DR. PENTAPATI PULLARAO vs UNION OF INDIA - 2021 Supreme(Online)(NGT) 44

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2021 Supreme(Online)(NGT) 44

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI _______________________________________________
ORIGINAL APPLICATION NO. 175/2018 (EARLIER O.A. NO. 125/2017 (SZ)
IN THE MATTER OF:
1. Jammula Chhoudaraiah S/o Sivarama Krishnarayya R/o 25-12-2/2, Ganesh Nagar, Ramakrishna Matam, Rajahmundry (Urban), Rajahmundry, East Godavari, Andhra Pradesh-533101
2. Indukuri Suryanarayana Raju S/o Late Seetarama Raju, R/o MIG 18/3, 3rd Phase, Near Bata Showroom, K P H B Colony, Kukatpally, Hyderabad-500072 Applicant(s)
Verses
1. Union of India Represented by its Secretary, Ministry of Environment, Forest & Climate Change
3rd floor, Prithvi Wing, Indira Paryavaran Bhawan, Jor Bagh, New Delhi-110003
2. The State of Andhra Pradesh Represented by its Chief Secretary, Third Floor, Jalasoudha, Errummanzil, Hyderabad-500082
3. The State of Andhra Pradesh Represented by its Secretary, Water Resources Department Bucklinghampeta, Vijayawada, Andhra Pradesh-520002 Respondent(s)
With ORIGINAL APPLICATION NO. 350/2018 IN THE MATTER OF:
1. Madicharla Satyanarayana S/o M. Venkata Rao R/o 5-119, Rajupalem, Chinakondapudi (Post) Sithanagaram Mandal, East Godavari District, Andhra Pradesh-533287
2. Madicherla Ramachandram S/o M. Venkata Rao R/o 5-118, Near Ramalayam, Rajupalem, Chinakondapudi (Post), Sithanagaram Mandal, East Godavari District, Andhra Pradesh-533287 Applicant(s)
Verses
1. Union of India Rep. by its Secretary Ministry of Environment, Forest & Climate Change, Indira Paryavaran Bhavan, Jorbagh, New Delhi-1
2. Union of India Rep. by its Secretary, Ministry of Water Resources and Ganga Rejuvenation, Shrama Shakti Bhavan, New Delhi-110001
3. Polavaram Project Authority Rep. by its Chief Executive Officer, Under Union Ministry of Water Resources, Krishna-Godavari Bhavan, 11-4-648, A.C. Guards, Hyderabad-500004
4. Union of India Rep. by its Secretary, Department of Land Resources, Nirman Bhavan, New Delhi-110011
5. Secretary Union Ministry of Tribal Affairs, Chairperson of the Interministerial Committee on Rehabilitation and Resettlement for Polavaram Project Shastry Bhavan, New Delhi-110001
6. State of Andhra Pradesh Rep. by its Chief Secretary Secretariat Complex, Velagapudi, Guntur District, AP-592503
7. State of Telangana Rep. by its Chief Secretary, Secretariat, Hyderabad-500022
8. State of Odisha Rep. by its Chief Secretary, Secretariat Complex, Bhuaneshwar, Odisha-751001
9. State of Chattisgarh Rep. by its Chief Secretary, Mantralaya, Raipur, Chattisgarh-492001
10. Superintendent Engineer Purushothapatnam Lift Irrigation Scheme, Purushothapatnam, East Godavari District, Andhra Pradesh-522387
11. District Collector and Magistrate East Godavari District, Kakinada, Andhra Pradesh-533001 Respondent(s)
With REVIEW APPLICATION NO. 46/2019 IN ORIGINAL APPLICATION NO. 48/2019 IN THE MATTER OF: Vatti Vasanth Kumar M.M. Puram, Pulla Village Bhimadolu Mandal, West Godavari District, Andhra Pradesh-534401 Review Applicant/Applicant Verses
1. Union of India Through its Secretary, Ministry of Environment, Forest & CC Indira Priyadarshini Bhavan, Jorbagh, New Delhi-110003
2. Union of India Through its Secretary, Union Ministry of Water Resources, Sramshakti Bhavan, New Delhi-110001
3. National Water Development Agency Through Director General Room No. 305, 3rd Floor, Palika Bhavan, R.K.Puram, Sector 13, New Delhi-110066
