IN THE HIGH COURT OF AT (ORIGINAL JURISDICTION)

W.P.No.______/2020 (G.M. – PIL)

BETWEEN :

BANGALORE ENVIRONMENT TRUST AND ORS … PETITIONERS.

AND

UNION OF 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 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 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 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)