Restoration of water bodies is mandated by law, addressing unauthorized encroachments while considering practical constraints in compliance enforcement.

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. Both the above-captioned Original Application and Execution Application have been filed by Gareeb Guide (NGO), represented by its President, highlighting grave environmental concerns arising from the unauthorized occupation and conversion of ‘Kakarla Pond’, located in Survey No.59 of Chinnadugam Village, Jalumuru Mandal, Srikakulam District, Andhra Pradesh.

2. It is alleged in the Original Application that despite the land being classified as ‘Government poramboke’ (tank), various unauthorized developments such as the construction of a school, panchayat office, temporary houses, and illegal cultivation have been permitted by the District Collector, Srikakulam District (Respondent No.2).

3. The Applicant has relied upon the report of the Tahsildar (vide R.C. No.197/2020, dated 07.05.2020), which states that the original tank has disappeared as a result of the encroachments. Further, the actions violate G.O. Ms. No.571 dated 14.09.2012, which prohibits alienation or reclassification of tank bed lands. Despite media reports highlighting the issue, no remedial action has been taken.

4. The Applicant also relied upon judicial precedents of the Hon’ble Supreme Court and Hon’ble High Court orders, which mandate the protection of water bodies and penal action against defaulting officials.

5. The Applicant further stated that the continued inaction of the authorities and the encroachments pose a substantial environmental question affecting the local ecosystem and the community at large. If not addressed, the damage to the environment will be irreversible.

6. Hence, the Applicant seeks directions from this Tribunal for legal action against authorities who facilitated illegal encroachments in Kakarla Pond (Sy. No.59), removal of unauthorized structures such as schools, shops, and houses, and restoration of the pond to its original condition.

7. While issuing notices to the respondents, this Tribunal constituted a Joint Committee, vide Order dated 02.07.2020, to ascertain the genuineness of the allegations made in the application, comprising

(i) a Senior Officer from the Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai,

(ii) a Senior Officer from the Lake Protection Committee, Hyderabad and

(iii) the District Collector, Srikakulam. Further, the Committee was directed to inspect the site, verify the revenue records to ascertain the existence, nature, and historical use of the pond in the subject area, determine the onset of encroachments, and examine the steps taken by the State authorities to remove such encroachments and protect the water body, and to submit a factual as well as action taken report in case of any violations found.

8. Upon notice, the respondents entered appearance through the standing counsel and both parties filed their respective pleadings.

9. The Joint Committee, appointed by this Tribunal, has filed a report on 01.02.2021, wherein it is stated that a joint inspection was conducted on 20.01.2021 at the site of Kakarla Pond (Sy. No. 59) by officials from the Revenue Department, Andhra Pradesh Pollution Control Board (APPCB), Irrigation Department, and other relevant authorities. As per revenue records (Settlement Fair Adangal, FMB, and VA No.3), the land measures 12.75 Acres and is classified as government poramboke tank land (“Kakarlavani Tank”). However, there is no visible tank structure on the ground.

10. With respect to encroachments and occupation, it is stated that 89 families are residing in the area; 32 possess valid house site pattas issued since 1988, while pattas for the remaining 57 are reportedly mi