The KSPCB has served an environmental compensation (EC) demand notice to a builder in the city to pay Rs 46,12,500 towards the compensation.
“The Environment Compensation works out to be Rs 28,125 per day of violation which you are required to pay for further period from October 7, 2022 until the Nala buffer is completely cleared off all the construction. Hence, you are hereby directed to pay the EC of Rs 46,12,500 forthwith in the form of Demand Draft drawn in favour of Member Secretary KSPCB, payable at Bengaluru,’’ said the KSPCB Member Secretary in a notice issued on October 14.
The EC notice was issued as per the National Green Tribunal, Southern Zone, Chennai to Giri Babu GK and Mithun Gowda K of Venkateshwara Builders, Balaji Layout, Kaggadasapura in CV Raman Nagar. The EC was imposed for non-compliance under the provisions of Water (Prevention and Control of Pollution) Act, 1974.
It is stated that KSPCB Jurisdictional Regional Officer (Mahadevapura), based on a complaint by Paramesh V, inspected SV Elegant, a residential complex, situated at Survey No. 2/1 of Kumbena Agrahara village of Bidarahalli Hobli in Bengaluru East Taluk on April 27, 2022. The KSPCB officer, during the inspection, observed the construction of a swimming pool, water closet and bath rooms taking place within a 15-metre nala buffer zone earmarked towards the eastern side of the apartment.
“The Regional Office, Mahadevapura issued a notice to you vide No. 193, dated 17.05.2022, directing to stop the above said construction taken up in nala buffer and remove the already constructed structure. However, you have neither responded to the notice nor submitted a compliance report,’’ the KSPCB Member Secretary said in the notice to the builders.
Bangalore Mirror published a story – Who’s keeping an eye? – on September 30 narrating how the builder demolished his own work in Mahadevapura zone after realising violation of building bylaws.
According to the document available with Bangalore Mirror, the National Green Tribunal, Southern Zone, hearing the petition on September 19, 2022, observed that the Pollution Control Board which should have stepped in to see these violations even before the matter is brought to its (NGT) knowledge, has not filed any report till September 19 despite being granted sufficient time. “Last opportunity is given to the Pollution Control Board to file a detailed report in this regard including the assessment of Environmental Compensation payable by the 8th respondent before the next date of hearing after furnishing the copies of the same to the other learned counsels,’’ the NGT Southern Zone said in a order passed on September 19, 2022.
Meanwhile, Paramesh V, the complainant, demanded that the KSPCB impose the Environment Compensation from the date of construction of swimming pool, bathrooms and water closet in violation of the buffer zone norms. “It is the responsibility of the KSPCB authorities to conduct surprise inspections on apartment complexes constructed in violation of buffer zone norms. It will be difficult for a common man or a social activist to approach the NGT whenever he comes across violation of buffer zone norms,’’ said Paramesh.
Brunda AS, advocate for Paramesh, said the officers have undertaken the inspection only after the case was filed. “They should have taken a suo moto case. The compensation/penalty imposed on the builder by the environment officer is just an eyewash. The authorities have calculated the penalty from the date of inspection but it should be from the date of the acquiring/receiving the occupancy certificate by the builder as the violation was made by the builder from the date of the receiving the occupancy certificate,’’ said Brunda.