4. Krishna Godavari River Basin Authority Rep. by its Chairman Krishna Godavari Bhavan, 1st Floor H.No. 11-4-648, A.C. Guards, Hyderabad-500004
5. Principal Chief Conservator of Forests Ministry of Environment, Forest and Climate Change, Indira Priyadarshini Bhavan, Jorbagh, New Delhi-110003
6. National Monitoring Committee on Land Acquisition & Rehabilitation Rep. by Secretary of Department of Land Resources Nirman Bhavan, New Delhi-110011
7. Monitoring Committee for Rehabilitation and Resettlement works Pertaining to Polavaram Project Rep. by Secretary of Union Ministry of Tribal Affairs, Shastry Bhavan, New Delhi-110001
8. State of Andhra Pradesh Rep. by its Chief Secretary, Interim Government Complex, Velagapudi, Guntur District, Andhra Pradesh-522503
9. State of Telangana Rep. by its chief Secretary, Secretariat, Hyderabad-500022
10. State of Odisha Rep. by its Chief Secretary, Secretariat Complex, Bhuvaneshwar, Odisha-751001
11. State of Karnataka Rep. by its Chief Secretary, Room No. 320, 3rd Floor, Vidhansouda, Bengaluru-01
12. State of Maharashtra Rep. its Chief Secretary, Mantralaya, Dr. Madam Kama Road, Fort Mumbai-400032
13. State of Chhattisgarh Secretariat, DKS Bhavan, Mantralaya, Raipur-492001 Respondent(s)
With ORIGINAL APPLICATION NO. 857/2018 (I.A. NO. 133/2021)
IN THE MATTER OF:
Dr. Pentapati Pulla Rao B-18, First Floor Nizamuddin East New Delhi-110013 Applicant Verses
1. Union of India Through its Secretary, Ministry of Environment, Forest & CC Indira Priyadarshini Bhavan, Jorbagh, New Delhi-110003
2. Union of India Through its Secretary, Union Ministry of Water Resources, Sramshakti Bhavan, New Delhi-110001
3. Central Pollution Control Board Through Member Secretary Parivesh Bhawan, CBD-Cum Office Complex, East Arjun Nagar, Delhi-110032
4. Polavaram Project Authority Rep. by its Member Secretary Krishna Godavari Bhavan, 1st Floor, H.No. 11-4-648, A.C. Guards, Hyderabad-500004
5. Additional Principal Chief Conservator of Forests (C)
Ministry of Environment, Forest and Climate Change, Regional Office (SEZ), 1st and IInd Floor, Handloom Export Promotion Council, 34, Cathedral Garden Road, Nungambakkam, Chennai-34
6. State of Andhra Pradesh Rep. by its Chief Secretary Interim Government Complex, Velagapudi, Guntur District, Andhra Pradesh-522503
7. Andhra Pradesh Pollution Control Board Rep. by its Member Secretary D.No. 33-26-14/D2, Near Sunrise Hospital, Pushpa Hotel Center, Chalamvari Street, Kasturibaipet, Vijayawada, Andhra Pradesh-520010 8. District Collector and Magistrate Eluru, West Godavari District Andhra Pradesh-534006 collector wgd@ap.gov.in
9. Transstroy (India) Limited Rep. by its Managing Director Plot No.201, 202 A & 202 B, Guttala Begumpet, Kavuri Hills, Hyderabad, Telangana-500081
10. Mega Engineering & Infrastructure Ltd.
Rep. by its Managing Director Regd. Office: S-2, Technocrats Industrial Estate (T.I.E.), Balanagar, Hyderabad-500037 Respondent(s)
Counsel for Appellant(s)/Applicant(s):
Mr. Sravan Kumar, Advocate Counsel for Respondent(s):
Mr. R. Venkataramani, Senior Advocate with Mr. Mahfooz A. Nazki, Advocate for the State of Andhra Pradesh Mr. TVS Raghavendra Sreyas, Advocate for APPCB Mr. Raj Kumar, Advocate for CPCB in OA No. 857/2018 Mr. Aman Bhalla, Advocate for CPCB in R.A No. 46/2019 Mr. Kumar Rajesh Singh, Advocate for MoEF&CC in OA No. 857/2018 PRESENT:
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER Reserved on: 9th August, 2021 Pronounced and uploaded on: 2nd December, 2021

