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Original Petition W.P 9578/2020

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Original Petition W.P 9578/2020 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
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