Environmental Violations in Bengaluru: Supreme Court Upholds NGT’s Ruling Against Mantri Techzone

The case of Mantri Techzone Pvt. Ltd. v. Forward Foundation & Ors. revolves around a dispute concerning large-scale construction projects affecting Bengaluru’s water bodies, particularly the Bellandur and Agara Lakes. The Supreme Court, in its judgment dated March 5, 2019, upheld the ruling of the National Green Tribunal (NGT), emphasizing the need for strict environmental compliance.

This case serves as a landmark judgment reinforcing the principles of environmental conservation and sustainable development.

Case Background

The dispute arose when Mantri Techzone Pvt. Ltd. and another developer began large-scale construction projects in an ecologically sensitive area in Bengaluru. The land was allotted by the Karnataka Industrial Areas Development Board (KIADB) for an IT park, commercial, and residential projects. However, environmental activists and local NGOs argued that the construction:

• Encroached upon stormwater drains (Rajakaluves) and wetlands.
• Disrupted the hydrology of the region, affecting Bellandur and Agara Lakes.
• Violated the Environmental Impact Assessment (EIA) Notification, 2006, and other environmental laws.

Following multiple complaints, the National Green Tribunal (NGT) took up the matter and imposed penalties on the developers.

NGT’s Findings and Orders

The NGT found that Mantri Techzone and Core Mind Software engaged in illegal construction and violated environmental norms. The tribunal, in its May 4, 2016, ruling, ordered:

• A buffer zone of 75 meters around lakes and 50 meters around primary stormwater drains.
• Demolition of structures built within the buffer zones.
• Environmental compensation of Rs. 117.35 crores on Mantri Techzone and Rs. 13.5 crores on Core Mind Software.
• Strict monitoring by Karnataka State Pollution Control Board (KSPCB) and other authorities.

Aggrieved by the decision, Mantri Techzone and others challenged the NGT order before the Supreme Court.

Petitioners’ Arguments

The appellants, represented by Senior Advocate Mukul Rohatgi, contended:

• The NGT overstepped its jurisdiction by modifying zoning regulations under the Karnataka Town and Country Planning Act, 1961.
• The environmental penalties imposed lacked scientific assessment.
• The projects had obtained environmental clearance and necessary approvals.
• Environmental norms were adhered to, and no illegal encroachments occurred.

Respondents’ Arguments

The Forward Foundation and other environmental activists, represented by Sajan Poovayya, countered:

• The construction violated environmental norms, especially concerning wetlands and Rajakaluves.
• Mantri Techzone began construction even before obtaining environmental clearance.
• The projects posed severe ecological risks, affecting water quality and urban flooding.
• The penalty was justified under the ‘Polluter Pays’ principle.

Supreme Court’s Observations and Ruling

The Supreme Court upheld the NGT’s findings, making key observations:

“The construction of both the projects had started prior to the grant of Environmental Clearance. The EIA Notification, 2006, prohibits such activities.”

Regarding violations of environmental conditions, the Court held:

“The project proponent had encroached upon 3 acres 10 guntas of Bellandur Lake. The NGT’s direction to remove such encroachments is valid.”

The Court also reaffirmed the importance of maintaining buffer zones:

“Buffer zones around lakes and Rajakaluves must be maintained to prevent ecological degradation.”

On the issue of penalties, the Court ruled:

“The environmental compensation of Rs. 117.35 crores on Mantri Techzone and Rs. 13.5 crores on Core Mind Software is appropriate given the scale of violations.”

However, the Court set aside certain general directions of the NGT that affected third parties who were not part of the dispute.

Conclusion

This judgment reinforces the importance of:

• Strict compliance with environmental laws.
• Maintaining buffer zones around sensitive water bodies.
• Ensuring accountability through penalties under the ‘Polluter Pays’ principle.

By upholding the NGT’s ruling, the Supreme Court has set a precedent for stricter enforcement of environmental regulations in urban development projects.

Petitioner Name: Mantri Techzone Pvt. Ltd..
Respondent Name: Forward Foundation & Ors..
Judgment By: Justice A.K. Sikri, Justice S. Abdul Nazeer, Justice M.R. Shah.
Place Of Incident: Bengaluru, Karnataka.
Judgment Date: 05-03-2019.

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