TGR CATCHMENT AREA NOTIFICATION AND AFTER EFFECTS -High court Directs EMPRI to submit its findings


THE HIGH COURT OF KARNATAKA HAS DIRECTED THE `EMPRI` TO CONDUCT AN ENQUIRY AND SUBMIT THE REPORT OR FINDINGS TO THE COURT REGARDING THE ILLEGAL/UNAUTHORISED CONSTRUCTIONS AND FORMATION OF LAYOUTS IN THE THIPPAGONDANAHALLY RESERVOIR ZONE(Tippagondanahally catchment area) FROM 2003 TO TILL DATE AND CRIMINAL ACTION MAY BE INITIATED BY THE KSPCB AGAINST THE PERPETRATORS OF THE CRIME (VIOLATION)

THE LAYOUTS FORMED IN THIS ZONE AND THE BUILDINGS (TOO MANY FACTORIES AND WAREHOUSES) BUILT IN THIS AREA IS LIKELY TO BE AFFECTED AND CRIMINAL PROCEEDINGS WILL BE INITIATED AGAINST THE OWNERS AND THE TENANTS WILL BE  EVICTED/VACATED BY THE AUTHORITIES.

A PRESS REPORT

The HC on Monday directed the Environmental Management and Policy Research Institute (EMPRI) to submit a comprehensive study report on Tippagondanahalli (TG Halli) reservoir catchment area.

Meanwhile, EMPRI will have to submit an interim report by April 27 on the prevailing situation in and around the protective zones classified around the catchment area in 2003.

A Division Bench comprising Chief Justice D.H. Waghela and Justice Ashok B. Hinchigeri issued the directions after accepting the draft terms and references for the study submitted by Senior Counsel and amicus curiae Sajan Poovayya. The State government, the KSPCB and the petitioners, who have put up alleged illegal structures in the protective zones, have promised to cooperate.

Meanwhile, the Bench made it clear that any further violations of the 2003 notification, which classified catchment area into different protective zones, will be dealt sternly as the court has already stayed the July 2014 notification through which the government withdrew the 2003 notification.

EMPRI has been told to conduct a study and produce an accurate report on the exact state of affairs in the catchment area in general and protective zones 2, 3 and 4 in particular. It is expected to conduct surveys with photographs, maps and sketches to eliminate any factual controversy with respect to the course and location of the Arkavathi and the Kumudavathy rivers, and the constructions and developments that have taken place in the three protective zones. The study will have to identify all superstructures and infrastructures that came up after classification of zones in 2003, nature of such structures, verifying permission obtained, present use, etc.

Other tasks include estimating yield of the reservoir for the past 30 years, determination of availability of water in the two rivers, , specific reasons for deterioration of water quality, recommending methods for rejuvenating the two rivers and suggesting permissibility of developments and constructions in the catchment area.

ARKAVATHY CATCHMENT AREA NOTIFICATION – IN BANGALORE NORTH, DODDABALLPUR TALUK, CHIKKABALLAPUR TALUK, DEVANAHALLY TALUK AND NELAMANGALA TALUK !!


710 villages in 6 taluks have been notified under this Act.

Magadi, Nelamangala, Doddaballapur, Chikkaballapur, Devanahally and Bangalore North Taluk villages are under the ambit of this Act. 

Do you own a property in these taluks !!! CHECK AND RECHECK ???

THE TIPPAGONDANAHALLI RESERVOIR CATCHMENT LOCATION AND EXTENT

       The Tippagondanahalli Reservoir is situated about 34 Km west of Bangalore City and is drained by the river Arkavathi and the river Kumudvati. The catchment of the reservoir extends up to Dobbarpet towards northwest of Bangalore City on the Bangalore- Tumkur National Highway (NH-4) and upto Nandi hills, about 60 km.north of Bangalore City. The Tippagondanahalli Reservoir catchment covers an area of 1453 sq.km. and is covered in the Survery of India toposheet Nos. 57 G/3, G/4, G/7, G/8, G/11, G/12, H/5 and H/9. The area lies between 120  56’ and 130 23’ 15” North Latitudes and 770 13’ 30” and   770 41’ 15” East Logitudes. The catchment occupies on area of 461.80 sq.km. (31.78% of the total catchment) of Daddaballapur Taluk; 396.91 sq.km. (4.00% of the catchment) of Devanahalli Taluk; 40.26 sq.km (2.77% of the catchment) of Bangalore South and 8.00 sq,km. (0.55% of the catchment of Chikballapur Taluk.

Proceedings of the Government of Karnataka

Sub: Direction under section 18 (1)(b) of the Water (Prevention and Control of Pollution) Act 1974 and under Section 18(1)(b) of the Air (Prevention and Control of Pollution) Act, 1981 regarding issue of Consent in the regulated one of Thippagondanahalli Reservoir(TGR).

