Review not applicable to challenge prior statutory environmental compensation orders via Tribunal judgment lacking any such direction; must show patent error on record, not re-argue or substitute appeal remedies.

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. This Review Application has been filed by Trinity Complex Apartment Owners’ Association through its authorised signatory Mr. Soubir Bose, seeking review of Tribunal’s judgment dated 12.03.2021 passed in Original Application (hereinafter referred to as ‘OA’125/2017, Court on its own Motion vs. State of Karnataka.

2. Before dealing with the above applications, we find it appropriate to recapitulate factual matrix in brief.

3. In the electronic and print media, news was published about environmental disaster at Bellandur Lake in Bangalore due to discharge of huge quantity of pollutant around and inside the lake. Bellandur Lake is one of the biggest lakes of the city. The photographs and clippings displayed on the television show that entire lake was on fire emitting highly pollutant gases. The media report published stated that there were thick clouds of smoke which severely hit the traffic and people living around the lake. The pile of garbage around the lake was set on fire and there was total panic. Finding that the above activities are bound to cause adverse impact on the environment, ecology and human health, this Tribunal exercised suo-moto jurisdiction, registered the matter as Suo-Moto Application No. 125/2017 and impleaded following as respondents vide order dated 20.02.2017:

i. State of Karnataka through its Chief Secretary;

ii. Lake Authority of Bangalore;

iii. Ministry of Environment, Forest and Climate Change through its Secretary (hereinafter referred to as ‘MoEF&CC’);

iv. Bangalore Municipal Corporation through its Commissioner/Head of the Department;

v. Karnataka State Pollution Control Board (hereinafter referred to as ‘KSPCB’) through its Member Secretary; and vi. Central Pollution Control Board (hereinafter referred to as ‘CPCB’) through its Member Secretary.

4. Notices were issued to the respondents and they were directed to submit reply.

5. Vide order dated 18.05.2017, Tribunal extended the scope to Agara Lake and Varthur Lake.

6. Tribunal issued following directions on 18.05.2017:

“We further pass the following directions:

1. All the 76 industries which have been served with the Notice of closure, as a matter of fact, should be closed. The Deputy Commissioner and the concerned authorities including authorities supplying water and electricity to these industries are hereby directed to ensure disconnection of water and electricity supply to these industries forthwith. Further the Pollution Control Board shall be provided due Police Assistance to execute the order of the Tribunal. The Board shall exercise its power vested under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 read with Section 5 of the Environment (Protection) Act, 1986 and to seize the industries, if the need arise.

2. The Joint Inspection Team particularly of Bangalore Water Supply and Sewerage Board (BWSSB) and State Pollution Control Board shall jointly inspect all the STPs that have been installed by the Housing Societies and residential complexes and their analysis report be submitted before the Tribunal. The STPs which are not operating, they shall give a time bound programme to bri