BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Thursday, the 13^th day of February, 2025.

Original Application No. 97 of 2023 (SZ)

(Through Video Conference)

IN THE MATTER OF Santhan Vellapalem, Kothapalem Village, Thotapalli, Gudur Mandal, Nellore District, Andhra Pradesh- 524346.

...Applicant(s)

Versus

1. The District Collector, Nellore District, District Collectorate, Achari St. VRC Centre, Nellore, Andhra Pradesh- 524001.

2. Environmental Engineer, A.P. Pollution Control Board, Regional Office, Plot No.1, Prasanthi Road, Nellore Club, Podalakur Road, Nellore- 524003.

3. Additional Director of Fisheries, Matsya Bhavan, Near R.T.O Office, Bhaktavatasala Nagar, Nellore 524 004.

4. The Engineer-in-Chief (Irrigation)

Water Resources Department, Government of Andhra Pradesh, Irrigation Compound, Governerpeta, Vijayawada, Krishna District.

...Respondent(s)

For Applicant(s): M/s. D. Phani Ratnam, M. Narasimha &

Kum. D. Sreeyutha.

For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R4.

Judgment Reserved on: 3^rd February, 2025.

CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above case has been registered by the Principal Bench of the National Green Tribunal, New Delhi as Original Application No.230 of 2023 (PB) based on the complaint received from one Mr. Santhan Vellapalem, Andhra Pradesh which has been transferred to this Bench and renumbered as Original Application No. 97 of

2023 (SZ).

2. The grievance in the letter petition is that there is an irrigation canal which is source of agriculture to the farmers including the complainant, who are cultivating paddy for the last several decades. The source of water for irrigation is the said canal. However, in the recent times, some persons are drawing water from the canal for aqua agro activities like fisheries, etc. The polluted water drawn from canal is being retransmitted/discharged in the canal, polluting canal water, making it unfit for agriculture and thereby causing huge water pollution including contamination of ground water. The polluted water is also causing damage to farmers crops and yield of the crop has reduced by almost 50%.

3. To assess the grievance, the Tribunal constituted a Joint Committee comprising of State Pollution Control Board, Department of Fisheries, Coastal Aquaculture Authority, Chennai, Department of Irrigation and District Magistrate Nellore and directed the Committee to visit the site and submit a factual report.

4. The Joint Committee filed its report dated 09.09.2023. The Joint Committee visited the aquaculture ponds adjacent to paddy fields on 10.08.2023. The observations made by the Joint Committee are as follows:

(i) The applicant was the first individual to combine excavation and aquaculture on the same land, where he has been cultivating paddy for the past 60 years. Over time, the applicant inspired and encouraged neighbouring farmers to adopt aquaculture practices, leading them to transform their agricultural lands into aquaculture ponds. Recently, the applicant converted his own aquaculture pond back into agricultural land, where he has been successfully cultivating paddy for the past six years only.

(ii) As per the field surveyors report of the Revenue Department, the canal water source is an existing patta canal owned by the Aqua farmers. The aquaculture farmers have excavated the seepage channel perpendicular to the existing patta canal to discharge the used water from their aqua ponds to avoid the seepage water into the neighbouring paddy fields.

(iii) All the aquaculture ponds in Kothapalem village of TP Gudur Mandal are located under Aqua zonation as notified as per the guidelines issued G.O. Ms. No. 16, AHDDF (Fish-II) Department dated 20.04.2018.

(iv) There are 15 aquaculture ponds covering an extent of 15.25 acres, belonging to 09 farmers located adjacent to the applicant’s land, out of which only 04 farme