Back
2022 Supreme(Online)(NGT) 985
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 189 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF Anumula Revanth Reddy, Member of Parliament, R/o Plot No. 854-P, Road No. 44, Jublee Hills, Hyderabad, Telangana- 500033.
...Applicant(s)
Versus
1. Union of India Rep by its Secretary, The Ministry of Environment, Forests and Climate Change, Indira Paryavaran Bhavan, Jorbagh, New Delhi- 110003.
2. State Environment Impact Assessment Authority, Rep by its Member Secretary, A-3, Paryavaran Bhavan, Sanath Nagar Industrial Estate, Sanat Nagar, Hyderabad- 500018.
3. State of Telangana, Rep by its Principal Secretary, Irrigation, Secretarait, Hyderabad- 500022.
4. Telangana State Pollution Control Board, Rep by its Member Secretary, A-3, Paryavaran Bhavan, Sanath Nagar Industrial Estate, Sanat Nagar, Hyderabad- 500018.
5. Greater Hyderabad Municipal Corporation, Rep by its Commissioner, CC Complex, Lower Tank Bund, Hyderabad- 500063.
6. Hyderabad Metropolitan Water Supply & Sewerage Board, Rep by its Managing Director, Kairatabad, Hyderabad- 500004.
7. District Collector of Rangareddy District, Collectorate Complex, Lakidikapool, Khairatabad, Hyderabad.
8. Hyderabad Lakes and Water Bodies Management Circle, Rep by its Superintendent Engineer, Irrigation Department, Ranga Reddy District, Hyderabad, Telangana State.
9. M/s DLF Home Developers Ltd, Rep by its General Manager, DLF Buildig, 8th Floor, Block 3, Gachibowli Hyderabad, Telangana.
10. M/s. My Home Avatar & My Home Construcitons Pvt. Ltd., Rep by its Managaing Director, 8th Floor, Block 3, My Home Hub, Madhapur, Hyderabad- 500081.
...Respondent(s)
For Applicant(s): Mr. Mohit K Jakhar for Mr. Sravan Kumar.
For Respondent(s): Ms. J. Dayana for Mr. T. Sai Krishnan for R4.
Mrs. Renukadevi for Mrs. H. Yasmeen Ali for R2, R3, R6 to R8.
Ms. G. Keerthana for Mr. D. Srinivasan for R5.
Mr. Rahul Balaji for R10.
Judgment Reserved on: 18th January, 2023.
Judgment Pronounced on: 31st January, 2023.
CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For the Petitioner: SRAVAN KUMAR
For the Respondent:
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The applicant who is a Member of Parliament and a resident of Hyderabad has filed above application alleging illegal encroachment of water body by respondent nos. 9 and 10 due to which there is water logging in the project site.
2. The 9th respondent, who is the DLF Home Developers Ltd., is coming up with a residential complex in Sy Nos. 217(P), 218-225 of Narsingi Village, Sy. Nos. 263-267 of Puppalagud Village of Rajendra Nagar Mandal, Rangareddy District and the built up area is 6, 05,719.24 sqm consisting of 10 residential blocks of 30 floors.
3. According to the applicant:
(i) The G.O. Ms. No.111 dated 08.03.1996 which was issued to protect the catchment areas of Himayatsagar and Osman Sagar Lakes was violated by the project proponent.
(ii) The Andhra Pradesh Building Rule, 2012 and the rules of the Irrigations Department also are violated.
(iii) The MoEF&CC notification dated 14.11.2018 is also said to be violated.
4. The applicant stated that complaints have been given to the MoEF&CC, SEIAA and Pollution Control Board. As there is no action taken by the authorities the above Original Application has been filed. Hence, the applicant has sought for a declaration that the construction in natural water body by the 9th and 10th respondent as illegal and violative of G.O MS. No. 111 dated 08.03.1996 and direct the regulatory bodies to take action against the respondents and finally to restore the nala which is damaged by the respondent nos. 9 and 10 at Puppalaguda of Rajendranagar Mandal.
5. The 1st respondent, namely, the MoEF&CC has filed its counter stating that the applicant had made a representation on 22.05.2020 alleging that the Environmental Clearance was obtained by the project proponents for construction activity which is carried out by the 10th respondent without obtaining any name change or amendment from the competent authorities, namely, SEIAA/SEAC, HMDA, DTCP along with the approved plans by violating the environmental norms. It is stated that already this Tribunal had appointed a Joint Committee on 30.09.2020 which is also filed.
6. The 2nd respondent, who is State Environment Impact Assessment Authority (SEIAA), has stated that the M/s. DLF Home Developers Limited, which is the 9th respondent, had applied for Environmental Clearance on 15.07.2015 for construction of residential projects at Sy. Nos. 217(P), 218-225 of Narsingi Village, Sy. Nos. 263- 267 of Puppalagud Village of Rajendra Nagar Mandal, Rangareddy District in total plot area of 96,529.8 Sq.m and for a built up area of 6,05,719.24 Sq.m. It is stated that the proposal was examined and processed in accordance with EIA Notification, 2006 and its amendments thereof. The project is exempted from public hearing as it is a construction project. The Committee considered the project proposal and recommended for issuance of Environmental Clearance. Further, the recommendation of SEAC was examined and considering the recommendations of SEAC, prior Environmental Clearance to the project was given on 21.12.2015.
7. The representation sent by the applicant dated 22.05.2020 and
25.09.2020 were also forwarded to the respective authorities and the Sub-Committee of SEAC inspected the above project site on 17.11.2020 to verify the issues mentioned in the complaint. The Committee had found that 9th and 10th respondent had not encroached or obstructed or damaged the flow of natural water from Narsingi Lake, Muskin Cheruvu to Nagireddy Kunta. They are not located adjacent to the project site and there is no common water channel connecting these three water bodies.
8. The 3rd respondent, which is the Irrigation Department of State of Telengana has filed its report wherein it is specifically stated that rainfall with 100mm per hour with peak runoff is categorised as cloud bursts. The catchment area is worked out and based on the above, the discharge is arrived at and correlated with the existing constructe
