Will you appoint officer to probe KSPCB functioning or not, High Court asks State

BENGALURU: Nothing moves in the Karnataka State Pollution Control Board (KSPCB) unless the court passes an order, observed the Karnataka High Court on Wednesday expressing concern over its functioning.It directed the state government to inform whether it is willing to direct a senior civil servant to hold inquiry into the manner in which the Board is functioning. A division bench of Chief Justice Abhay Shreeniwas Oka and Justice S Vishwajith Shetty passed the order during the hearing of a public interest litigation filed by Karnataka State Legal Services Authority.

The bench observed that the KSPCB, which came into existence in 1974, has to act as a watchdog for all kinds of pollution such as air, water and noise. But it is not aware of the Central government’s notification issued in 1987 to authorise regional environment officers to register complaints for the offences punishable under the provisions of the Environment Protection Act and Air and Water (Prevention of Pollution) Acts, it said.

Taking note of the fact that the KSPCB Issued notification in this regard only after the bench passed the order till October 20, the court said that the KSPCB was not aware of the Central government’s notification all these years. Therefore, in many cases, the accused were either discharged or acquitted, the bench added.

At the same time, the bench pointed out the Board’s negligence in relation to non-implementation of the Solid Waste Management Rules, 2016 and the Construction and Demolition Waste Rules, 2016 by the Mangaluru City Corporation (MCC).

“Due to illegal dumping of all categories of wastes by MCC, a large number of citizens are affected and livelihoods are lost. The incident took place on Aug. 17, 2019. The KSPCB has not taken action even today for violation of the Environment Protection of Act and Water (Prevention and Control of Pollution) Act,” the bench noted about the tragedy at Pachanadi in Mangaluru due to the collapse of solid waste on the houses from the dumping site.The bench also observed that the Managing Director of Smart City Mission (Commissioner of MCC) should understand the elementary fact that no city will become smart unless Solid Waste Management Rules, 2016, are implemented.

‘It’s like seeking court’s seal on illegal dumping’
On the improper road map submitted by the BBMP in relation to solid waste management, the bench observed that it is like seeking the court’s seal on the illegal dumping of garbage. The bench adjourned a batch of PILs in relation to garbage management in Bengaluru to December 7 as the BBMP counsel sought time to submit a proper road map with year-wise estimation of generation of garbage and steps to be taken to dispose it scientifically.