Karnataka Pollution Control Board failed to curb pollution, has no right to exist: HC

BANGALORE: Lambasting the Karnataka State Pollution Control Board (KSPCB) for failing to control air and sound pollution in Bangalore, the high court on Monday asked the state government why the watchdog should not be superseded by the Central Pollution Control Board. "We are sorry to say that you (KSPCB) are a complete failure. It would have been better if you did not exist," a division bench headed by chief justice D H Waghela said while hearing a suo motu PIL on air and sound pollution in the city. During the last hearing in August first week, the court said the board has been in deep slumber for 30 years, surpassing even Kumbhakarna. "Even Kumbhakarna woke up once in 12 years," the court had remarked. On Monday, the court said it has become necessary to direct supersession of the KSPCB as contemplated under Section 47 of the Air (Prevention and Control of Pollution) Act, 1981, because the board has admitted to ignoring and violating standard practices for controlling pollution. "For the past 30 years, you have not performed your duty to control air and sound pollution. It is shocking that sound pollution is more in residential areas than in industrial areas. It is a violation of human rights and also the right to life of the citizens of Bangalore. We have no other way but to ask the state to supersede the board and ask the central board to perform the basic duties. The state is also in a helpless situation. It does not have guts to take over the board," the bench said while adjourning the hearing to August 26. It also issued notices to the CPCB, BMTC and KSRTC. The bench took the KSPCB to task for failing too take any concrete steps to arrest the deteriorating ambience of Bangalore city. "The KSPCB is totally dysfunctional, You have no plan, no action. Have you laid down any standards, Because of pollution the city is suffering. Pollution leads to insanity. The board is not just violating the law, but has got gross disrespect for law," the bench observed. KSPCB counsel said measures have been put in place in the past two years to improve the situation. Pointing out that air and noise pollution are beyond limits, the court said: "It is an offence. You are not following court directives. If it is agreed that you have failed to discharge the constitutional duties, why can't the state government supersede the board?" Noting that meetings and awareness campaigns do not help in improving the situation, the judges said drastic measures need to be taken. "In Bangalore city, it takes one hour even to travel distances of five to 10 km. It is a sheer waste of time. They have to take some drastic measures, as was done in Singapore, London and Paris," the bench said. -TOI