BENGALURU: This officer doesn’t know A B C of the environment law but still he is Environment Officer... How Pollution Control Board washed its hands of shifting its responsibility on another agency? Are police officers helpless? These are scathing remarks made orally by the Karnataka High Court on Monday, while pointing out both ignorance and inaction on the part of state government and Environment Officer of the Karnataka State Pollution Control Board (KSPCB) to take steps to regulate noise pollution because of illegal use of loudspeakers at a prayer hall in Vijayanagar police limits.
Pointing at the affidavit filed by KSPCB, the bench said the Environment Officer has been designated as Regional Officer to set criminal law into motion for noise pollution and action must be initiated immediately. “The state says KSPCB has to take action, but KSPCB says State has to do that,” the bench said.
Referring to disobedience shown by not acting against violators as per the order passed by the court on February 28, the bench observed that the KSPCB Chairman committed gross breach and the Environment Officer relied upon Section 15 of Environment (Protection) Act, which delegates power to the state to issue directions.
The Environment Officer is redesignated as Regional Officer under Section 15 of the Act to initiate criminal proceedings. However, he pleaded his inability to prosecute offenders, the bench noted.
“Before we initiate contempt proceedings, the KSPCB Chairman should explain default on his part and comply with the order,” it said, while there was no explanation from the state on the licence purportedly issued in perpetuity by a police inspector to use loudspeakers.
The petitioner, Sumangala A Swamy, an advocate, submitted that even today loudspeakers are being used illegally. The bench gave a week for both KSPCB and state to comply with the orders. The hearing was adjourned to December 9, 2020.