1. This application seeks direction to declare distance of 1km from the catchment areas/zones of influence of water bodies ‘Heere-kere’ and ‘Hosa-kere’ in Basavanadurga, Hospete, Vijaynagara District, Karnataka as eco sensitive area and restricting establishment of industries or crushers therein. Further prayer is to shift the industries from the said area set up in violation of sitting guidelines in a phased manner, in accordance with the CPCB Guidelines.
2. The applicant earlier filed O.A No. 13/2020(SZ), Padma Kodali v. State Environment Impact Assessment Authority Environment and Forest Department and Ors. and O.A No. 14/2020(SZ), Padma Kodali v. Karnataka State Pollution Control Board and Ors. with substantially same relief. It was stated that the industries in the area were highly polluting of ‘red’ category such as cement grinding, steel/sponge iron and did not have requisite EC/consents. They was non-compliance with the norms which adversely affected the two water bodies, which were source of irrigation in the area. Pollution was affecting birds like storks and cranes who migrate from distant countries. The pollution also affected peacocks who were in abundance earlier and were now rare. Dust pollution from iron units hurt the eyes of inhabitants. There was increase in respiratory problems. Fertility of agricultural lands was affected. There was land pollution by dumping of iron ore fines, kiln accretions, etc. There was no greenery to arrest the hazardous dust. Drinking water quality was also affected. Aquatic life in the water bodies was damaged. Cattle and sheep had to consume grass topped with hazardous pollution from the industries and drink contaminated water resulting in frequent mortalities of cattle and sheep. Roads were in a dilapidated condition which added to the pollution.
3. The Tribunal constituted a joint Committee of SEIAA and State PCB which gave report dated 22.01.2021. On consideration thereon, the Tribunal found it necessary to direct an independent evaluation about the impact of projects on the water bodies and thereafter to revisit consents/EC, if necessary. The Tribunal also directed demarcation of regulated and prohibited activities as per Wetland Rules and to maintain statutory buffer zone in accordance with the judgement of the Hon’ble Supreme Court in M.K. Balakrishnan & Ors. v. Union of India & Ors. (2017) 7 SCC 805 Operative part of the order is reproduced below:-
“
24. Accordingly, we issue following directions:
i. A joint Committee of MoEF&CC, CPCB, National Wetland Authority, State Wetland Authority, SEIAA Karnataka, State PCB and District Magistrate with the CPCB and the State Wetland Authority being nodal agency for coordination and compliance, may hold a joint meeting within two weeks and undertake visit to the site. The joint Committee may assess the impact of the activities of the PP or any other project in the area with a view to determine steps required to be taken for protection of the wetlands and the environment in both the cases. An action plan may be prepared for demarcation of the wetlands and buffer zones to indicate prohibited and regulated zones and for protection of environment, having regard to the mandate of Water, Air and EP Acts.
ii. The Committee may prepare its report within two months. SEIAA Karnataka and State PCB may revisit the EC/consents in the light of the above report, following due process of law. Parties may act accordingly, subject to their remedies against report of the Committee or the consequential action.
25. The joint Committee/SEIAA/PCB may file their respective reports within three months with the Registrar of the Southern Bench by e-mail. The Registrar may place the matter before the Bench, if any direction is considered necessary. The reports be also placed on their respective websites for information of the stake holders. Any aggrieved party will be at liberty to take remedies against the report or to raise any surviving grievances independently.”
4. The joint Committee filed its report to this Tribunal in May, 2022. The applicant has annexed the same to the application. Perusal of the report shows that the joint Committee visited the site on 24-25th March, 2022, heard the villagers and examined the two industries in the vicinity of the wetland - M/s Sree Sai Industries and Sai Vijay Pragati Steel Udyog Private Limited. The Committee concluded that measures were required to be taken by the two industries. Relevant extracts from the report are reproduced below:-
“5. DELIBERATIONS OF THE COMMITTEE
The Joint Committee has deliberated on the following directions of Hon'ble NGT:
5.1 The joint Committee may assess the impact of the activities of the PP or any other project in the area with a view to determine steps required to be taken for protection of the wetlands and the environment in both the cases.
The Joint Committee examined the two operating industries in detail that are in the vicinity of the wetland.
