ORDER

1. The matter is being taken up at post-judgment stage. The issue raised concerns encroachments of Medla Cheruvu lake by Aliens Developers Pvt. Ltd. at Tellapur Village, Ramachandrapuram Mandal, Medak District, Telangana by constructing a multi-storied building with 29 upper floors in different periods. Further grievance is also against encroachments of two other water bodies - Vanam Cheruvu and Cheli Kunta in Sangareddy District, Telangana. The Tribunal pronounced its judgement on 29.10.2020.

2. The Tribunal considered the grievance in the light of earlier orders of the Andhra Pradesh High Court in W.P. No. 9386 & 14728 of 2007 and 20072 of 2008, directing removal of encroachments from the water bodies. In pursuance of the said directions, Lake Protection Committee was constituted by the State on 06.04.2010. As per Metropolitan Development Plan, 2031 for Hyderabad Metropolitan Region approved on 24.01.2013, no construction was permissible in the water body zone. However, the encroachments still continued. The Tribunal framed following questions for consideration:

(i) Whether the applicant is entitled to get the relief as prayed for in the applications?

(ii) What are all the nature of direction that will have to be given by the Tribunal in order to protect the lake and other water bodies and environment?

3. Considering the factual position emerging from the record, it was held that the encroachments were in violation of law laid down inter-alia in Hinch Lal Tiwari V. Kamala Devi (2001) 6 SCC 496, Jagpal Singh &

Others vs. State of Punjab & Others (2011) 11 SCC 396 and Jitendra Singh V. Ministry of Environment (2020) 20 SCC 581 to the effect that the State is under obligation to protect water bodies – perennial or non-perennial in view of significant role of such bodies in balancing the ecology. However, instead of adjudicating upon the issue of validity of permissions granted for constructions in the buffer zone of the lake and other water bodies, the Tribunal noted that the State had constituted a Committee to go into the issue comprising of District Collector, Sangareddy District, Commissioner, HMDA and Chief Engineer Minor Irrigation. The Tribunal held that there was no need to go into the question of encroachment when statutory authorities were acting on the basis of directions of the Tribunal to identify the encroachers and to take action. The matters were disposed with a direction to remove the encroachments and to restore the water bodies. The operative part of the order of the Tribunal is reproduced below:

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70. So we direct the above committee to do the following things: (i) The committee is directed to undertake proper survey of the area and fix the FTL and buffer zone as per the plan if any, already prepared in this regard and if there is any violation found, take steps to remove such encroachment, after giving an opportunity to the violators, of being heard under the respective statutes and pass appropriate orders in accordance with law and evict them from the encroached areas and restore the water bodies and canals to its original position in accordance with law.

(ii) If any permission has been granted for conversion of agricultural land for non agricultural purpose of any agricultural land or any building permission has been granted against the regulation and the Government Orders in this regard as detailed in the earlier paragraphs of this judgment, then they are directed to take steps to recall those orders and take action against those persons who were illegally granted such permission without application of mind and against the regulation and direction issued in this regard, after giving proper notice and opportunity of hearing to the persons in whose favour such permissions were granted, before revoking the same and taking action against them so that the aggrieved party can approach the appropriate forum for appropriate relief