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2024 Supreme(Online)(NGT) 5447
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
PUSHPA SATHYANARAYANA, Judicial Member, VIJAY KULKARNI, Expert Member
M. Venkata Reddy – Appellant
Versus
State of Telangana – Respondent
Original Application No.136 of 2023(SZ) | I.A. Nos.149 & 150 of 2024(SZ)
For Applicant(s): Mr. Shivang Singh a/w. Mrs. Mamatha Ralla
For Respondent(s):Ms. E. Niveditha represented Mrs. H. Yasmeen Ali for R1, R4 to R6. Mr. G.M. Syed Nurullah Sheriff for R2. Ms. G. Lavanya represented Mr. T. Sai Krishnan for R3. Mr. K.S. Viswanathan, Senior Advocate a/w. Mrs. T. Hemalatha/Counsel for I.A.
Flood control works exempt from EC; area development below thresholds; frivolous litigation attracts exemplary costs.
Headnote:EIA Notification, 2006, Item 8(b) mandates prior Environmental Clearance for area development projects exceeding 50 ha or 1,50,000 sq.m built-up area; S.O. 3977(E), 2018 exempts flood control works like protection walls and check dams. Applicant alleged unauthorized riverfront development near Lower Manair Dam causing ecological damage without EIA/EC. Tribunal found project areas below thresholds and irrigation works exempt, no evidence of violations. Issues framed as whether project requires EC under EIA Notification and if activities breach environmental safeguards. Ratio: Flood mitigation exempt per exemption notification; tourism components under thresholds; applicant's withdrawal post-government change questions bona fides, frivolous litigation warrants costs per Supreme Court precedents. Original Application dismissed with Rs.1,00,000 costs; project proponents at liberty to proceed with vigilance.
| Table of Content |
|---|
| 1. alleged unauthorized riverfront without eia/ec. (Para 1 , 2 , 3 , 4 , 5) |
| 2. authorities report project below ec thresholds. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. flood works exempt; tourism pending permissions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. no ec required; no evidence of violations. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. frivolous litigation attracts exemplary costs. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. dismissed with costs; liberty to proceed. (Para 35 , 36) |
JUDGEMENT
1. The present Original Application is filed by the applicant, a resident of Karimnagar, raising concerns regarding irregularities in the development and construction of the ‘Manair Riverfront Project’ at Karimnagar, Telangana, without conducting an Environmental Impact Assessment (EIA) Study and not obtaining Environmental Clearance (EC) from the appropriate authorities.
2. The project was initiated by Respondent No.4 - Telangana State Tourism Development Corporation Limited and Respondent No.6 - Irrigation Department, on the Manair River, adjacent to the Lower Manair Dam (LMD).
3. It is alleged by the applicant that authorities are engaging in large-scale activities, including blasting within the river, without proper environmental safeguards, thereby causing potential damage to the river ecosystem. Blasting near an irrigation dam poses a severe risk due to high vibrations that may lead to structural damage, cracks, or even a dam failure, resulting in disastrous consequences. The blasting activities are contributing to air and noise pollution, adversely affecting the residents of Karimnagar. The ecosystem of the Manair River is being negatively impacted by these activities, which are occurring alarmingly close to the Lower Manair Dam.
4. It is further alleged that the riverfront project includes the construction of a check dam, flood banks, recreational spaces, open-air theatres, tourist attractions, and a boating area. Large- scale construction activities are being carried out using heavy equipment and vehicles, exacerbating environmental degradation. The Manair Riverfront Project falls under the category of ‘Area Development Projects’ as per the EIA Notification, 2006 (Category B) and requires prior Environmental Clearance.
5. Hence, the applicant filed this Original Application seeking the following reliefs:-
“a. Direct the project proponent to execute the Maneru River Front Project only after conducting Environment Impact Assessment (EIA) studies and after obtaining appropriate Environment and other clearances from TSEIAA/ Union Ministry of Environment, Forest and Climate Change and Telangana State Pollution Control Board.
b. Direct the Project Proponent and Respondents of Telangana not to construct permanent structures on floodplains, within river contrary to the guidelines of MoEF and Union Ministry of Housing and Urban Development.
c. Direct the regulatory agencies to assess the damage caused to the Maneru river and its surroundings by the project proponent.
d. Direct the Official Respondents to restore the damaged area.”
6. Considering the gravity of the issue raised, this Tribunal admitted the matter and issued notice to respondents through the Tribunal as well as privately. Upon notice, the respondents entered appearance through their counsel and filed their respective pleadings.
7. The Ministry of Environment, Forests and Climate Change (MoEF&CC) / Respondent No.2 has filed a counter affidavit dated 16.10.2024, stating that the Environmental Impact Assessment (EIA) Notification issued by the MoEF&CC regulates the construction of new projects or expansion/modernization of existing ones, requiring prior Environmental Clearance (EC) under sub-section (3) of Section 3 of the said Act.
8. The counter affidavit states that with reference to the applicant’s allegations, the MoEF&CC conducted a site inspection through its Hyderabad Regional Office on 17.05.2024, with officials from the Telangana Irrigation and Tourism Departmen
