Tribunal on its own motion Suo Motu vs The Union of India Ministry of Environment, Forest and Climate Change

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 5049

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, J
Tribunal on its own motion Suo Motu – Appellant
Versus
The Union of India Ministry of Environment, Forest and Climate Change – Respondent

Advocates:
For the Applicant(s): Suo Motu
For the 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.

Table of Content
1. suo motu proceedings initiated based on media encroachment report. (Para 1 , 2)
2. joint committee investigation reveals encroachments affecting lake. (Para 3 , 4 , 10)
3. environmental degradation leads to loss of water body functionality. (Para 6 , 8 , 28)
4. restoration proposals under consideration for area management. (Para 22 , 23 , 34)
5. acceptance of private land ownership over lake designation. (Para 30 , 31)

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 irr

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2024 Supreme(Online)(NGT) 5049

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)Pushpa Sathyanarayana, JTribunal on its own motion Suo Motu – AppellantVersusThe Union of India Ministry of Environment, Forest and Climate Change – Respondent

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, J
Tribunal on its own motion Suo Motu – Appellant
Versus
The Union of India Ministry of Environment, Forest and Climate Change – Respondent