 filed seeking direction to the respondents to consider the representation pertaining to establishment of Sewage Treatment Plant (STP) at Koorgalli Village, Ilavala Hobli,Mysuru Taluk.){kind=link}
The Karnataka High Court has dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondents to consider the representation pertaining to establishment of Sewage Treatment Plant (STP) at Koorgalli Village, Ilavala Hobli, Mysuru Taluk.
The grievance of the petitioners is that STP is being set up in Koorgalli Village. It is further pleaded that, on account of STP Plant, the water of the lake shall be contaminated and there is a possibility of water-borne diseases and environmental changes which will affect the health of the villagers.
Chadrakanth R. Goulay, counsel for the petitioners, while inviting the attention of the Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty to order dated07.04.2021 submitted that Koorgalli Gram Panchayat and Mysuru UrbanDevelopment Authority cannot be permitted to set up STP on the lake. The Court’s attention has also been invited to orders dated 07.04.2021 and 19.08.2021 and it has been contended that STP is being constructed by the Authority on a part of the lake of Koorgalli Village. It is therefore submitted that the Authority be directed to shift STP on an adjacent area of 30 guntas made available to it outside the lake.
On the other hand, the counsel for the Authority submitted that the Karnataka Industrial Area Development Board has allotted 30 guntas of land on07.06.2022 to the Authority and the Authority has paid a sum of Rs.33,75,286 to the Board. It is further submitted that the aforesaid area has been acquired to provide for an additional lake area. It is also urged that 70% of the work of construction of STP is complete. While pointing out a photograph, it is submitted that STP is situated in a corner and away from the lake area.
The Court has considered the rival submissions made on both sides. It is observed by the Court that the Authority with a view to provide for a basic amenity of underground drainage system to the villagers, decided to construct an STP and the same was included in the action plan of 2014-15. The State Government by an order dated 07.09.2015 accorded administrative approval for construction of STP at Koorgalli Village at the cost of Rs 2 crore.
On inspection, it was decided to construct STP on land measuring 12 guntas, out of a total area of 22 acres and 20 guntas. The construction of the work of STP began in September 2020. As per the averments made in the counter affidavit filed on behalf of the Authority, 70% of the work of STP is complete.
It has also been averred in the counter affidavit that the Board has constructed a road which is 30 metres in width which bifurcates the original tank area. In addition to the aforesaid road, one more road further bifurcates the tank into four parts. The STP is being constructed beyond 18 metres of road. Thus,the STP is not being constructed on the area of the lake. It is averred in the statement of objections that STP is situated at a distance of 13 metres away from existing water body.
Therefore, the Bench observed that the project of construction of STP has been undertaken in public interest. The project has been envisaged to provide basic facilities to villagers and to prevent pollution of the lake and the surrounding area. It is also mentioned by the Court that has undertaken by the Authority, it will provide additional lake area on land measuring 30 guntas which has been allotted to it on 08.07.2022. “The project in question has been undertaken in public interest.”