NGT slaps Rs 500 crore fine on Karnataka govt for not maintaining Chandapura lake

The National Green Tribunal (NGT) has imposed an environmental compensation of Rs 500 crore on the Karnataka government for its failure to maintain the Chandapura lake in Anekal.

The Principal Bench of the NGT headed by justice Adarsh Kumar Goel imposed the penalty taking into account a joint committee report which noted laxity by various government agencies in cleaning the water body.

"...Huge damage has been caused to the lake in question. Such damage is clearly attributable to inaction or complicity of the authorities of the State of Karnataka. There are illegal encroachments and construction activities, unchecked violations of environmental norms by the industries, failure to protect and regulate buffer zones and catchment areas of the lake and to control pollution. Water quality of the lake has deteriorated," the order said.

The lake is spread out over an area of 7.2 acres in Heelalige village and 17.27 acres in Chandapura town. Out of the total 24.27 acres, nearly two acres of the lake has been encroached by construction activities. The buffer zone has been encroached by a government hospital and local shops. The fence around the lake has been broken and garbage is littered along its boundaries. There is no sewage treatment plant (STP) due to which untreated sewage is discharged into lake, the Tribunal said.

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The NGT, which was hearing a Chandapura lake pollution case, had constituted an expert committee.

"The State has failed to protect environment and provide clean environment to citizens in breach of its to enforce right to life and ‘Sustainable Development’ principle. Lake ecology and ecosystem have hugely suffered. The State is thus to be held liable to pay environmental compensation and to restore the ecosystem. Needless to say, the State is free to recover the amount of compensation which it is being required to pay from erring violators – industries, encroachers and erring officers, following due process of law," the Tribunal said.

"We determine the amount of compensation at Rs 500 crores for reasons to be stated in later part of this order. The amount may be deposited within one month and kept in ring-fenced account with the State Pollution Control Board which will be the responsibility of the Chief Secretary, Karnataka. The amount may be utilized for restoration measures preferably within six months, as per directions and supervision of a Monitoring Committee. The same will be headed by Chairman, State Wetland Authority. The Chairman of the Committee may evolve mechanism for coordination and working," the order said.

The amount may be utilized by the state for restoration measures as per District Environment Plans of the concerned Districts. Restoration measures may include biological measures such as plantation/afforestation of suitable trees, shrubs, engineering measures such as check dams, gully plugging at the mirco-watershed level to stabilize the catchment ecology, in-situ and ex-situ measures for upgrading the water quality of the lake at least to ‘C’ categories (as per categorization of water quality criteria by CPCB) and rehabilitation of lake ecosystem, the order further said.

The NGT also asked the Karnataka government to submit its interim action taken report may by January 31, 2023 and asked the Chief Secretary to remain present in person by video conference on the next date of hearing.