The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to Karnataka being one of the three worst performing states in spending the money allocated by the central government for air clean up.
The Petition is registered suo-moto on the basis of the news item dated 20.07.2024.
The news item alleges that Bengaluru is the worst performer among 25 cities when it comes to utilize the money provided under the National Clean Air Programme (NCAP).
The news item alleges that despite four of its prominent cities receiving money to improve their air quality under NCAP, Karnataka’s performance is dismal. The other three cities being Davanagere, Gulbarga and Hubli-Dharwad. Bengaluru spent 13 per cent of the money received in the last four fiscal years, as per a report by Central Pollution Control Board.
The news item cites a report prepared by the Centre for Science and Environment, which states that cities spent over 6 per cent of funds on road dust mitigation, leaving little money for controlling emissions from combustion sources such as industries, vehicles and biomass burning. Over Rs 10,566 crore has been released for 131 cities but just about Rs 6,806 crore (64%) has been spent in road dust mitigation. In comparison curbing of industrial pollution gets 0.61 per cent while reduction of vehicular pollution and biomass burning get 12.63 per cent and 14.51 per cent respectively.
The news item raises substantial issue relating to compliance of provisions of Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
1. The Central Pollution Control Board.
2. Karnataka Pollution Control Board, Through its Member Secretary.
3. Ministry of Environment and Forest.
4. State of Karnataka through Secretary (Environment).
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 03.09.2024.