BENGALURU: The Karnataka High Court has set aside the orders passed by the National Green Tribunal (NGT), Southern Zone, Chennai, holding Madras Engineering Group and Centre (MEG) responsible for contributing to the pollution in Ulsoor Lake; and the ex-parte imposition of an environment compensation worth Rs 2.94 crore. The Group was facing allegations of not complying to the discharge standards for two of the MLD-STPs operated at Ulsoor lake, by the BWSSB.
However, the court did direct MEG to deposit Rs 1 crore with the Karnataka State Pollution Control Board (KSPCB), following the order dated August 21, 2024, passed by the NGT, on the appeal filed by MEG against the ex-parte interim order of imposing environment compensation.
Remitting the matter back to the NGT to decide afresh, the High Court clarified that this order and the directions were passed by the NGT without affording any opportunity of hearing. Thus, breaching the principles of natural justice. The High Court added that it had not gone into, nor has expressed any opinion on the merits of the case. However, Rs 1 crore deposit should remain subject to the outcome of the fresh exercise, and order has to passed afresh by the NGT, the court noted.
A division bench of Chief Justice NV Anjaria and Justice KV Aravind passed the order, while partly allowing the petition filed by the Ministry of Defence, MEG and Garrison Engineer (North), Bengaluru, against the NGT’s orders passed without making them a party to the suo motu proceedings in 2021 and 2022.
These proceedings were initiated based on a 2016 newspaper report titled ‘Lake in the heart of Bengaluru City turns graveyard for fish’.
“A person who is subjected to an inquiry or imposition of some decision should not be left in the dark as to the risk of confronting with adverse finding without any opportunity to put forward his case, raise defence and adduce evidence or produce material before the decision maker. They may be the material evidence or case which would dissuade decision maker from taking one particular view against the another,” the court observed.
KSPCB had issued a notice to the MEG dated July 9, 2024, to pay the compensation as per the NGT order. Failing which, the closure order would be issued under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974.
The MEG filed an appeal against this before the NGT, which passed the interim order staying the notice, subject to the condition that the MEG should deposit Rs 1 crore with the KSPCB.