BENGALURU: Two days after Jollywood studio and entertainment park was sealed for violating environmental rules, the reopening of the premises on the orders of Deputy Chief Minister DK Shivakumar has left Karnataka State Pollution Control Board (KSPCB) officials red-faced.
The premises were sealed by the Tashildar’s office on KSPCB directions, but reopened on Shivakumar’s orders by bypassing the Board’s authority, leaving the latter completely in the dark. The manner in which this drama has unfolded has raised several questions, while leaving many serving and retired officials shocked.
“As per rules, the DCM or the Deputy Commissioner have no authority to act independently. As per the law, the Pollution Control Board (State and Centre) is a statutory autonomous body and should function carefree. Only the courts, including the NGT, can directly question or surpass its directions. There is only one section under which the state government can act, but not directly. It has to issue written directions only to KSPCB, explaining the reason which should be only in the larger public interest, to the KSPCB to act and not directly issue orders,” said former KSPCB chairman HC Sharatchandra.
As per the Water (Prevention and Control of Pollution) Act, 1974 and 1976, Section 18 empowers the Central Pollution Control Board (CPCB) and State Government to issue directions to KSPCB to act. Section 28, makes provisions to the affected party to appeal before the pollution control board authority seeking exemption and time to act accordingly.
Section 29, empowers the state government to call for records and issue directions only to KSPCB to take a relook at its decision and issue orders. Under Section 33(A), the KSPCB can issue orders to stop functioning and issue orders to switch off power supply to a unit that is violating environmental rules.
“As per rules, the KSPCB officials do not seal any premises directly. They issue orders to the Tashildar and the police to act. So opening of the seal, too, cannot be done without KSPCB’s written directions. As per law, the person who has done it is liable for 15 days imprisonment," a KSPCB official explained.
"The interference of the DCM in the operations and functioning of the KSPCB has raised many concerns. This is setting a wrong precedent. As per the environmental laws, the DCM does not have any jurisdiction to act. This is like showing a loophole in the KSPCB operations for violators to get away scot-free,” the official added.
A senior environmental officer said KSPCB had slapped three notices on Jollywood Studio in 2024 and had given sufficient time. The closure orders were issued on October 6 and the place was sealed on October 7.
The energy department had not yet cut power supply, as according to their rules they have to issue a seven-day notice. There is always time between issuing orders and acting on it. But in this case, both closing and opening, have happened before any action was taken, he pointed out.