5.1.1 About M/s Sree Sai Industries —Project Proponent
M/s Sree Sai industries located at Sy no 36-C1, 36-C2, Haruvanahalli Village, Mariyammanahalli Hobli, Hospete, Ballari established with an extent of 6.21 Acres of land allotted by KIADB vide letter no. KIADB/HO/Allot/SUC-22926/2812/2020-21 dated 22.07.2020. The industry obtained Consent to Establish vide Consent Order No. CTE-315040 dated 26/09/2019 followed by Consent to Operate vide Consent Order No. AW-322582 dated 30/12/2020 with validity up to 30/09/2030. The Consent to Operate stipulates additional conditions that the unit shall apply CFE expansion from the Board before establishing Cement Grinding unit for which they have obtained Environment Clearance vide No. SEIAA 34 IND 2019 and the applicant shall obey to the final judgement in Hon'ble NGT order in 0.A No. 13/2020(SZ).
The industry is involved in manufacturing Ground Granulated Blast Furnace Slag (GGBS) with installed capacity of 20000 TPA. The raw material is slag generated from Steel industries namely, M/s SLR Industries and 1%/s Kalyani Steel. The process involves solar drying of slag (15 % moisture) to remove moisture, grinding of slag (< 44 microns) in Ball mill and sieving to get uniform sized particles. The oversized particles are collected in the separator and again sent to ball mill for grinding. The final product is pneumatically transferred to silos (closed vertical storage facility), loaded into tanker lorry and sent to the Ready-Mix Concrete (RMC) plants for using in place of sand. The Operational Capacity of the industry with Ball mill, Separator and Silos is 80 Tonnes/day. The process is batch and operates for about 20 hrs/day. The photographs of the industry taken during the joint committee visit is given as Figure 4.
As per Consent to Operate dated 30/12/2020 water consumption for gardening and dust suppression is stipulated as 2 KLD. The conveyor belt for transfer of material is to be provided with hood cover and green belt near raw silos are stipulated as per consent. The GGBS unit does not require Environmental Clearance as per EIA notification 2006. However, the project authorities have taken EC from SEIAA, Karnataka vide letter No. SEIAA 34 IND 2019 dated 11.12.2019 for the cement grinding unit with a total capacity of 60000 TPA. As stated by the proponent the cement grinding unit is yet to be established.
The Noise and dust pollution are pollution expected from this activity. Regional Officer, KSPCB, Bellary has informed to conduct Noise Pollution monitoring and Ambient Air Quality monitoring within 15 days as the industries were not in operation. The sources of pollution and the measures to control the same are given Table 1.
Table 1. Sources of pollution and the control measures in M/s Sree Sai industries
|
S |
Sources |
Measures to be taken |
|
1 |
Dust pollution from the unloading of raw material slag from steel plants [dust expected in less quantity since it is reported that raw material contains about 15 % moisture] |
As
a short-term measur4; the unloading urea and drying yard should be covered
with wind barriers of at least 15 ft height. |
|
2 |
Drying of raw material in open yard to remove moisture content |
[should always be 1 m less than the height of the barrier] |
|
3 |
Dust and Noise pollution from grinding activity |
PP shall carry out measures such as proper maintenance of Machinery so as to reduce the noise level. |
|
PP
should provide and ensure the usage of personal protective devices i.e.,
earmuffs, ear plugs etc. by workers to protect them |
||
|
4 |
Storm water with high turbidity from the raw material drying / storage yard |
The storm water from the open yard shall be collected, passed through silt trap and cleat water can be reused for plantation. |
5.1.2 Sai Vijay Pragati Steel Udyog Private Limited
M/s Sai Vijay Pragati Steel Udyog Private Limited located in Sy No 34/4C, 37/A and 37/B, Haruvanahalli village, Hospet Taluk, Ballari established with an extent of 9.81 Acres of land. The industry has obtained Combined Consent for discharge of effluents under the Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Prevention and Control of Pollution) Act, 1981 vide Consent Order No AW-327109 dated 28/09/2021 with validity till 30/06/2026. The industry manufactures Sponge Iron of 30,000 MTP A45) TPD X 2 kilns) and Dolochar (by-product) of 6,750 TPA.
The unit was operating during the joint committee visit on 25.03.2022. On the day of inspection only Kiln 1 (50 TPD) was operational. The industry is involved in manufacturing of sponge iron by beneficiation of iron ore, coal and dolomite in Rotary kiln furnace at 1100 °C. The beneficiated form of ore is cooled using cooler with water consumption at 10 KLD. The process is continuous with generation of dolochar and charcoal as by products. Emissions from the Rotary kilns are connected to Bag Filter followed by ESP. The industry has developed green belt to an extent of 3 acres.
