National Green Tribunal
Patanjali Sastry vs State Of Andhra Pradesh Rep By Its Chief ... on 28 January, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.3 (i & ii):-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday, the 28th day of January 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.03 of 2023 (SZ)
WITH
Original Application No.16 of 2023 (SZ)
IN THE MATTER OF
Dr. Patanjali Sastry
R/o. 86-4-16/1,
Vadrevu Nagar,
Rajahmundry - 533 103.
Andhra Pradesh.
... Applicant(s)
Versus
1) Union of India
Rep. by its Secretary,
Ministry of Environment, Forest and Climate Change
Indira Priyadharshini Bhavan,
Jorbagh, New Delhi - 110 003.
2) State of Andhra Pradesh
Rep. by its Chief Secretary,
Secretariat,
Velagapudi, Guntur District,
Andhra Pradesh - 522 503.
3) State of Andhra Pradesh
Rep. by its Principal Secretary
Department of Animal Husbandry and Fisheries,
Secretariat, Velagapdui,
Guntur District,
Andhra Pradesh - 522 503.
4) Andhra Pradesh Pollution Control Board
Rep. by its Member Secretary
D.No.33-26-14/D2,
Near Sunrise Hospital,
Pushpa Hotel Centre,
Chalamavari Street, Kasturibaipet,
Vijayawada, Andhra Pradesh - 520 010.
5) Wildlife Preservation Southern Region
Rep. by its Regional Director,
C-2/A, Rajaji Bhawan,
Basant Nagar, CGO Complex,
Chennai - 600 009.
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6) National Wetland Authority
Rep. by its Member Secretary,
Paryavaran Bhavan, Jorbagh,
New Delhi - 110 002.
7) Andhra Pradesh State Wetland Authority
Rep. by Principal Chief Conservator of Forests &
Head of Forest Force and
Principal Chief Conservator of Forests (WL) &
Chief Wildlife Warden (FAC)
Aranya Bhavan, K.M. Munshi Road,
Nagarampalem, Guntur - 522 004,
Andhra Pradesh.
8) The State of Andhra Pradesh
Irrigation and Water Resources Department,
O/o. The Engineer-in-Chief (Admin.),
Water Resources Department,
4th Floor, Jalasoudha,
Irrigation Compound, Governorpet,
Vijayawada - 520 002
NTR District, Andhra Pradesh.
9) Andhra Pradesh Coastal Zone Management Authority
Rep. by its Chairman
Chalamavari Street,
Kasturibaipeta,
Vijayawada - 520 010,
Andhra Pradesh.
...Respondent(s)
WITH
Dr. T. Patanjali Sastry
86-4-16/1, Vadrevu Nagar,
Raja Mahendravaram,
Andhra Pradesh - 533 103.
... Applicant(s)
Versus
1) State of Andhra Pradesh
Through Chief Secretary,
Government of Andhra Pradesh,
Building 1, 1st Floor,
Interim Government Complex,
A.P. Secretariat, Velagapudi,
Guntur, Andhra Pradesh.
2) The Chairperson
National Wetlands Committee
Ministry of Environment, Forest & Climate Change,
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi - 110 003.
3) Principal Secretary
Environment
Government of Andhra Pradesh,
Aranya Bhavan, K.M. Munshi Road,
Nagarampalem, Guntur - 522 004,
Andhra Pradesh.
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4) Andhra Pradesh State Wetland Committee
Chief Conservator of Forests &
Head of Forest Force and
Principal Chief Conservator of Forests (WL) &
Chief Wildlife Warden (FAC).
5) Principal Chief Conservator of Forests
Government of Andhra Pradesh,
Aranya Bhavan, K.M. Munshi Road,
Nagarampalem, Guntur - 522 004,
Andhra Pradesh.
6) Andhra Pradesh Pollution Control Board
APPCB D.No.33-26-14/D2,
Near Sunrise Hospital,
Pushpa Hotel Centre,
Chalamalavari Street, Kasturibaipet,
Vijayawada - 520 010.
7) District Magistrate
Krishna,
Collectorate Main Building,
Collectorate, Chilakalapudi,
Machilipatnam - 521 002.
8) District Magistrate
Godavari,
National Academy of Construction,
Near Horlicks Factory, Dowleswaram,
Rajamahendravara.
...Respondent(s)
O.A. No.03/2023 (SZ):
For Applicant(s): Ms. Pranali Tayade represented
M/s. Sravan Kumar, K.M. Meenal, Mohit K Jakhar,
Medha Singh & P. Santhosh Kumar.
For Respondent(s): Dr. C.K. Syed Shaffi for R1.
Mrs. Madhuri Donti Reddy for R2 to R4, R7 to R9.
O.A. No.16/2023 (SZ):
For Applicant(s): Dr. T. Patanjali Sastry (Party-in-Person)
None Appeared.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R3 to R8.
