The National Green Tribunal (NGT) took Suo Motu cognizance of the issue of pollution and encroachment of Yale Mallappa Shetty Lake.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 09.01.2024.
The News discloses that the said lake has become a dumping site of construction and demolition waste and over an area of 21 Acres of lake land has been encroached upon.
As per the news item the lake is vulnerable to all types of encroachment and it has become a destination for the dumping of construction and demolition material by building contractors, truck drivers etc and the entire stretch on the southern side of the lake is filled with C & D material.
The news item also contains the allegation that the road along the lake bund connecting the private layout is illegal and those who own or developed those layouts have engaged earth mover to level the debris, thus increasing the width of the road and reducing the lake land.
The Original Application raises substantial issue relating to compliance of the provision of the 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, the Principal Bench of Justice Prakash Shrivastava , Dr. A Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
1) Bruhat Bengaluru Mahanagara Palike, Through its Commissioner.
2) Karnataka State Pollution Control Board, Through its Member Secretary.
3) Deputy Commissioner & District Magistrate, Bengaluru.
4) Karnataka State Wetland Authority through its Member Secretary.
Since the matter relates to the Southern Zone Bench, Chennai, therefore , the Bench transferred the matter to the Southern Zone Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zone Bench and the matter is listed on 12th April, 2024.