Sponge iron making is a process in which iron ore lumps (typically 5inm-18mm size) are tumbled with a `select' grade of iron-coking coal little dolomite inside an inclined rotary kiln and control combusted in the presence of air for about 12 hours before the products are air cooled, magnetically separated, screened and size wise in finished product bunkers prior to dispatch.
The quantity of iron ore and coal stored in the industry was 21293.39 MT. Approximately 22.5 MT and 10 MT of dolochar and charcoal are generated per day. The industry has storage capacity of 4000 MT and 6000 MT of Coal and Iron ore respectively. It was informed that about 40,000 MT of generated iron ore fines are stocked in the industry premises during the joint committee visit. The continuous ambient air quality data was found to be within the permissible limits notified under the Environment (Protection) Act, 1986 and the same is provided as Annexure III.
Table 2. Sources of pollution and the control measures in M/s Sai Vijay Pragati Steel Udyog Private Limited
|
S No |
Sources |
Measures to be taken |
|
I. |
Dust
pollution from storage of raw materials - There is huge heaps of
iron ore fines (about 40,(l111) M'I' of iron ore fines) was
found stored towards north side of the unit. |
The
unit should provide proper wind barrier along the compound wall near
the material storage. |
|
2. |
Dust
pollution due to spillages and accumulation of materials along the
conveyor & transfer points. majority of the project area is under the material storage [raw material/product, by- product] |
The
unit should take necessary action / corrective measures for
prevention of spillages from the conveyor and junction houses within two
months. shall
be removed within two months. |
|
3. |
Fugitive emission from process area and storage of fines (iron ore fines and do lochar) |
The
unit shall improve water sprinkling system/ frequency. |
|
4. |
Storm water with high turbidity from the raw material storage / process area |
The
unit shouldprovide proper drains for collection of
storm water/ excess water from sprinkling. The collected water
shall be passed through silt trap and clear water can be reused for
plantation/ dust control etc. |
|
5. |
Operation of pollution control measures |
The unit shall ensure connectivity of continuous Stack emission monitoring system to the PCB servers. The data should be displayed at the Gate. |
5.1.3 Lake Water Quality Analysis: It was observed that there are no industrial effluent generation and discharge from the existing industrial units. However, to encounter the possibility of any contamination of lake water, samples were collected at Six locations on 11.02.2022 and analyzed by KSPCB. The analysis results are shown as Table 3 & 4 below.
Table 3. Water Quality Analysis results of Here kere, Hospete
|
Parameters |
Sample 1 |
Sample 2 |
Sample 3 |
Sample 4 |
|
pH |
7.6 |
7.9 |
8.1 |
7.7 |
|
BOD at 27°C |
3.1 |
2.7 |
2.5 |
3.3 |
|
Free NH3 |
0.01 |
0.02 |
0.01 |
0.02 |
|
Conductivity |
561 |
542 |
548 |
557 |
|
SAR |
2.7 |
3.1 |
3.2 |
2.5 |
|
B |
0.11 |
0.068 |
0.084 |
0.12 |
|
Fe |
0.11 |
0.08 |
0.13 |
0.11 |
|
F |
0.4 |
0.2 |
0.3 |
0.4 |
|
NO3 |
1.1 |
0.85 |
1.2 |
1.4 . |
|
NO2 |
BDL |
BDL |
BDL |
BDL |
|
SO4 |
16 |
21 |
15 |
24 |
|
O&G |
BDL |
BDL |
BDL |
BDL |
|
P |
0.006 |
0.008 |
0.005 |
0.007 |
Table 4. Water Quality Analysis results of Hosa kere, Hospete
|
Parameters |
Sample I |
Sample 2 |
|
pH |
8.1 |
7.9 |
|
BOD at 27°C |
3.2 |
3.5 |
|
Free NH3 |
0.01 |
0.02 |
|
Conductivity |
426 |
410 |
|
SAR |
2.3 |
2.2 |
|
B |
0.062 |
0.053 |
|
Fe |
0.06 |
0.05 |
|
F |
0.2 |
0.2 |
|
NO3 |
0.74 |
0.71 |
|
NO2 |
BDL |
BDL |
|
SO4 |
11 |
10 |
|
O&G |
BDL |
BDL |
|
P |
0.007 |
0.005 |
The following are the findings of the analysis report;
i. It was observed that there was no contamination of lake water or dumping of wastes on the lake side.
ii. The above tables reveal that the water quality of lakes is falling under the classification D of the Best Use Criteria of CPCB.
