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NGT proceedings on Bellandur lake to continue as SC vacates High Court stay order

  • The High Court had stayed the NGT order to shut down factories for discharging effluents causing fire in the lake
  • But Shashi Distilleries had approached the High Court against it and brought a stay order on it
  • However, the NBF appealed against it in the Apex Court which stayed the HC order and also vacated it
NGT proceedings on Bellandur lake to continue as SC vacates High Court stay order

Expressing its distress over the Karnataka High Court stay order on the suo motu proceedings by the National Green Tribunal (NGT) on pollution in Bellandur, the Supreme Court has further stayed the High Court stay order and vacated it to allow the proceedings in NGT.

Taking suo motu note of the fire in Bellandur lake caused by the factories surrounding the lake, the NGT had ordered to shut down these factories with immediate effect on April 19, 2017. Following this, the Karnataka State Pollution Control Board (KSPCB) had asked the factories to follow the orders on May 12, 2017. But questioning the order, Shashi Distilleries in Hulimavu had approached the High court. Its contention was that the NGT Delhi had no jurisdiction to hear matters about Karnataka and it should be heard by the Southern Bench. The High Court had upheld it and stayed the NGT order to shut down the factories.

But taking objection to it, the Namma Bengaluru Foundation (NBF) had appealed against it in the Apex Court. Supreme Court Justices J Rohinton Nariman and J Sanjay Kishan Kaul not only stayed the high court order but also allowed the Tribunal to continue the proceedings.

Arguing for the petitioner, NBF senior advocate Sajan Poovayya submitted before the Apex Court that the high court failed to consider the environmental impact of its stay order and also the tribunal's efforts in reviving the lake, the City's vital water body. He also referred to the fire on the lake caused by the effluents of factories that surround the lake.  

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