BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

Original Application No. 125 of 2017

IN THE MATTEROF :
Court on its own Motion Vs. State of Karnataka

CORAM : HON’BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER

HON’BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON’BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
HON’BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER

Present: Applicant: Mr. Raj Panjwani, Sr. Adv., Mr. Sajan Poovayya, Sr.
Adv. and Mr. Saransh Jain, Adv.
Mr. Raj Kumar, Adv. and Mr. Bhupender Kumar, LA for
CPCB
Mr. Attin Shankar Rastogi and Ms. Neha Rajpal,
Advs. for Ministry of Environment, Forest and
Climate Change
Mr. Rajesh Mahale, Adv., Mr. Vidyasaar, G. IFS,
CEO and Mr. KGV Murthy, Legal Advisor
Mr. Rajesh Rena, Adv. and Mr. Rajinder Singh,
JE of UPSIDC, CD-I Ghaziabad
Mr. Devraj Ashok, Adv. for State of Karnataka
Mr. Sanjay Nulli, mr. P. Ramprasad and Mr. Varun
Gowda, Advs.

Date and Orders of the Tribunal

Remarks
Item No.
09 We have the presence of all the Learned counsel
March 20, appearing for State of Karnataka, Lake Development
2017
Authority of Bangalore, MoEF and Bangalore Municipal

Corporation. The Respondent No. 4 – Bangalore Municipal

Corporation, which is now Bruhat Bengaluru Mahanagara

Palika through its Commissioner, State Pollution Control

Board, Central Pollution Control Board, Bangalore Water

Supply and Sewerage Board, Bangalore Development

Authority, the Learned counsel for intervener who have

been permitted to participate in the proceedings vide order

passed in M.A. No. 232 of 2017.

Mr. Raj Panjwani, Sr. Adv. representing the

intervener draws our attention to the order passed by the

Tribunal on 22nd February, 2017 by which we had

directed, affidavit be filed by the respondents in Original

Application No. 125 of 2017 as per order passed on 04th

May, 2016 requiring compliance of certain directions,

amongst whom Respondent No. 9 and 10 namely Mantri

Techzone Private Limited, Core Mind Software and

Services Private Limited and Bangalore Lake Development

Authority were required to file affidavit for compliance of

the order’s directions contained.

It is submitted at bar by the Learned counsel

representing the Lake Authority that they have already

filed affidavit in compliance to that order, but we notice

that Respondent No. 9 and 10, in Original Application No.

222 of 2014 namely Mantri Techzone Private Limited, Core

Mind Software and Services Private Limited, are not in the

party of array in this case.

The Learned counsel appearing for the State of

Karnataka submits that calling upon them (Respondent

No. 9 and 10) in the case to furnish affidavit reporting

compliance of the order dated 4th May, 2016 will virtually

change the nature and course of this proceeding and as

the issue involved is different from the issue raised in the

said case.

However, we feel that presence of and direction to

them to file the compliance report in this proceeding is

justified, as this proceeding has been initiated suo-moto

for considering the incident that occurred. Thus, a

question may arise as to whether directions issued earlier

have been complied and as to whether non-compliance

has resulted in the incident. Be that as it may. In that

proceeding, the Respondent No. 9 and 10 may not be

directly involved, but compliance of the order will be one of

the material consideration in this proceeding. Hence, we

are of the opinion that we may issue Notice to them to file

the statement about the compliance of the directions

contained in that order and then consider where

Respondent No. 9 and 10 are necessary party. Two weeks

time is granted to comply with the order dated 22nd

February, 2017 as far as the respondents who are duly

served and represented.

We permit filing of the counters within a period of

two weeks from now. If the counters are filed, copy of the

counters may be exchanged with the intervening Applicant

who may file the Rejoinder(s) thereto, within one week.

List it for further proceedings on 12th April, 2017.

...…..…………………………….,JM
(Dr. Jawad Rahim)

...…..…………………………….,JM
(Raghuvendra S. Rathore)

...…..…………………………….,EM
(Bikram Singh Sajwan)

...…..…………………………….,EM
(Ranjan Chatterjee)