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Conflict of interest: Concerns over KSPCB chief's ties

Documents show that Thimmaiah has worked as a consultant for various development projects, including mining and building stone quarry projects
Last Updated 18 November 2021, 02:39 IST

Shanth Averahally Thimmaiah, who took over as the chairman of the Karnataka State Pollution Control Board — a body entrusted with checking pollution caused by private companies besides clearing their proposals — had worked as a consultant for several big firms including Adani, Godrej and Vedanta.

Documents obtained by DH show that Thimmaiah, during his time with Metamorphosis Consultants Private Limited and as the head of Metamorphosis Laboratory Private Limited, worked as a consultant for various development projects, including mining and building stone quarry projects.

Environmentalists point out that such an association with companies, some of whom have faced charges of large-scale pollution and were fined crores of rupees by the National Green Tribunal (NGT), makes a clear case of conflict of interest.

“As the head of the KSPCB, the chairman has a key role in providing consent for establishment and operation to private companies. It is difficult to imagine that a person who worked for private companies will scrutinise their projects without bias. This conflict of interest should be avoided at all costs,” an official who worked in the KSPCB for over 20 years told DH.

Thimmaiah’s lab prepared key documents for Vedanta Limited’s iron ore mine in Chitradurga, helping the company get compliance approvals from the Ministry of Environment, Forests and Climate Change. This included preparing reports on air, water and noise pollution.

Similarly, for Adani Vizhinjam Port Private Limited, he prepared reports on air and noise quality.

Recently, the NGT quashed the environmental clearance for an apartment project, for which Thimmaiah was a consultant, over the damage caused to Kaikondrahalli and Kasvanahalli lake. While the Supreme Court has given a status quo order, any direction to the KSPCB to inspect or conduct a study means Thimmaiah, as the head of the board, will decide on a project for which he worked as a consultant.

He was also a partner in Madhugiri Granites, a firm that had taken up quarrying minor minerals like granite in Tumakuru. Documents also showed that Thimmaiah held the position of director in Mahrishi Ores Private Limited.

The chairman and members of the board are appointed under the Water (Prevention and Control of Pollution) Act, 1974. Section 8 (e) of the Act rules that members and chairman of the KSPCB should not have any interest or share in a company directly or through any partner.

DH spoke to Thimmaiah over the allegations of conflict of interest. However, the KSPCB chairman refuted “speculations” over bias. “All these associations were in the past. I have cut off my association with all the companies. There is no question of bias. When lawyers become judges, their orders are not questioned for bias,” he said.

When it was pointed out that judges recuse themselves in cases with a possible conflict of interest, Thimmaiah said, “While submitting an application for the post of chairman, I have revealed everything to the government. So, there is nothing wrong with the appointment.”

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(Published 17 November 2021, 19:00 IST)

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