The analysis results of the water quality of Gollarahalli lake is provided as Annexure IV.
5.1.4 Ambient Air Quality Monitoring:- Karnataka SPCB carried out Ambient Air Quality
M o n i t o r i n g a n d N o i s e l e v e l m o n i t o r i n g i n t h e i n d u s t r i a l p r e m i s e s o f M/s Sree Sai industries and M/s Sai Vijay Pragati Steel Udyog Private Limited, Bellary and the results were found to be within the permissible limits notified under the Environment (Protection) Act, 1986 and the same is provided as Annexure V.
5.2 An action plan may be prepared for demarcation of the wetlands and buffer zones to indicate prohibited and regulated zones and for protection of environment, having regard to the mandate of Water, Air and EP Acts.
Undertake comprehensive review of compliance status of wetlands Rules.
The Ministry of Environment Forest and Climate Change (MoEF&CC) has notified the Wetlands (Conservation and Management) Rules, 2017 (hereinafter Wetlands Rules) under the provisions of the Environment (Protection) Act, 1986 as regulatory framework for conservation and management of wetlands in India. Under these rules, the State Governments/Union Territories have been delegated with the powers to notify wetland and prepare a brief document for each of the wetland for regulation under these Rules, within a period of one year from the date of publication.
Hon'ble Supreme Court vide Order dated 04.10.2017 in W.P. (C) No. 230 of 2001 has inter-alia, directed that, "We make it clear and reiterate that in terms of our order dated 8th February, 2017, 2,01,503 wetlands that have been mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation and Management) Rules, 2010. Hence, the following activities listed in the Rule 4 of Wetlands Rules, 2017 are prohibited in the Here Kere lake:
i. Conversion for non-wetland uses including encroachment of any kind;
ii. Setting up of any industry and expansion of existing industries;
iii. Manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016;
iv. Hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
v. Solid waste dumping;
vi. Discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
vii. Any construction of a permanent nature except for boat jetties within fifty meters from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules; and
viii. Poaching.
It was noted that area of wetland greater than 2.25 hectare is categorized as 'wetlands of international importance' under the Ramsar Convention. The Gollarahalli Lake is greater than 2.25 ha [According to the Panchayat Raj, Sub- Division, Hospet, the total area of the lake is estimated as 88 Acres] and hence will come under the purview of Wetlands (Conservation and Management) Rules, 2017.
As per the Rules, the SWA shall prepare a brief document for each of the wetland identified for notification, providing: -
(a) demarcation of wetland boundary supported by accurate digital maps with coordinates and validated by ground truthing;
(b) demarcation of its zone of influence and land use and land cover thereof indicated in a digital map;
ecological character description;
(d) account of pre-existing rights and privileges;
(e) list of site-specific activities to be permitted within the wetland and its zone of influence;
(f) list of site specific activities to be regulated within the wetland and its zone of influence; and
(g) modalities for enforcement of regulation; Based on the brief document, the State Wetland Authority shall make recommendations to the State Government for notifying the wetlands.
The delineation of the boundary should be such that during a normal monsoon year, the entire area is inundated for at least 15 days, or the soil is saturated roughly within one foot from the surface. For each wetland and wetlands complex, a map should be prepared using a Geographical Information System in 1:4000 scale for wetland less than 100 ha.
The rules prohibits conversion for non-wetland uses including encroachment of 4ny kind; setting up of any industry and expansion of existing industries; manufacture or handling or storage or disposal of wastes, discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements and any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules.
5.2.1 Compliance Status of Wetlands Rules: The lake has not been notified under the Wetlands Rules, thus boundary and the zone of influence have not been demarcated. However, it is reported that a buffer of 30 m is being followed for water bodies including Gollarahalli Lake and no developments are permitted in buffer area.
Further, as per the Rule 4 of the Wetlands (Conservation and Management Rules), 2017, the activities namely, encroachment of any kind, manufacture or handling or storage or disposal of construction and demolition waste, hazardous substances, solid waste dumping, hazardous wastes, electronic waste, discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements etc. were not observed in the site.
