING CLERK.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
W.P.No.______/2020 (G.M. – PIL)
BETWEEN :
BANGALORE ENVIRONMENT TRUST AND ORS … PETITIONERS.
AND
UNION OF INDIA AND ORS … RESPONDENTS.
INDEX
SL. PARTICULARS PAGE NOS. NO. 1. Synopsis with Brief Facts 1 – 3
2. Memorandum of Writ Petitions along with Verifying 4 – 39 Affidavit. 3. ANNEXURE – A –True copy of the relevant portion 40 – 42 of the Report of the Central Pollution Control Board for the year 2015. 4. ANNEXURE – B – True copy of the relevant portion 43 – 45 of the Report of the Central Pollution Control Board for the year 2018. 5. ANNEXURE – C – True copy of the relevant portion 46 – 48 of the report of the Central water Commission 6. ANNEXURE – D – True copy of Report, designs and 49 – 53 estimates of the map depicting the intended Byramangala Diversion Project 7. ANNEXURE – E - True copy of the Order dated 23- 54 – 56 11-2018 of the 2nd Respondent 8. English Translation of Annexure – E 57 – 60 9. ANNEXURE – F True copy of the Map depicting the 61 Byramangala Diversion Project 10. ANNEXURE – G – Photographs of the Byramangala 62 Diversion Project. 11. ANNEXURE – G1 – Photographs of the Byramangala
Diversion Project. 62 12. ANNEXURE – G2 – Photographs of the Byramangala 63 Diversion Project. 13. ANNEXURE – G3 – Photographs of the Byramangala 64 Diversion Project. 14. ANNEXURE – H – True copy of the relevant portion 65 – 69 of the Draft Report submitted by the Centre for Lake Conservation and Environmental Management and Policy Research Institute during September 2017 to the Karnataka Lake Conservation and Development Authority. 15. ANNEXURE – J – True copy of the relevant portion 70 – 73 of the Reports filed by Comptroller and Auditor General of India to the Government of Karnataka in the year 2015. 16. ANNEXURE – K – True Copy of the Report 74 - 101 submitted to the Central Pollution Control Board by the Regional Directorate, Central Pollution Control Board, Bengaluru. 17. ANNEXURE – L – True copy of the Directions issued 102 – 106 by the 5th Respondent Central Pollution Control Board dated 07.08.2018 18. ANNEXURE – M – True copy of relevant portion of 107 – 111 the Guidelines issued by the World Health Organisation. 19. ANN EXURE – N – True copy of the relevant portion 112 of the said Analysis Report by the 6th Respondent KSPCB dated: 28.05.2019. 20. ANNEXURE – P - True Copy of the details of the 113 – 114 Lakes of Bangalore used for some form of urban development
21. ANNEXURE – Q - True Copy of the Order dated 115 – 145 20.09.2018 of the Hon’ble National Green Tribunal
in O.A. no. 673/2018. 22. ANNEXURE – R - True copy of the Proposed yet to 146 – 160 be finalized Action Plan for Rejuvenation of River Arkavati prepared by the 7th Respondent KSPCB under the guidance of the 6th respondent CPCB. 23. ANNEXURE – S - True copy of few of the 161 – 162 representations dated 5.8.2019 made by the Petitioner Trust to the Respondents as regards the Byramangala Diversion Project. 24. Typed Copy of Relevant Portion of ANNEXURE – S 163
25. ANNEXURE – S - 1- True copy of few of the 164 – 171 representations dated 14.8.2019 made by the Petitioner Trust to the Respondents as regards the Byramangala Diversion Project. 26. ANNEXURE – T - True copy of the Letter of the 6th 172 Respondent KSPCB dated 1.10.2019. 27. English Translation of Annexure – T 173
28. ANNEXURE – T -1- True copy of the Action Plan of 174 - 179 the 6th Respondent KSPCB. 29. Typed copy of Annexure – T1 180 – 185
30. ANNEXURE – T -2- True copy of objections of the 186 – 191 Petitioner Trust to the Action Plan submitted by the 6th Respondent KSPCB. 31. ANNEXURE – V – True copy of the Meeting Notice 192 – 193 dated 25.10.2019 issued by the 7th Respondent KSPCB along with an Annexure 32. ANNEXURE – V1 – True copy of the Meeting Notice 194 dated 25.10.2019 issued by the 7th Respondent
KSPCB along with an Annexure
33. ANNEXURE – V2 – True copy of the Petitioner Trust 195 – 198 submitted the action that was required to be taken by each of the Stake Holders in form of Critical
observations and Analysis pertaining to Vrishabhavati river to the 6th Respondent KSPCB dated 30.10.2019. 34. ANNEXURE – W- True copy of the representation via 199 - 200 email was made to the Respondents seeking their attention to the violations made in trying to execute the Byramangala Diversion Project dated 18.06.2020. 35. ANNEXURE – X- True copy of the relevant portion of 201 – 215 the Tender Enquiry No. PMPD/S&T/HZC/2019- 20/21 DT. 09.03.2020 36. ANNEXURE – X-1- True copy of the representation 216 – 217 dated 07.08.2020 37. Vakalath 218
BANGALORE
DATE:12.08.2020 ADVOCATE FOR PETITIONER (B.V.VIDYULATHA)