JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.

1. The applicant, who is the owner of an apartment in SNR Sliver Ripples constructed by the 3^rd respondent, has filed the above application complaining that the 3^rd respondent had not obtained „consent for establishment‟ of the STP from the Karnataka State Pollution Control Board. He has further alleged that the STP which is installed does not have the required machineries resulting in untreated sewage let out in the open space causing health hazard and also contaminating the ground water.

2. The above application is filed on the said allegations based on the response received under the Right to Information Act, 2005 from the Karnataka State Pollution Control Board stating that the 3^rd respondent had neither applied nor obtained the „consent for establishment‟ and consent to operate‟ which is a mandatory requirement. As the complaint given by the applicant to the Pollution Control Board had not evoked any response, the application is filed seeking environmental compensation from the 3^rd respondent for the deliberate violation of the environmental laws.

3. The Original Application was filed on 18^th July, 2021. Even prior to that on 16.03.2021, the Karnataka State Pollution Control Board had conducted an inspection. As per the said report, the project consisting of three blocks containing 120 flats without obtaining „Consent to Establish‟ and „Consent to Operate‟ from the Board which is violation of Section 25 of Water (Prevention and Control of Pollution) Act, 1981. The report has further stated that the existing sewage treatment plants are not in the working condition and all the machineries are defunct. The sewage effluent are being discharged into the outside open drain pipelines without being treated. As the drains are intended for carrying the rain water, the mixture of untreated sewage effluent are now carried to the nearby water bodies thus causing pollution. The inspection report further stated that the persons appointed for operation and maintenance of the sewage treatment plant are neither qualified nor trained for operating the STPs. In response to the notice issued by the Pollution Control Board, the SNR Silver Ripples owners welfare association had sent a reply undertaking to remediate and also apply for „Consent to Establish‟ and „Consent to Operate‟ on behalf of the 3^rd respondent.

4. The Pollution Control Board also had issued notice under Section

33(A) of the Water (Prevention and Control of Pollution) Act, 1974 to the 3^rd respondent on 10.08.2021. After the notice from this Tribunal, on 29.10.2021 closure directions were issued by the Karnataka Pollution Control Board to the occupants of M/s SNR Silver Ripples. Pursuant to the same, Rs. 37.51 lakhs has been calculated as Environmental Compensation and notice was issued to the occupiers, SNR Silver Ripples, Bangalore. In addition to the above, a sum of Rs. 15,625/- per day from 31.01.2022 was directed to be paid till such time the project proponent obtains „Consent to Establish‟ and „Consent to Operate‟.

5. The 3^rd respondent, who is the Managing Director of the SNR Silver Pvt. Ltd. has filed an affidavit dated 06.05.2021. After narrating how the 3^rd respondent derived title to the land, it is stated that the residential apartments to the extent of 39598 sq ft. consisting of 120 units of self-contained residential flats in three blocks were constructed by them and completed the building as per the specification. The applicant, herein, had purchased the apartment in the joint names of himself and his wife on 22.09.2017 in respect of the flat no. 206A and got the same registered on 28.09.2017. It is stated that the building plans were sanctioned by the Panchayat and not by the Anekal Town Planning Authority or Bangalore Metropolitan Region Development Authority. The project plans were sanctioned by the Village Panchayat which is well within the knowledge of the applicant. The 3^rd respondent fu