The Karnataka High Court in the case Belandur GM Pan,Karyalaya And Government of Karnataka observed and has disposed of a plea filed 25 years ago raising a grievance about certain activities causing pollution in the tank bed area of Bellandur Lake.
The division bench comprising of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi in the case observed and has disposed of a plea filed by Belandur Gram Panchayat Karyalaya and others. It has been stated by the bench that when the plea was filed there were no specific laws dealing with the issues of pollution and environmental damage. Further, the said court is to frame the necessary laws during passage of time the necessary laws have been framed having the provisions to deal with issues of air/water pollution and damage to ecology and environment.
Adding to it, the court stated that the framing of laws includes the mechanism for a proper control of the Ecological balance. It also includes the grievance redressal forum/fora, as well. Therefore, the necessary penal provisions against the wrong doers and the said laws to include the grievance redressal mechanism in the form of certain authorities or tribunal, as the case may be.
The court held in the plea filed in the year 1998 has lost its efficacy.
The said court also took into the consideration a coordinate bench order in other petitions filed in the year 2013, where the grievances were made by the court in respect of some lakes in Bangalore city. The court in its order dated 10.06.2015 stated that in proceedings before National Green Tribunal (NGT) a committee has been appointed by the NGT and certain suggestions were given by way of remedial measures. It has also been stated by the division bench in the backdrop of this fact found that nothing survives for consideration in the plea. The court observed that the said pleas can be disposed of since a committee has been appointed by NGT which is looking into the matter and the court permitted to withdraw these petitions while keeping all questions open.
Accordingly, the court dismissed the said petitions.