5.2.2 Action plan to demarcate wetland and protection of Environment: The Delineation and notification of wetlands etc. is assigned to the SWA under these Rules and it needs manpower, technical support and time. However, taking into consideration of Hon'ble NGT, delineating boundary of the lake based on the high flood level was carried out. As per the Guidelines for implementing Wetlands (Conservation and Management) Rules, 2017, "Wetlands boundary can be derived as the outer envelope of the maximum area under inundation, the area covered by hydrophytes, or saturation of soil near the surface during a normal monsoon year. The boundary should be such that during a normal monsoon year, the entire area is inundated for at least 15 days, or the soil is saturated roughly within one foot from the surface. the delineation of the boundary should be such that during a normal monsoon year, the entire area is inundated for at least 15 days, or the soil is saturated roughly within one foot from the surface.
To delineate the boundary, i.e. area under inundation, Panchayat, Subdivision Hospet has carried out a Survey as shown in Fig 7 () &
(i) and assessed the High flood level for the lake and the same has been marked on the Google imagery. According to their survey, the compound wall of M/s Sree Sai industries is located about 120 m from the High Flood Level.
M/s Sree Sai Industry has produced a survey map, prepared and signed by Taluk Surveyor, Hospet on the high flood level of the lake. According to the survey, 175 in is the distance of compound wall of M/s Sree Sai industries from the High Flood Level.
In addition, the Joint Committee referred the high flood level available on Google earth Imagery. During the past ten years, High flood levels were noted in October, 2017 and December, 2020.
According to these imageries, the minimum distance between compound wall of Mis Sree Sai industries to mean High Flood Level was observed as 75 m during October, 2017 and 23 m during the December, 2020. According to the Survey by Taluk Surveyor, Hóspet and by Panchayat Raj Engineering Subdivision, Hospet, the distance varies from 120 m to 175 m.
The Joint Committee felt that it would be appropriate to take the maximum level of High flood'as ' boundary for the lake.
And as per Rule 4 (vi) "any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules."
It is noted that there is no information available with Panchayat Raj Department, Hospet on Mean High Flood Level for past ten yea,rs. In the absence of data on mean high flood level, the Committee felt that it would be appropriate to take the maximum High flood level [occurred in Dec, 2020] as boundary till proper delineation is done by State Wetland Authority. 50 m from this I-IFL shall be considered as zone of influence / buffer for the regulation of the developments as per the Wetland Rules. In this case, corner portion of M/s Sree Sai Industries about 27 m from the wall as shown in the following Figure 10 shall be maintained as buffer. M/s Sree Sai Industries should not carry out any construction in this area except green belt development till the wetland is delineated and notified by the SWA/State Government.
6.0 CONCLUSION AND RECOMMENDATIONS
The Joint Committee examined two industries viz., M/s Sree Sai industries (Project Proponent) and M/s Sai Vijay Pragati Steel Udyog Pvt. Ltd., Hospete located in the vicinity of Gollarahalli lake. The water samples of Here Kere and Hosa Kere were analysed by KSPCB!The water quality of lakes is falling under the classification D of the Best Use Criteria of CPCB. It was observed that there was no contamination of lake water or dumping of wastes on the lake side. Karnataka SPCB also carried out Continuous Ambient Air Quality Monitoring and Noise level monitoring in the industrial premises of M/s Sree Sai industrie,s and M/s Sai Vijay Pragati Steel Udyog Private Limited, Bellary and the results were found to be within the permissible limits notified under the Environment (Protection) Act, 1986.
Further, as per the Rule 4 of the Wetlands (Conservation and Management Rules), 2017, the activities namely, encroachment of any kind, manufacture or handling or storage or disposal of construction and demolition waste, hazardous substances, solid waste dumping, hazardous wastes, electronic waste, discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements etc. were not observed in the site.
However, the measures and actions suggested for the industries located in the vicinity of the Gollarahalli lake to be taken up in a time bound manner. An action plan for regulating the impact of activities in the zone of influence to be prepared by the individual industries and its implementation be ensured by Karnataka State Pollution Control Board (KSPCB).
