The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has set aside the May 20, 2022, National Green Tribunal (NGT) order concerning the finding that the Madras Engineering Group (MEG) and Centre, Bengaluru, has contributed to the pollution at Halasuru Lake.
A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind has set aside the order confirming the 2021 ex parte interim order imposing the environment compensation of Rs 2,94,60,000 on the alleged ground of non-compliance to the discharge standards in two MLD-STP operated at the lake.
“The setting aside of the order and the finding imposing the environmental compensation on the appellant (MEG) are on the sole ground that they are passed without affording an opportunity of hearing to the appellant and thus, in breach of principles of natural justice. The matter is remitted back to the National Green Tribunal, Southern Zone, Chennai, to reconsider and decide afresh the question of imposition or otherwise of the environment compensation on the appellant, and to decide as to whether the appellants are liable to pay such compensation, after extending opportunity of hearing to the appellants,” the bench said.
To deposit Rs 1 crore
The court also said that the MEG, however, shall deposit Rs 1,00,00,000 with the Karnataka State Pollution Control Board (KSPCB) in view of the August 2024 order of the NGT on the appeal subject to the outcome of the fresh exercise and order.
The NGT had taken up the suo motu case in March 2016 based on a news report. It was alleged that a slaughterhouse, MEG and the BWSSB had contributed to the pollution. The BWSSB was told to contribute Rs 1 crore towards environment compensation.
Additional Solicitor General Arvind Kamath submitted that MEG and Centre and Garrison Engineers (North) Bangalore are under the Ministry of Defence. He stated that an open stormwater drain of the BWSSB flows through MEG and Centre, adjacent to the 100 KLD STP commissioned in 2019 culminating in the lake.
It was also submitted that the BWSSB and others are the main polluters, and the petitioner cannot be pinned with the fault. He further said the sewage load of MEG and Centre is very less and the 1,200-KLD STP is under planning.
“ A demand notice is served without undertaking the exercise of assessment. There is no assessment of the liability qua the petitioners, when the petitioners have not been heard and never had the occasion to raise the defence,” the bench said.