Advocates:
For the Petitioner: SARWAN KUMAR
For the Respondent:

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER SYNOPSIS

1. Pleadings Para no Page no Para no Page no a) OA I 29-67 14-40 d) OA III 87-102 52-66 b) OA II 68-85 40-51 e) OA IV 103-119 66-75 c) RA 46/19 86 51-52

2. Orders of NGT-during proceedings Para no Page no Para no Page no a) OA I 120-135 75-83 d) RA 46/19 142-149 87-90 b) OA II 136-138 83-84 e) OA IV 150-157 90-94 c) OA III 139-141 84-87

3. Review Application Order on merit 158-159 94

4. Committee and other reports Report dated Para no Page no Report dated Para no Page no a) 26.12.2018 160-161 94-96 j) 28.04.2020 185-188 135-137 b) 29.04.2019 162-164 96-103 k) 06.01.2021 189-190 137-146 c) 24.05.2019 165 103 l) 08.01.2021 191-193 146-151 d) 28.06.2019 166-170 103-106 m) 01.04.2021 194-198 151-161 e) 30.07.2019 171-172 106-111 n) 08.04.2021 (OA I) 199-200 161-162 f) 24.10.2019 173-177 111-117 o) 08.04.2021 (RA) 201-202 162-163 g) 26.10.2019 178-180 117-119 p) 19.06.2021 203 163 h) 29.01.2020 181-183 119-131 q) 21.06.2021 204-206 163-171 i) 18.02.2020 184 131-135 r) 06.08.2021 207 171-174 5. Submissions 208-214 174-177 6. Issues 1 & 2 218-320 178-220 7. Issue-3 321-621 220-423 8. Environmental Compensation-Assessment/Methodolgy 507-620 363-423 9. Operative Part 616-624 421-426

1. A King can do no wrong. It is an old concept of sovereign immunity, recognized in English law. Very frequently, it was relied and sought during colonial rule in this country. It cannot be doubted that it is an archive concept based on old feudalistic notion of justice but unfortunately, in the matters before us, we find, that, though not specifically pleaded, but an attitude similar to the above notion has been adopted by Provincial Government (State of Andhra Pradesh) and its authorities when they proceeded to launch/commission/execute welfare schemes namely a few lift irrigation schemes and a rivers linking project, but without following and observing mandatory laws, more appropriately, laws relating to environment. These laws have been given a complete go- bye in one or the other manner. Despite the stand taken by Government of India that action of State Government of Andhra Pradesh is/was not in conformity with environmental laws, a stubborn and adamant attitude has been adopted, and, an indefensible defense has been taken that those laws were not required to be observed or followed by State Government for execution of above schemes/projects, in respect whereof, complaints have been made to this Tribunal.

2. In India, Constitution contemplates a welfare State. Power vests, not in the crown, but in people of India who elect their representatives to run the Government which has to act in accordance with the provisions of Constitution and enacted laws. It would be answerable to people for any violation thereof. Unfortunately, this rule of law has been breached by State, with impunity.

3. Welfare activities like facility of irrigation, drinking water and water for industrial use etc., useful for general public, are always welcome.

Nobody can dispute that it is a statutory and constitutional obligation of State to take such welfare steps for the benefit of people at large. However, nobody can contend that for achieving such objects, for welfare of people, observance of law is not necessary or State/Governments can violate, flout, breach and disobey statutory laws for proceeding with welfare activities and still can claim immunity from facing consequences. 4. More so, this question becomes more important when laws, made for preservation, protection and remediation of environment are involved. It is now well recognized that laws relating to environment, since included within the ambit of „Fundamental Right to Life‟ under Article 21, their compliance and observance is mandatory and nobody can claim immunity therefrom. Like common man, State and its authorities are equally bound to strictly follow environmental laws, that too, in words and spirit.

5. Environment is not confined to an individual o

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