The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to multiple fish kill incidents across lakes in Bangalore.
The Petition is registered suo-moto on the basis of the news item dated 13.03.2024.
As per the article, Bengaluru witnessed as many as 61 fish kill incidents between 2017 and 2023. Detailed analysis reveals four lakes with multiple fish kills in the given period have exclusive Sewage Treatment Plants (STPs). These include Bhattarahalli, Munnekolala, Chelekere and Iblur lakes.
The article alleges that in 2023 alone, 20 episodes of fish kills were observed in 15 water bodies, with multiple incidents reported from Kothanur, Kundalahalli and Bhattarahalli lakes.
The article further alleges that the water quality analysis of these lakes show that sewage was the primary cause of all these incidents.
It states that these lakes are situated around the 110 villages with no UGD (underground) connection. The Bench noted from the analysis that nine out of the 15 lakes that recorded these incidents in 2023 had water quality under class E for several months. This point to untreated sewage being the main reason behind fish kills in these lakes.
The above news item indicated the Bench violation of the Water (Prevention and Control of Pollution) Act, 1974, Solid Waste Management Guidelines, 2016 and the provisions of Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Bruhat Bengaluru Mahanagara Palike, through its Commissioner.
(ii) Karnataka State Pollution Control Board (KSPCB), through its Member Secretary.
(iii) Principal Secretary, Department of Fisheries.
(iv) Central Pollution Control Board (CPCB), through its Member Secretary.
(v) Deputy Commissioner & District Magistrate, Bengaluru.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai , therefore, the Bench transferred the matter to the Southern Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 26.07.2024.