The National Green Tribunal ( NGT) has come down heavily on the government while dismissing its petition to review the order directing the State to deposit ₹500 crore for development of the severely-polluted Bellandur and Varthur lakes.
The government had filed a review petition against NGT’s final order on December 6, 2018. NGT had directed the State to deposit ₹500 crore in an escrow account that would be used to rejuvenate Bellandur, Varthur and Agara lakes while also imposing a penalty of ₹75 crore on the government and the Bruhat Bengaluru Mahanagara Palike (BBMP).
“Upon perusal of the (review petition) application, we find that, in the garb of an application for review, the applicant has questioned the very merit of the findings in the said order,” states the Principal Bench of the green tribunal in its order dated January 30.
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Though the government claimed in its application that multiple steps had been taken to revive the lakes, the NGT said that its directions was passed as “there was utter failure on the part of the State and its authorities in protecting the three lakes and in keeping the rajakaluvas joining the lakes clean and free from encroachments.”
The NGT had taken up a suo motu case after a fire broke out in Bellandur lake in February 2017. In multiple hearings, the principal bench of the tribunal had pulled up the government. NGT had set up a committee, led by senior advocate Raj Panjwani, to look into revival of the lake. The report had pointed to failure of authorities to discharge their statutory responsibilities.
The government’s application had claimed that the direction to put money in an escrow account was beyond the statutory jurisdiction of the NGT while also asking for an open court hearing. Both were dismissed by the NGT.
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Suresh N.R., Director of Namma Bengaluru Foundation which impleaded in the case, called the dismissal of the government’s review petition as ‘reassuring’. “We urge the government to immediately implement the order in word and spirit,” he said in a release.
‘Will appeal’
Mahendra Jain, Additional Chief Secretary (Urban Development Department), said they would appeal against the order in the Supreme court. “The legal opinion is that our petition still has grounds that have not been considered by the NGT. Previous action plans made by the government have not been taken on record by the NGT before coming to their decision,” he said.
Recently, the government had released ₹500 crore, as well as ₹50 crore in penalty, to the BBMP to set up an escrow account.