NGT refuses to entertain plea challenging notification on STPs

“So under such circumstances, we feel that there is no necessity to retain this application before this Tribunal as larger question involving these issues is being considered by the Principal Bench of National Green Tribunal in respect of protecting the Bellandur, Agra and Varthur Lake at Bangalore,” the bench said. The tribunal was hearing a plea filed by Federation of Apartments Association Bengaluru challenging the action of Bangalore Water Supply and Sewage Board (BWSSB) issuing the notification of imposing the responsibility of establishment of STP's in the flat construction areas by the flat owners/developers.

The National Green Tribunal has refused to entertain a plea seeking withdrawal of a notification mandating exclusion of all existing apartments in Bengaluru with more than 50 units from installing sewage treatment plant (STP) and adoption of dual piping. Referring to Supreme Court orders, the green panel said it cannot exercise the power of setting aside the notification or policy decision taken by the government.

It said this power is vested with the High Court under Article 226 of the Constitution of India.  “So, in view of that dictum, the prayer in the application may not be possible to be granted to the applicant by this Tribunal,” said a bench, comprising Justice K Ramakrishnan and expert member Saibal Dasgupta. The tribunal noted that its Principal Bench has already taken cognisance of this issue regarding the establishment of STP's by the apartment owners who have constructed the apartments around Bellandur and other lakes causing pollution by discharging untreated sewage and effluents.

The NGT's southern bench said that if the petitioner has any grievance, it can approach accordingly. “So under such circumstances, we feel that there is no necessity to retain this application before this Tribunal as larger question involving these issues is being considered by the Principal Bench of National Green Tribunal in respect of protecting the Bellandur, Agra and Varthur Lake at Bangalore,” the bench said.

The tribunal was hearing a plea filed by Federation of Apartments Association Bengaluru challenging the action of Bangalore Water Supply and Sewage Board (BWSSB) issuing the notification of imposing the responsibility of establishment of STP's in the flat construction areas by the flat owners/developers. The petition had sought directions to completely withdraw or modify the notification dated April 21, 2017, to exclude all existing apartments with more than 50 units from installing STP and adoption of dual piping in their apartments.

It had also sought directions to BWSSB to exclude all apartments which are occupied and connected to the main swage drains from installation of STP in their respective apartments irrespective of the number of individual flat units present in these apartment complexes located within the limits of Bengaluru city..