The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the development of waterfront around Mangalore, Karnataka.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 20.10.2023.
As per the article the primary reason behind this project is that there is lack of access to the riverfront due to no proper connecting roads, no ghat and so on.
The ferry service that could have connected these rivers with people too has vanished with the construction of bridges for vehicular movement.
The article states that the present scenario of the riverbanks abutting the city is no welcoming sight, with a majority of the land belonging to the Ports Department that has leased them out to ancillary activities, including boat building and repair yards, fishnet repair yard and tile factories etc.
An ordinary person does not venture to riverfronts other than for angling.
The article alleges that Mangalore as compared to the other neighbour cities situated in coastal as Udupi and etc. has no welcoming sight hence unable to attract tourism but this project will ensure people to get socializing space around the city while tourists could get a better glimpse of the coastal city of Mangalore.
Article also alleges that this development would also serve other purposes as to prevent riverbed encroachment, illegal activities, etc and people’s presence would deter such unauthorized activities.
As per the article, this project covers seven areas -Netravathi promenade, walkway between sultan battery and Tannirbhavi beach, area development of sultan battery open air theatre and water sport park at Nair Kudru and seven passenger jetties along Netravathi and Phalguni banks.
The article also highlights the lack of development over the years in sultan battery, a major landmark on the banks of Phalguni River.
This project also includes sultan battery area and construction of a hanging bridge. Article further states that Phalguni River has seen high pollution due to domestic sewage and industrial waste. NGT in another application has given directions to the Karnataka State Pollution Control Board (KSPCB) and Karnataka goverment to frame an action plan in order to prevent environment pollution due to discharge of sewage and solid effluents in the river.
The news item raises substantial issue relating to the compliance of environmental norms and violation of the provisions of Public Liability Insurance Act, 1991 and other Scheduled enactments.
“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 and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Central Pollution Control Board (CPCB), through its Member Secretary
(ii) Karnataka State Pollution Control Board (KSPCB), through its Member Secretary
(iii) Mangaluru Smart City Limited, through its Chairman
(iv) Director, National Centre for Sustainable Coastal Management
(v) National Coastal Zone Management Authority, through its Chairman
(vi) Deputy Commissioner & District Magistrate, Mangaluru
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 30.05.2024.