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2024 Supreme(Online)(NGT) 429
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert Member
NATIONAL GREEN TRIBUNAL SOUTHERN ZONE – Appellant
Versus
UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS AND CLIMATE CHANGE – Respondent
Original Application No.03 of 2021 (SZ)|I.A. No.74 of 2023 (SZ)|I.A. No.118 of 2022 (SZ)
For Applicant(s): Suo Motu
For Respondent(s): Mrs. Me. Sarashwathy for R1, Mrs. H. Yasmeen Ali for R2 R3 R7 & R9, Mr. D. Sreenivasan and Mr. V. Jaiharisudhan for R4, Mr. T. Sai Krishnan for R5 R6 & R8, M/s. M.V. Durga Prasad B. Venkateswara Rao M. Surender Reddy for R10 & R11, M/s. S. Kamalesh Kannan S. Sai Sathya Jith Gayathri Devi & Aarti R Mundhra for R12 to R18
Revenue records and satellite imagery prevail over tentative lake notifications; natural streams misidentified as lakes require restoration of drainage, not lake protection, to mitigate environmental harm from blockages.
Headnote:(A) National Green Tribunal Act - Suo Motu jurisdiction - Environmental protection - Water bodies - Encroachment and restoration - Notified lake status disputed based on revenue records showing patta lands, absence of tank components like bund, sluice, weir - Satellite imagery, topo sheets confirm natural stream/nallah connecting upstream and downstream tanks, not lake - Water stagnation due to debris dumping, sewage discharge, obstructions from constructions - Authorities verify title documents, reject full tank level notification - Proposal for RCC box drain to restore natural drainage channel approved with sanctioned funds. (Paras 7, 10, 25, 30)
(B) Administrative proceedings - Objections to draft notifications - Revenue records (Khasra Pahani, Sethwar), village maps, satellite imagery prevail over tentative identifications - No material disproving private ownership or establishing tank existence - Restoration of natural stream prioritized over lake classification for flood management. (Paras 8, 25, 31)
Facts of the case:
Suo Motu application initiated on news report alleging large-scale encroachment, waste dumping, constructions in notified lake area, blocking inflow/outflow channels causing floods. Joint Committee inspections revealed no tank in revenue records, only natural stream obstructed by debris and buildings leading to stagnation. Private parties objected to draft notification claiming patta lands; authorities confirmed non-existence of lake, approved nallah restoration.
Findings of Court:
Lands classified as patta, no lake exists per records, imagery; stagnation from blocked natural stream. Draft notification rejected. Restoration of nallah via RCC box drain (3m x 2m) sanctioned with Rs.3.96 Crores for stormwater channelization to prevent flooding, preserve downstream water body.
Issues: Whether area constitutes notified lake or patta lands with natural stream; extent of encroachments, pollution; remedial measures for drainage restoration and environmental mitigation.
Ratio Decidendi: Revenue records, satellite imagery, official reports establish patta lands and natural stream, not lake; obstructions cause environmental harm remedied by stream restoration, not lake protection measures. Tribunal closes matter post authorities' resolution and action plan.
Result: Original Application closed.
| Table of Content |
|---|
| 1. suo motu initiation on lake encroachment news. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. revenue records confirm patta lands, no tank. (Para 7 , 8 , 9 , 10 , 11) |
| 3. reports confirm encroachments and pollution. (Para 12 , 13 , 14) |
| 4. objections upheld; no lake per records. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. restore nallah; application closed. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above case has been Suo Motu registered by this Tribunal based on the news item published in The Hindu dated 06.12.2020 titled, “Lake encroachment in full swing at Mazid Banda”
2. It is alleged in the newspaper report that Mazid Banda Cheruvu is a notified lake in 2014 and as per the Full Tank Level (FTL) demarcated in the map, the lake extent is 12.52 acres. Large scale encroachment is being done into the lake area by miscreants apart from dumping waste in that area. Large scale construction is also going on inside the lake area thereby, reducing the catchment area of the lake which is likely to affect the environment.
3. It is also alleged in the report that as per the irrigation records, the lake receives its inflows upstream from Kudikunta on one side, and Pochamma kunta on the other, both within Kondappur village limits. Excess water from the lake flows into Gopi Cheruvu downstream. All its inflow and outflow channels have been heavily encroached and blocked by constructions. This has resulted in heavy flood in the area.
4. On going through the allegations made in the newspaper report, this Tribunal was satisfied that there arises a substantial question of environment which requires the interference of this Tribunal. Therefore, the matter was registered Suo Motu and in order to ascertain the genuineness of the allegations, this Tribunal appointed a Joint Committee comprising of the (1) District Collector - Hyderabad District, (2) Senior Officer from Irrigation and CAD Department, Hyderabad, Telangana, (3) Commissioner - Greater Hyderabad Municipal Corporation (GHMC) (4) Senior Officer from Hyderabad Metropolitan Development Authority (HMDA), (5) Telangana Lake Protection Committee and (6) Senior Officer from Telangana Sate Pollution Control Board to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
5. The Joint Committee was directed to go into the question of the extent of encroachment as per the notification issued with Full Tank Level (FTL), buffer zone if any, nature of encroachment if any, action taken against the encroachers, pollution caused due to deposit of garbage and discharge of untreated sewage, whether there is any encroachment in respect of inlet and outlet water channels which drains water to the lake and discharges excess water from other lakes and if there is any encroachment found, what is the nature of action taken by the authorities in order to mitigate the situation and also to remove the encroachments made.
6. The Joint Committee was also directed to ascertain as to whether the water quality in the lake has been affected on account of any illegal discharge of the sewage or effluents and if so, what are the remedial measures to be taken to rectify the same. The committee was further directed to ascertain as to whether there was any scheme for protecting such notified water bodies in the State of Telangana and if so, what is the stage of its implementation in the State.
7. The Joint Committee report was filed on 20.08.2021 based on their inspection dated 06.05.2021. The Joint Committee has submitted that originally a list of 501 Lakes where existing in old Hyderabad Urban Development Area (HUDA) and Municipal Corporation of Hyderabad (MCH) areas and out of these 501 lakes, around 176 Lakes exist in the present GHMC area. The lake Mazid Banda is not among 501 lakes. It was also submitted that the identification of the lakes within GHMC area is take
