Back
2024 Supreme(Online)(NGT) 2812
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
No lake exists where revenue records show patta lands, no tank structures present, and satellite imagery depicts only obstructed natural stream; authorities must restore drainage nallah for flood management rather than enforce disputed FTL notification. (34 words)
Headnote:(A) National Green Tribunal Act - Suo motu jurisdiction - Environmental protection - Water bodies - Encroachment - Draft notification for full tank level (FTL) - Revenue records classifying lands as patta lands - Absence of tank appurtenant components like bund, sluice, weir - Natural stream/nallah obstructed by constructions and debris causing water stagnation - Satellite imagery and historical records confirming no lake existence - Proposal for FTL rejected - Directions for restoring nallah through RCC box drain for stormwater channelization upheld - Application closed as issue resolved by authorities. (Paras 1-34)
(B) Administrative proceedings - Objections to draft notifications - Verification of revenue records (Khasra, Pahani, Sethwar) - Consultation with departments - High Court directions for finalization - No material disproving private title or establishing tank - Restoration of natural drainage prioritized over lake classification. (Paras 25, 30)
Facts of the case:
Suo motu application registered based on news report alleging large-scale encroachment into notified lake area, dumping of waste, constructions reducing catchment, blocking inflow/outflow channels causing floods. Joint Committee inspected, reports confirmed no lake in revenue records but natural stream obstructed leading to stagnation; draft FTL notification objected by pattadars upheld as invalid after verification.
Findings of Court:
No tank/lake exists in subject lands per revenue, irrigation records, satellite imagery; water stagnation due to obstructions in natural nallah; authorities sanctioned Rs.3.96 Crores for RCC box drain (3m x 2m) to restore surplus course from upstream to downstream tank; encroachments/debris removal initiated.
Issues: Whether subject area constitutes notified lake warranting FTL protection or patta lands with natural drainage stream; extent of encroachments/pollution and remedial measures.
Ratio Decidendi: Classification as lake rejected where revenue records confirm patta lands, no tank components visible, topo sheets/satellite images show only stream; priority to restore hydrological function via nallah channelization over disputed lake status; coordinated departmental action suffices for resolution.
Result: Original Application closed.
| Table of Content |
|---|
| 1. suo motu registration for lake encroachment investigation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. revenue records confirm patta lands, no tank. (Para 7 , 8 , 9 , 10 , 11) |
| 3. encroachments and blockages cause water stagnation. (Para 12 , 13 , 26 , 27 , 28) |
| 4. objections upheld; lands de-notified as lake. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. restore nallah; application closed. (Para 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
