In a temporary relief to hundreds of residents and owners of flats in some of the apartment complexes located in Mahadevapura, Bellandur and Marathahalli, the Karnataka High Court has directed the Karnataka State Pollution Control Board (KSPCB) not to resort to disconnection of power supply for a certain period for failing to either install sewage treatment plants (STPs) or treating sewage as per specified norms.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the interim order on a batch of petitions filed by Sherwood Residents’ Welfare Association, Marathahalli and 12 other apartment owners’ associations.
The KSPCB had issued showcause notices to the petitioner-associations asking why the Board should not issue directions to the Bangalore Electricity Supply Company Limited to cut power supply for failing to install STPs as per the directions of the National Green Tribunal or adhering to norms in treating the sewage in STPs installed in the apartments.
The bench did not interfere in KSPCB’s action of issuing showcause notices but directed the Board to pass final orders based on showcause notices only after giving an opportunity of hearing to the petitioner-associations.
However, the bench said that even if the Board passes a final order to disconnect power supply for not complying with environmental norms, such orders for disconnection of power supply should not be implemented for a period of 15 days from the date on which the final orders were served on the petitioner-associations. This interim order was passed considering the peculiar fact that each apartment complex comprises hundreds of residential units.
In cases where the KSPCB had directly issued demand notices, asking the petitioner-associations to pay environmental compensation charges as per NGT’s order either for not installing STPs or not treating sewage as per the norms, without issuing any showcause notice, the bench directed the KSPCB not to initiate proceedings to recover the environmental compensation charges until further orders.