6.1 Steps to be taken for the protection of Environment and wetland by M/s Sree Sai Industries
a) As a short-term measure, Project Proponent (PP) should provide wind barrier of least 15 ft height all around the unloading area and drying yard.
b) PP should restrict the maximum height of storage of materials belbw 12 in [should always be 1 m less than the height of the barrier]
c) As long-term measures, carry out plantation of at least three rows of tall growing / thick foliage tree saplings all along the compound wall.
d) PP should carry out proper maintenance of machinery so as to reduce the noise level.
e) PP should provide and ensure the usage of personal protective devices i.e., earmuffs, ear plugs etc. by workers.
f) PP should collect the storm water from the open yard, pass through silt trap and use the clear water for plantation.
6.2 Steps to be taken for the protection of Environment and wetland by M/s Sai Vijay Pragati Steels Pvt Ltd.
a) The unit should provide proper wind barrier along the compound wall near the material storage.
b) The unit should reduce the height of storage, the maximum height of storage of materials shall always 1 m less than the height of the wind barrier
c) As long-term measures, carry out plantation of at least three rows of tall growing / thick foliage tree saplings all along the compound wall.
d) The unit should provide fixed/ permanent water sprinkling arrangement / canon at the storage areas.
e) The unit should take necessary action / corrective measures for prevention of spillages from the conveyor and junction houses within two months.
f) The unit should remove all the accumulated dust materials due to spillage within two months.
g) The unit should take measures to arrest the leakages from the existing conveyor belts.
h) The unit should explore the possibility of replacing existing conveyor to closed conveyor system.
i) The unit should reduce the quantity of storage at the site.
j) The unit should improve water sprinkling system/ frequency.
k) The unit should carryout fugitive emission monitoring every month and submit report to KSPCB.
I) The unit should conduct ambient air quality monitoring at downwind direction of the project once in three months and submit report to KSPCB. The location shall be finalized in consultation with KSPCB.
6.3 Protection of Wetland
The State Wetland Authority / State Government to expedite the notification of Gollarahalli Lake as per the Wetland Rules.
Till then, the maximum I1FL occurred during December, 2020 shall he considered as boundary and 50 m from this HFL shall be considered as zone of influence / buffer for the regulation of the developments as per the Wetland Rules.
Till the wetland is notified, the State Wetland Authority / District Administration shall ensure that the portion of M/s Sree Sai industries which falls under the zone of influence [Fig 9 above] shall be maintained as buffer. M/s Sree Sai Industries should be instructed not carry out any not to carry out any activity/ operations / construction in the area (about 27 m distance from the compound wall to be maintained as a buffer for wetland i.e. Gollarahalli lake) except green belt development till the notification of Wetland.
The State Wetland Authority / State Government to take necessary steps to notify the Gollarahalli Lake as per the Wetland (Conservation and Management) Rules, 2017. The joint committee, therefore, recommends the development may be planned in order to ensure 50 metres distance may be demarcated from the wetland by the State Government and concerned authorities in the state. The activities to be regulated as per the Wetland (Conservation and Management) Rules, 2017, after notification of the Wetland in the area. In compliance to the above said order of Hon'ble NGT, the State Government/SWA and the District Magistrates to ensure that the wetlands are covered in the District Environment Plan and take all requisite actions as per the said order, in general and Here Kere lake, in particular. Also, the committee recommends to provide thick foliage of green belt for about 50 metres within the boundary of M/s Sree Sai Industries (falling under the zone of influence) to ensure that demarcation is protected.
In compliance to the Hon'ble NGT Order dated 10.01.2022, KSPCB and SEIAA to revisit the Consent and Environmental Clearance conditions in ,the light of the Wetland Rules, 2017, the directions of Hon'ble Supreme Court and the order dated 25.11.2021 of Hon'ble NGT in O.A. No. 351/2019, Raja Muzaffar Bhat vs. State of Jammu & Kashmir & Ors.”
5. We have heard the applicant in person, ignoring the technicality of procedure that instead of filing a separate application, remedy of the applicant was to file objections to the report. Objection of the applicant is that the steps suggested are inadequate to meet the need for environmental compliances and only remedy is to close the said industries.
6. We are unable to accept the submission of the applicant but we direct that apart from taking the steps suggested, there is need for further surveillance and monitoring. Compliance status may be duly verified by the same joint Committee within one month and further report about status of compliance be filed with the Registrar General, NGT within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If any further direction is found necessary, the matter be placed before the Bench.
Subject to above, the application will stand disposed of.
A copy of this order be forwarded to CPCB, MoEF&CC, National Wetland Committee, State Wetland Authority, SEIAA Karnataka, State PCB and District Magistrate, Vijayanagar District, Karnataka by email for compliance.
