The High Court of Karnataka has set aside the order of the National Green Tribunal (NGT), which in May 2022, had imposed a penalty of ₹2.94 crore ex parte on Bengaluru-based Madras Engineers Group & Centre (MEG&C), a training facility centre of the Indian Army, for allegedly polluting Ulsoor lake in the city.
The court said the NGT had failed to follow the law of principles of natural justice as no opportunity of hearing was given to the MEG & C, which was not a party in the proceedings on the issue of pollution of Ulsoor lake that was taken up suo motu by the NGT based on a newspaper report, titled “Ulsoor lake turns into fish graveyard” published in the The Hindu on March 8, 2016.
Petition allowed
A division bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind passed the order while partly allowing a petition jointly filed by the Ministry of Defence, MEG & Centre and Garrison Engineer (North), which provides accommodation complexes for MEG & C.
The court remitted the matter back to NGT. South Zone, Chennai, to reconsider the matter afresh on its finding that MEG & C too had contributed to pollution of lake along with a slaughter houses, and the Bangalore Water Supply and Sewerage Board (BWSSB) and imposition of penalty in the form of environmental compensation. Now, the NGT will have to hear the MEG and Centre and pass a fresh order on the issue.
₹ 1 crore deposit
Meanwhile, the court asked the MEG & C to deposit ₹1 crore with Karnataka State Pollution Control Board, subject to the outcome of the fresh consideration before the NGT.
It was contended by the MEG &C that the BWSSB had diverted sewage from various civil areas into storm-water drain flowing through MEG & C and complaints were made to the BWSSB to stop the flow of sewage which was becoming health hazard to the soldiers and other residents in the Centre.
On the finding of NGT that a sewage treatment plant was set up by MEG & C without consent from KSPCB, it was claimed that nowhere it is stated that Army establishments/stations in Karnataka need to take prior consent before operationalising the STPs.
The MEG & C had also contended that water samples were collected from the entry point of the storm-water drain to ascertain the pollution, and it was the BWSSB and others were the main polluters and the MEG & C cannot be pinned with the fault.
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