FACTS -
This is a suo moto case taken up by the supreme court of India. The same case had been taken to court several times previously. Bellandur lake had had several fire accidents. This was due to waste being burnt and the untreated sewage water that would seep into the lake. The main reason, however, was the effluents generated were not only within the permissible limits but also the effluents discharged would not be into the surrounding lakes. The lake smelled toxic and was filled with moss. The froth that formed at the surface of the lake contained Hydrocarbon polymers which catch fire easily. The state of Karnataka had been previously given instructions to ensure no industries discharge their harmful treated or untreated effluents into the surrounding lakes. The Karnataka Pollution Control Board was made to perform a one-time cleaning of the entire Bellandur lake. Not only was Bellandur lake being affected but also Agara Lake and Varthur Lake.
ISSUE -
The issues are:-
i) Whether the state of Karnataka followed the instructions provided by the supreme court in the previous cases?
ii) What actions should be taken against those industries that cause pollution, and generate untreated, toxic sewage which is emptied into lakes?
iii) How to deal with the discharged effluents of surrounding industries?
iv) Whether the existing Sewage Treatment Plants (STP), are efficient in treating industrial effluents?
RULE -
(i) Section 25 in The Water (Prevention and Control of Pollution) Act, 1974
Provides that prior consent of the State Board is important to set up any industry, plant, or cycle which is probably going to release sewage or exchange profluent into a stream.
(ii) Section 20, NGT Act, 2010
Provides for payment of fine, if principles of sustainable development are not followed.
Precedents-
In 2014 the issue was first brought into this tribunal. It was considered with regards to Lake Development Authority Bangalore’s report. The report was also done by the Regional Office of the Ministry of Environment, Forest and Climate Change in 2013. The matter was thought to have been dealt with in 2016.
The current issue was looked at anew for the third time on February 22, 2017, anticipating natural catastrophe, remembering fire for the lake, emanating profoundly contaminating vapour, and making thick billows of smoke. The fire was supposed to fill around the lake, in the light of the media reports. On February 22, 2017, learned counsel for the statutory authorities conceded and stated that the reason for the fire was the burning of solid waste and plastics.
ANALYSIS -
The court’s decision seems fair. This case was brought forth to the court previously and the court had provided remedies and orders to the state of Karnataka to fix this problem. But these orders were not thoroughly followed, therefore causing the froth problem to rise again. In the current case, the supreme court has provided new measures that must be strictly followed by the Karnataka Pollution Control Board. Industries surrounding lakes should be extra careful with the toxic effluents they discharge. At the same time taking a fine as compensation from the state government is completely reasonable.
Considering how macrophytes affect water quality in lakes it is understood the macrophytes menace must be terminated once and for all. Therefore, macrophytes and water hyacinths should be biologically eradicated. The supreme court giving this order to the Indian Institute of Sciences, Bangalore was a good decision. In the meanwhile, the supreme court has made sure to instruct the Karnataka state government to provide reports at regular intervals before the tribunal every month on the progress of physically removing the macrophytes from the lakes. The presence of phosphorous in industry waste is the real problem. One of the significant wellsprings of Phosphate is cleansers and cleansers. In a few nations, severe cutoff points have been determined for Phosphate in cleansers and cleansers as it prompts poisoning of precious water bodies. Less Phosphorous methods, fewer weeds in the water body. Therefore, the STPs need to take action for removing Phosphorous nutrients from chemicals emitted by the industries.
It can be analyzed that some solutions which can be done sustainably are:-
· We need to focus on land regulation and management.
· Incentives should be built to encourage sustainable production activities.
· We need to offer monetary and specialized help to little ranchers who might be affected because of the absence of funds or ecological necessities. The value of agriculture should be emphasized to people.
· Environment-friendly products need to be used. So even if these products enter lakes, they will not pollute them.
This decision will help settle future cases that might be similar. The 99 apartment projects surrounding the lakes which had not followed the required necessities to safeguard their STP’s should be fined and forced to abide by the orders. Overall this case was dealt with well and if orders are closely followed then there will be an official end to this ongoing case.
CONCLUSION -
The conclusion reached was that the authorities of Karnataka neglected their duties. They didn’t do what was required in the time that they were given. Formation of froth was taking place because of the continuous inflow of sewage water. The buffer zone at the lake was being used by many immigrants. Dangerous untreated drainage water that was discharged into the lake through stormwater drains was another problem that needed fixing.
Some easy measures that could be taken are:-
(i) Removing weeds regularly and reducing macrophytes.
(ii) Reduction of the speed of the stream at the waste weirs and the degree of drop by building slopes at the waste weirs. Improvement in the level of aeration
(iii) Fencing around the lakes. De-silting and treating all sewage water. Ridding of froth, residue, and moss.
WRITER;
NAME: Sweekruthi Prabhakar
COLLEGE: SYMBIOSIS LAW SCHOOL, HYDERABAD
Comments