1

Item No. 09

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(BY VIDEO CONFERENCE)

Original Application No. 185/2022

Daram Govinda Rajan

Applicant

Versus

State of Andhra Pradesh

Respondent

Date of hearing:

16.01.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Applicant:

None.

Respondent:

Mr. Siddharth Vasudev, Adv. for Andhra Pradesh PCB

.

ORDER

1.

The grievances of the applicant is against illegal encroachments of

ponds, leading to damage of Kolleru lake in West Godavari and Krishna

Districts of Andhra Pradesh with alleged connivance of concerned

authorities.

2.

Vide order dated 19.04.2022, this Tribunal constituted a Joint

Committee comprising of the National Wetland Committee, Andhra

Pradesh Wetland Authority, the State PCB and the District Collectors of

West Godavari and Krishna Districts which gave its reports dated

27.09.2022 and 19.12.2022.

2

3.

Vide order dated 06.12.2022, the Tribunal noted that the same issue

was being dealt by Southern Zone Bench of this Tribunal in O.A. No. 259

of 2020 (SZ). The Chief Secretary, Andhra Pradesh has filed a detailed

report before Southern Zone Bench of this Tribunal on 14.12.2021 which

is being dealt with by the said Bench. The Bench dealing with the matter

suggested that the application may be dealt with by the Southern Zone

Bench along with the pending matters. The operative part of the order is

reproduced below:-

“x

x

x

x

x

x

3.

In compliance thereof, the District Collector-Eluru, has submitted

an enquiry report vide email dated 27.09.2022 and sought further 30

days time to submit the report of the Joint Committee and relevant part

of the enquiry report is reproduced as under:-

“Joint Inspection Report on the complaint filed by Sri

K.V.R. Siva Rama Prasad, Guntur on the Kolleru Lake in

Complaint No. 2006/2022/B1.

***

The Collector 86 District Magistrate, Eluru District, Eluru has

informed in Letter No. D7/e- 1871335/2021, dated: 06.07.2022

that the Hon’ble Lokayukta has forwarded a complaint filed by

Sri K.V.R. Siva Ram Prasad, Guntur and directed to conduct

confidential probe on the allegations of the petitioner and submit

report before 11.07.2022 and also further informed that the

petitioner alleging that due to construction of 3 main roads in

Kolleru lake area drainage water got stagnated and agriculture

lands were damaged and due to chemicals mixed with the lake

water fishes, birds were dying and also alleged that from past

10 years onwards 20,000 hectares of Kolleru lake area was

unauthorizedly occupied as aqua culture lands and directed to

conduct Joint Enquiry and submit report in the matter.

In this connection, It is submitted that the Eluru Division

consisting of 8 Mandals covered by Kolleru i.e., Bhimadole,

Denduluru, Nidamarru, Pedapadu, Eluru, Unguturu, Mandavalli,

Kaikaluru. The Government has also issued notification declaring

the below +5 contour as Kolleru Wild Life Sanctuary in G.O. Ms.

No. 120 Environment, Forest, Science and Technology (For -III),

dated: 05.10.1999 according to which the following extent of

lands notified against the Mandals as noted below.

Sl.

No.

Name of the Mandal

Area in Hec.

In acres Ac, cts;

1

Eluru

9560.00

23622.76

2

Unguturu

53.71

132.72

3

3

Pedapadu

315.72

780.14

4

Denduluru

234.23

578.78

5

Nidamarru

2735.30

6758.93

6

Bhimadole

8129.00

20086.76

7

Kaikaluru

4117.81

10175.11

8

Mandavalli

2943.81

7274.15

Total

28089.58

69409.35

In this connection it is submitted that as per the orders of the

Hon’ble High Court, during the year 2006 all encroachments and

fish tanks within +5 contour (Kolleru Wild Life Sanctuary) were

demolished. Further, after demolition the land was handed over

to the Forest Department by the Revenue Department in the year

2007 and the land (Koller