The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the pollution issues in the Tunga River in Shivamogga, Karnataka.
The Petition is registered suo-moto on the basis of the news item dated 18.06.2024.
As per the article, it was discovered that a sewage drain was flowing into the river, which led to the growth of weeds and a decline in water quality.
The news item highlights that as per experts, untreated sewage is a strong source of nutrients specifically ammonia and phosphate. This is the sole cause of weed formation which has left the river dead. The oxygen level in the river touches zero due to weeds leaving no possibility for aquatic life. It alleges that weeds are acceptable in lakes or still water bodies, but not in flowing rivers. Furthermore, it is the water from this river that also reaches the Matralaya, an auspicious destination where many believers accept this water as a blessing and drink from here directly.
The above matter indicated Bench violation of the provisions of Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“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 , Dr. A. Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
i. Karnataka State Pollution Control Board, through its Member Secretary.
ii. Central Pollution Control Board.
iii. Ministry of Environment, Forest and Climate Change.
iv. Deputy Commissioner, Shivamogga.
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 13.09.2024.