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2024 Supreme(Online)(NGT) 4741
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, ACJ
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)
For the Appellants/Petitioners: Suo Motu
For the Respondents: 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.
The Tribunal affirmed that historical revenue records establish no lake existence and called for restoration measures following illegal constructions identified in the encroached area.
Headnote:(A) Environmental Protection Act, 1986 - Encroachment - Issue of encroachment of Mazid Banda lake raised by media - Joint Committee constituted for evidence gathering submitted reports indicating environmental degradation due to construction activities in the lake area - Historical records confirm private ownership and no lake existence - Tribunal has ordered restoration measures to rectify environmental harm and enforce ecological regulations. (Paras 1-34)
(B) Jurisdiction and Powers of Environmental Tribunal - Tribunal acted upon a media report highlighting encroachment, showcasing its proactive remonstrance role concerning environmental issues - Importance of evidence from historical revenue records and official inspections in adjudication - Tribunal affirms that land ownership does not equate to ecological degradation and necessitates compliance to environmental legislation. (Paras 6-34)
Facts of the case:
The Tribunal registered the case Suo Motu based on a news report concerning encroachments in the Mazid Banda lake area. The report indicated significant environmental hazards and illegal constructions that were threatening the lake's ecological balance.
Findings of Court:
The Special Chief Secretary's report indicated that there was no lake and concluded that the titular lands were private patta lands. Action plans were approved for restoring ecological balance through removal of debris and channelization of stormwater if necessary.
Issues: The main questions were the legality of environmental encroachment, the status of the Mazid Banda lake, and the appropriate measures for restoration of the ecology in the area.
Ratio Decidendi: The Tribunal concluded that the lake was misidentified based on historical land records, asserting the rights of pattadars and directing necessary restoration measures to ensure environmental compliance and sustainability.
Result: Application closed.
| Table of Content |
|---|
| 1. allegations of encroachment impacting ecological systems. (Para 2 , 3 , 4 , 5 , 6) |
| 2. decision emphasizes need for restoration and compliance with environmental laws. (Para 24 , 30) |
| 3. findings confirm ecological damage and legal ambiguities. (Para 26 , 27 , 28 , 29) |
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 taken up with the help of this 501 list and other relevant records and finally, a list of 185 lakes were prepared which were existing within the G
