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2022 Supreme(Online)(NGT) 1613
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 176 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF Tribunal on its own motion-SUO MOTU Based on the News item published in Eenadu Telugu Newspaper, Andhra Pradesh, Krishna District, Amaravathi Edition, Dated: 15.07.2021, “Human Induced Bogs”
Versus
1. Special Chief Secretary of Andhra Pradesh, Department of Environment, Forest, Science and Technology, 4th Block, Ground Floor, room No. 268, A.P. Secretariat Office, Velagapudi, Guntur, Andhra Pradesh – 522 237.
2. The Secretary to Government of Andhra Pradesh, Water Resources Department, 4th Block, First Floor, Room No. 268, A.P. Secretariat Office, Velagapudi, Guntur, Andhra Pradesh – 522 237.
3. The District Collector, Krishna District, Collectorate main Building, Collectorate, Chilakalapudi, Machilipatnam, Andhra Pradesh – 521 002.
4. The Director, Department of Mines and Geology, Sri Anjaneya Towers, D.No: 7-104, B-Block, 5th & 6th Floors, Ibrahimpatnam, Vijayawada, Andhra Pradesh – 521 456.
5. The Deputy Director of Mines & Geology, Krishna District, Rep. by its Department of Mines & Geology, D.No. 54-18-67/1B, LIC colony, Vijayawada, Krishna – 520 008.
6. Andhra Pradesh State Level Environment Impact Assessment Authority, Represented by its Chairman, A-3, Paryavaran Bhavan, Industrial Estate, Sanath Nagar, Moosapet, Hyderabad,- 500 018.
7. Andhra Pradesh Pollution Control Board, Represented by its Chairman, D. No. 33-26-14/D2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawada – 520 010.
(R6 and R7 Suo Motu impleaded as per order dated 11.08.2021)
...Respondent(s)
For Applicant(s): Suo Motu For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R7.
Judgment Reserved on: 3rd March, 2023.
Judgment Pronounced on: 14th March, 2023.
CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For the Petitioner: NONE
For the Respondent:
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above captioned application was registered suo motu by this Tribunal based on the newspaper published in Eenadu Telugu Newspaper, Andhra Pradesh, Krishna District, Amaravathi, Edition, dated 15.07.2021. The caption in the newspaper is “
మానవ నిర్లᡌᢚయంతో
” (Human induced bogs).
ఏర్పడిన ఊబిలు
2. It was alleged in the newspaper report that the illegal sand mining near the river bank at night had caused pits and during floods and heavy rains, the pits are filled with clay and fine soil to form the bogs which cannot be easily detected due to formation of the layer of fine sand on top resulting in causalities of people coming to the river as they get slipped into the bogs and die due to drowning. It is alleged that due to indiscriminate mining the bogs have been induced putting the lives of the people at risk besides impacting the riverine ecosystem adversely.
3. So while taking cognizance of the said incident, this Tribunal had appointed a Joint Committee comprising of the District Collector, Krishna District, Andhra Pradesh, a senior officer from the Mines and Geology Department, superintending Engineer, Public Works Department and directed the Committee to ascertain (i) whether there is any illegal mining going on in the area, (ii) what is the reason for formation of such bogs, (iii) whether any causality occurred on account of such indiscriminate bogs in that area, (iv) whether any cases have been registered in respect of the same, (v) what is the nature of action taken against the illegal mining, if any, brought to their notice, (vi) to assess the quantum of illegal mining and impose Environmental Compensation apart from royalty and penalty being imposed and finally ascertain what will be the nature of remedial measures to be taken for removal of such bogs in a scientific manner to avoid any future causality. Pursuant to the Joint Committee constituted, reports have been called for independently also.
4. The Committee inspected the area in question on 07.09.2021 and observed that heavy flood water is passing in the River Krishna. During the enquiry made by the Committee and as per the revenue record, it was found that 03 persons have lost their lives in Krishna River on 11.03.2021 at Pedapukipaka Village, Penamaluru and 03 more deaths were recorded in Madduru Village on 06.01.2015 in the Krishna River. The enquiry further revealed that the deceased persons have lost their lives due to drowning in the Krishna River when they ventured into the deep water without having adequate swimming skills. The Committee also made it clear that bog is a wet land i.e. formed by decomposed vegetation and decayed plant material that takes hundreds of years to develop. According to the Committee, the bogs rarely occur in Krishna River bed of the study area which is predominantly formed with sand and silt deposits. The bogs are also depressions in the lakes or rivers developed into bogs, if they were not drained by headward erosion of stream beds or completely filled with sediments.
5. Except the above mentioned two isolated incidents happened near the villages referred above, no incident or death recorded in this region near sand quarries. The Irrigation Department officials have already established signboards indicating the sign of danger not to swim in the river and the Revenue Department also had made trench across the approach road to the river to deter the curious onlookers from venturing into the river. The Committee also could not verify the formation of bogs due to sand mining as there was heavy flood flow in the Krishna River.
6. Based on the said report the District Collector, Krishna District also had filed its report dated 11.09.2021. The District Collector also had mentioned about the heavy flow of flood water in the Krishna River and stated that after the same recedes the next inspection could be taken up for filing a detailed report.
7. The 4th respondent, who i
