The cost(s) of negligence: NGT imposes heavy penalties on Karnataka for failure to protect Bangalore lakes

The National Green Tribunal (NGT) today pulled no stops in its endeavour to curb the pollution of Bangalore lakes, imposing heavy costs on the State of Karnataka for its negligence in maintaining the Bellandur and Varthur Lakes..The NGT Bench headed by Chairperson Justice AK Goel has also appointed a Committee to be helmed by former Supreme Court judge, Justice Santosh Hegde, in order to ensure that its directions are complied with..After hearing Senior Advocate Sajan Poovayya, appearing for Namma Bengaluru Foundation, the Bench went on to pass a slew of directions..Noting that there was negligence on the part of the government in protecting the lakes and in keeping storm water drains free from encroachment, the NGT directed it to come up with an action plan to deal with the situation within one month..The Committee headed by Justice Hegde has been tasked with seeing to it that the timelines of this action plan are adhered to by the government. It will also set up a website and garner complaints and suggestions regarding the lakes..Moreover, the NGT held that as per the Polluter Pays Principle, the state government is liable to make good the loss caused by its negligence. Therefore, it has been directed to deposit Rs. 500 crore in an escrow account, to be used towards implementation of the action plan..Another Rs. 50 crore is required to be paid to the Central Pollution Control Board (CPCB) for restoration of the environment. Further, the Bruhat Bengaluru Mahanagara Palike (BBMP) has been directed to deposit Rs. 25 crore, out of which Rs. 10 crore shall be transferred to the Karnataka State Pollution Control Board (KSPCB)..The NGT has taken a very serious view of the matter, directing,.“State of Karnataka will undertake to pay further 100 crores if there is failure to implement the plan.”.To this end, the State has been directed to provide a performance guarantee of Rs. 100 crore to ensure implementation of its directions..The NGT had previously tasked Senior Advocate Raj Panjwani with carrying out an inspection of the Bellandur lake, after fires repeatedly broke out earlier this year. In today’s order, the Bench has directed that the recommendations made by the Panjwani Committee be carried out to ensure that no pollutant waste is discharged into the lakes..Encroachments in the catchment areas of the lakes have been directed to be removed. The CPCB has been directed to make regulations denoting the penalties to be recovered from individuals and institutions for failure to comply with the NGT’s orders..In addition to this, officers identified for implementing the government’s action plan will be held personally responsible for the same. Any failure on their part “will lead to recording impediments in their further career”, the Tribunal ordered..Earlier this year, the Panjwani Committee had submitted a scathing report of the ground situation at these lakes. Speaking of the Bellandur Lake, the report states,.“Apparently, the biggest lake of the beautiful city of Bengaluru by sheer callousness and indifference of the authorities has become the largest septic tank of the city.”.Featured image courtesy: Facebook