Necessary Laws Framed With Passage Of Time: Karnataka High Court Disposes 25 Yrs Old Plea Against Pollution Of Bellandur Lake

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi disposed of the petition filed by Belandur Gram Panchayat Karyalaya and others.

The bench said “Admittedly when the petition was filed there were no specific laws dealing with the issues of pollution and environmental damage. Further admittedly 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.”

It added “The framing of law includes the mechanism for a proper control of the Ecological balance. It also includes the grievance redressal forum/fora, as well. The necessary penal provisions against the wrong doers. These laws also include the grievance redressal mechanism in the form of certain authorities or tribunal, as the case may be.”

In view of the above it held that the petition filed in the year 1998 has lost its efficacy.

The court also took into account a coordinate bench order in other petitions filed in the year 2013, where the grievances were made in respect of some lakes in Bangalore city. In its order dated June 10, 2015, the court had observed that in proceedings before National Green Tribunal (NGT) the NGT appointed a committee, certain suggestions were given by way of remedial measures.

The division bench in the backdrop of this fact found that nothing survives for consideration in the petition. It observed “We feel that these petitions can be disposed of since a committee has been appointed by NGT which is looking into the matter, permitted to withdraw these petitions keeping all questions open.”

Following which it said “For the reasons stated above the petitions are dismissed.”

Case Title: Belandur GM Pan,Karyalaya And Government of Karnataka

Case No: Wp 13473/1998

Citation: 2023 LiveLaw (Kar) 91

Date of order: 03-03-2023