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2024 Supreme(Online)(NGT) 83

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. JUSTICE PRAKASH SHRIVASTAVA, CJ, MR. JUSTICE ARUN KUMAR TYAGI, J, DR. A. SENTHIL VEL, J
NEWS ITEM TITLED "WATER CRISIS THREATENS BENGALURU MANGALURU AND SHIVAMOGGA" APPEARING IN NEWSKARNATAKA.COM DATED 06.04.2024 VS
540/2024 / DELHI



The Tribunal has the authority to take suo-motu action regarding environmental compliance in light of severe water scarcity and urbanization issues.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Coastal Regulation Zone - Environment Protection Act, 1986 - Severe water scarcity in Karnataka's major cities due to erratic rainfall, groundwater depletion, and urbanization - Encroachments on water bodies and violation of environmental norms exacerbating the crisis - Tribunal's power to take suo-motu cognizance recognized by Supreme Court. (Paras 1-7)

(B) Environmental Compliance - The necessity for adherence to environmental norms and the implementation of scheduled enactments is emphasized in light of the ongoing water crisis. (Paras 6-7)

Facts of the case:
The original application arises from a news report highlighting severe water scarcity in Bengaluru, Mangaluru, and Shivamogga, exacerbated by urbanization, industrial growth, and agricultural practices leading to groundwater depletion.

Findings of Court:
The Tribunal recognizes the urgent need for compliance with environmental regulations and the implementation of necessary measures to address the water crisis.

Issues: The main issues include the compliance with environmental norms and the impact of urbanization on water resources.

Ratio Decidendi: The court affirms its authority to take suo-motu action in matters of public interest, particularly concerning environmental compliance and resource management.

Result: Notice issued to respondents for filing their response.

ORDER

1. This original application is registered suo-motu on the basis of the news item titled "Water crisis threatens Bengaluru, Mangaluru and Shivamogga" appearing in NewsKarnataka.com dated 06.04.2024.

2. The matter relates to severe water scarcity in Karnataka's major cities like Bengaluru, Mangaluru and Shivamogga. As per the article, relying entirely on monsoon rains to replenish water reserves has become increasingly precarious due to dwindling and erratic rainfall patterns.

Shivamogga, even though benefitted by a natural drainage system, is also facing looming water scarcity. The article states that the district is experiencing groundwater depletion due to over exploitation for irrigating water intensive crops like areca nut and paddy.

3. The news item further alleges that Shivamogga's rapid urbanization, industrial growth and real estate expansion, exacerbates water consumption. Coupled with inauguration of the airport and the district's emergence as a healthcare and education tourism hub, the development has come at a cost, with Tunga river witnessing reduced water output during failed monsoons in 2023. Similarly, the news item points out the water crisis faced by Mangaluru that relys solely on Netravathi river.

4. The news item alleges that encroachments on vital water bodies along national highways further compound the issue, obstructing underground water channels and exacerbating topsoil erosion, violation of Coastal Regulation Zone (CRZ) aggravates the problem, leading to destruction of wetlands crucial for sustaining river ecosystems and urban water supply.

5. The above matter indicates violation of the Water (Prevention and Control of Polution) Act, 1974, Coastal Regulation Zone and Environment Protection Act , 1986.

6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

7. Power of the Tribunal to take up the matter suo-motu 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 .

8. Hence, we implead the following as respondents:

    (i). Karnataka State Pollution Control Board, through its Member Secretary.
    Parisara Bhavana, No #49, Church Street, Bengaluru-560001 (ii). Central Pollution Control Board, through its Member Secretary. Parivesh Bhawan, East Arjun Nagar, Delhi-110032. (iii). National Coastal Zone Management Authority, through its Chairman, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi-110003.
    (iv). Deputy Commissioner/District Magistrate, Mangaluru, The Deputy Commissioner, Dakshina Kannada, Mangalore-

575001. (v). Deputy Commissioner/District Magistrate, Bengaluru, Kempegowda Road, Behind Kandaya Bhavana, Urban District Bengaluru-560009 (vi). Deputy Commissioner/District Magistrate, Shivamogga, Office, Sir MV Road, Savalanga Road, Shivamogga-577201

9. Issue notice to the respondents for filing there response before the appropriate bench of the Tribunal.

10. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action

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