Read:

1.  Letter No.BMRDA/MC/TGR/008/2000, dated: 05.07.2000 from BMRDA

2.  Proceedings of the meeting of Forest, Ecology & Environment Department     dated: 08.10.2001 and 06.05.2002.

3.  Letter No. KSPCB/CM/2001-2002/1, dated: 01.04.2002 from KSPCB.

4.  Proceedings of the 146th Board meeting of Karnataka State Pollution Control Board held on 24.07.2002.

5.  U.O.Note No. NAE 15 BMR 2002, dated: 13.08.2003 from the Urban Development Department.

6.  Proceedings of meeting held under the Chairmanship of Principal Secretary. Urban Development Department on 08.07.2003.

Preamble:

   Under Section 17 of the water (Prevention and control of Pollution) Act, 1974 one of the functions of the State Pollution Control Board, constituted under Water (prevention and control of pollution) Act, 1974 is to plan a comprehensive program for the prevention control or abatement of pollution of streams and wells in the State and to secure the execution. 

   Similarly under Section 17 of the Air (Prevention and Control of Pollution) Act 1981, one of the functions of the State Pollution Control Board is to plan a comprehensive program for the prevention, control or abatement of air pollution in the state and to secure the execution. 

   Thippagondanahalli Reservoir (TGR), built at the confluence of Arkavathi and Kumudvathi Rivers, is an important source of drinking water, supplying up to 125 MLD water to the city of Bangalore and the surrounding areas. The total extent of TGR catchment is 1453 sq.km and covers parts of Doddaballapur, Nelamangala, Devanahalli, Magadi and Bangalore Taluks. TGR receives inflow from two streams namely Kumudvathi and Arkavathi. However in recent years, the inflow to TGR has been decreasing and quality of water supplied by this reservoir has also deteriorated. In view of these facts BMRDA initiated a study by Indian Space Research Organization (ISRO) in association with Indian Resources Information and Management Technologies Pvt. Ltd. (IN-RIMIT), to ascertain the reasons for reduced inflow of water to TGR. 

   The study carried out by ISRO in association with IN-RIMT revealed that there are number of industries in the catchment area, whose effluents along with underground leachate and sewage flow into the TGR thus affecting the quality of water. In addition to this the unplanned development in the catchment area, along with increasing urbanization and industrialization has led to alteration in the drainage pattern of the TGR catchment area resulting in reduced inflow into the TGR. 

   The Department  of Urban Development vide reference read at [5] above has requested the department to issue necessary directions for regulating the activities within the TGR catchment.

   In view of the fact that the quality of water supplied from TGR will have direct impact on large population of Bangalore, the Government considers it essential to protect this sensitive area of TGR catchment and to prevent any activity that leads to contamination of the reservoir. Hence the Order, 

Government Order NO:FEE 215 ENV 2000, Bangalore, Dated:12-01-2004

   In view of the facts and circumstances explained in the preamble the Government has decided to declare a schedule of zones in the TGR catchment area. Schedule of zones are as given below:

 

Zone

Area Covered

1

Entire Thippagondanahalli Reservoir (TGR) catchment area, as specified in Annexure to this Notification.

2

Area covered within 2kms from Thippagondanahalli Reservoir (TGR) boundary.

3

Area covered within 1 km distance from the river banks of Arkavathy (only upto Hesarghatta tank from TGR) and Kumudvathi.

4

Area covered within 1 km to 2 km distance from the river banks of Arkavathi (only upto Hesarghatta Tank from TGR) and Kumudvathi (Excluding the areas falling within Zone-2)

In exercise of the powers conferred under Section 18(1)(b) of the Water (Prevention and control of pollution) Act, 1974 and under section 18(1)(b) of the Air(Prevention and control of Pollution) Act, 1981, Government of Karnataka directs Karnataka State Pollution Control Board-

           i.      Not to issue any consent to any new industry, industrial operation, industrial process or an extension or addition thereto in zone-2 and zone-3 as per schedule mentioned above.

       ii.      To allow in Zone-4 as per schedule mentioned above, only those new industries listed in Green category, subject to adoption of rainwater harvesting systems & waste water treatment facilities.

   iii.      Ensure compliance to the consent conditions so that the industries do not let out untreated industrial effluents in the said catchment and in particular in Zone 2,3 and 4 as per schedule mentioned above.

    iv.      To conduct regular water analysis in both Arkavathi and Kumudvathi Rivers, TGR and Tanks within the TGR catchment.

        v.      Adoption of rainwater harvesting must be made mandatory in the consent condition for the existing industries in Zone-1.

    vi.      List of industries existing in different zones as per schedule mentioned above should be submitted to Department of Ecology and Environment within one month from the date of issue of this order.

 By order and in the name of the

Governor of Karnataka