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2022 Supreme(Online)(NGT) 321

Item No. 09 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (BY VIDEO CONFERENCE)

Original Application No. 185/2022 Daram Govinda Rajan Applicant Versus State of Andhra Pradesh Respondent Date of hearing: 16.01.2023 CORAM: HON(cid:146)BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON(cid:146)BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON(cid:146)BLE PROF. A. SENTHIL VEL, EXPERT MEMBER Applicant: None.

Respondent: Mr. Siddharth Vasudev, Adv. for Andhra Pradesh PCB.

ORDER

1. The grievances of the applicant is against illegal encroachments of ponds, leading to damage of Kolleru lake in West Godavari and Krishna Districts of Andhra Pradesh with alleged connivance of concerned authorities.

2. Vide order dated 19.04.2022, this Tribunal constituted a Joint Committee comprising of the National Wetland Committee, Andhra Pradesh Wetland Authority, the State PCB and the District Collectors of West Godavari and Krishna Districts which gave its reports dated

27.09.2022 and 19.12.2022.

3. Vide order dated 06.12.2022, the Tribunal noted that the same issue was being dealt by Southern Zone Bench of this Tribunal in O.A. No. 259 of 2020 (SZ). The Chief Secretary, Andhra Pradesh has filed a detailed report before Southern Zone Bench of this Tribunal on 14.12.2021 which is being dealt with by the said Bench. The Bench dealing with the matter suggested that the application may be dealt with by the Southern Zone Bench along with the pending matters. The operative part of the order is reproduced below:-

(cid:147)x x x x x x

3. In compliance thereof, the District Collector-Eluru, has submitted an enquiry report vide email dated 27.09.2022 and sought further 30 days time to submit the report of the Joint Committee and relevant part of the enquiry report is reproduced as under:-

(cid:147)Joint Inspection Report on the complaint filed by Sri K.V.R. Siva Rama Prasad, Guntur on the Kolleru Lake in Complaint No. 2006/2022/B1.

***

The Collector 86 District Magistrate, Eluru District, Eluru has informed in Letter No. D7/e- 1871335/2021, dated: 06.07.2022 that the Hon’ble Lokayukta has forwarded a complaint filed by Sri K.V.R. Siva Ram Prasad, Guntur and directed to conduct confidential probe on the allegations of the petitioner and submit report before 11.07.2022 and also further informed that the petitioner alleging that due to construction of 3 main roads in Kolleru lake area drainage water got stagnated and agriculture lands were damaged and due to chemicals mixed with the lake water fishes, birds were dying and also alleged that from past 10 years onwards 20,000 hectares of Kolleru lake area was unauthorizedly occupied as aqua culture lands and directed to conduct Joint Enquiry and submit report in the matter.

In this connection, It is submitted that the Eluru Division consisting of 8 Mandals covered by Kolleru i.e., Bhimadole, Denduluru, Nidamarru, Pedapadu, Eluru, Unguturu, Mandavalli, Kaikaluru. The Government has also issued notification declaring the below +5 contour as Kolleru Wild Life Sanctuary in G.O. Ms. No. 120 Environment, Forest, Science and Technology (For -III), dated: 05.10.1999 according to which the following extent of lands notified against the Mandals as noted below.

Sl. Name of the Mandal Area in Hec. In acres Ac, cts;

No.

1 Eluru 9560.00 23622.76

2 Unguturu 53.71 132.72

3 Pedapadu 315.72 780.14
4 Denduluru 234.23 578.78
5 Nidamarru 2735.30 6758.93
6 Bhimadole 8129.00 20086.76
7 Kaikaluru 4117.81 10175.11
8 Mandavalli 2943.81 7274.15
Total 28089.58 69409.35 In this connection it is submitted that as per the orders of the Hon’ble High Court, during the year 2006 all encroachments and fish tanks within +5 contour (Kolleru Wild Life Sanctuary) were demolished. Further, after demolition the land was handed over to the Forest Department by the Revenue Department in the year 2007 and the land (Kolleru Wild Life Sanctuary) is being protected by the Forest Department. However the Revenue Department has alerted the village Revenue Officers, who are field level functionaries at village level to be vigilant and whenever any information with regards to illegal digging of fish tanks is noticed in the Kolleru Wild Life Sanctuary and the matter should be immediately brought to the notice of the Forest Authorities as well as Revenue Authorities and also taking appropriate steps to protect the interest of the birds in the Kolleru area.

Road Network in Kolleru Lake area:

The roads were constructed prior to GO.M

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