HC stays NGT order on closure of units around lake

The High Court of Karnataka has stayed the order of the National Green Tribunal’s (NGT) principal bench, New Delhi, which had directed the civic authorities in Bengaluru to close down polluting industries in the catchment area of Bellandur lake.

NGT had passed the order on April 19, 2017, on a petition filed by Rajya Sabha member D Kupendra Reddy about industries letting out untreated effluents into the lake leading to frothing and fire.

Hearing a petition filed by Shashi Distilleries Pvt Ltd, a division bench comprising Chief Justice Subhro Kamal Mukherjee and Justice P S Dinesh Kumar also stayed the notice issued by Karnataka State Pollution Control Board (KSPCB) to the distillery to close down.

KSPCB had issued notice to the distillery on May 12 following directions by the NGT. The petitioner has contended that KSPCB issued the notice without application of mind.

The distillery challenged the NGT order on the grounds that it passed the order without jurisdiction as the petition regarding pollution in Bellandur lake has to be heard by NGT in the Southern Zone bench, Chennai.

The petitioner contended that NGT’s order is against the provisions of the National Green Tribunal Act, 2010. Section 4 Sub-Section 3 specifies territorial jurisdiction of NGT. The petitioner sought directions to quash the NGT and KSPCB orders. The bench also issued notice to the state government, BBMP, Bescom, BWSSB and KSPCB in the matter.