Judgment Reserved on: 18th December, 2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The applicant, who is a retired Principal of the Government College, has been striving for the protection of the Kolleru Lake for the last three decades. Kolleru Lake is said to be one of Asia's largest freshwater ecosystems and also a Ramsar site of international importance. Renowned for its biodiversity and critical role; in supporting the migratory bird population, the lake is now threatened by encroachments, pollution and sustainable development. Failure to protect the lake by the State Government, based on the previous ruling of the Hon'ble Supreme Court of India as well as the Hon'ble High Court of Andhra Pradesh, these applications are filed to safeguard the Kolleru Lake.
2. The applicant initially sent a letter petition dated 29.04.2022 to the Principal Bench of the National Green Tribunal, New Delhi, which was treated and registered as Original Application No.598 of 2022 (PB). Subsequently, it was transferred to this Bench and renumbered as Original Application No.16 of 2023 (SZ). In the meantime, the applicant filed another application, Original Application No.03 of 2023 (SZ), through counsel before this Bench on the same issue.
3. Since both Original Applications concern the same matter, they were taken up together for consideration.
4. The applicant refers to G.O. Ms. No.63 Water Resources (Projects - II) Department dated 02.12.2020, in and by which, the Government of Andhra Pradesh has proposed six projects in the name and style of 'Andhra Pradesh - Krishna Kolleru Salinity Mitigation Projects Corporation Limited (AP- KKSMPCL)'. The above G.O. delineates six key infrastructure initiatives, including construction of barrages, regulators, and sluices. The above said six projects have a capital outlay of Rs.2,952 Crores and more projects will be added in future based on the requirement.
Page 4 of 115. However, the grievances of the applicant are, i. The projects were launched without any detailed scientific or ecological study. Expert inputs from wetland specialists, wildlife conservationists, and hydrologists were not sought.
ii. The requisite approvals from the statutory bodies viz., MoEF&CC and National Board for Wildlife (NBWL) were not obtained by the Project Proponent.
iii. Construction activities such as regulators and roads within the lake ecosystem would primarily alter its hydrological patterns, threatening biodiversity and aquatic habitats.
iv. Addressing the widespread encroachments and illegal aquaculture that have degraded the lake's ecosystem, the State, instead of taking action against the encroachments that have reduced the size of the historical lake, has taken measures to further damage the lake by proposing the regulators.
6. The applicant has also listed the judicial interventions on the Kolleru Lake.
i. In T.N. Godavarman Thirumulpad Vs. Union of India reported in (2006) 5 SCC 47, the Hon'ble Supreme Court had directed strict enforcement of environmental laws to protect wetlands, declaring encroachments and illegal aquaculture activities as violative of the Environment (Protection) Act, 1986. It ordered the demolition of the fish ponds and immediate cessation of harmful activities.
ii. In W.P. No.33587 and batch case [Patanjali Sastry Vs. Chairman, APPCB & Ors.] reported in 2001 SCC OnLine AP 647, the Hon'ble High Court of Andhra Pradesh held that a duty was cast not only on the Government of India but also on the State Government to see that the Kolleru Lake is preserved and protected from pollution and encroachment.
Page 5 of 11iii. The applicant also referred to Original Application No.259 of 2020 and Original Application No.02 of 2021, wherein this Tribunal had expressed dissatisfaction with the inaction of the State Government and the APPCB on environmental violations found by them.
7. On the above averments, the applicant has sought for a declaration that the action of the Government of Andhra Pradesh in proposing the construction of the regulators on Kolleru Lake vide G.O. Ms. No.63 dated 02.12.2020 and further actions thereon are illegal and against the provisions of the environmental laws.
8. In the Andhra Pradesh Pollution Control Board (APPCB)'s report dated 09.03.2023, in response to the direction to furnish the information regarding the challenge to G.O. Ms.63 dated 02.12.2020, it is stated that no challenge has been made so far. As regards the necessary clearances for the structures proposed which fall under Wetland/ Wildlife Sanctuary/ CRZ areas and otherwise, require clearance under environmental laws, etc., the APPCB has stated that they had not received any application from the Water Resources Department, Government of Andhra Pradesh in the matter. The status of the structures of the above regulators is in the finalization of the tender process and there is no physical progress initiated by the Water Resources Department in the above matter.
9. In the subsequent report dated 20.08.2024 of the APPCB, it is stated that the Water Resources Department issued G.O. Rt. No.360 dated 22.02.2022 for construction of regulator across Upputeru near Dumpagadapa Village, Akividu Mandal, West Godavari District. Similarly, the Water Resources Department had issued G.O. Rt. No.361 dated 22.02.2022 for construction of regulator cum bridge cum lock on Upputeru straight cut in Padatadika Village, Moglatur Mandal, West Godavari District. Yet another G.O. Rt. No.362 dated 22.02.2022 issued for the construction of regulator cum bridge cum lock on Upputeru, Mollaparru Village, West Godavari District.
Page 6 of 1110. The above reports of the APPCB are silent about the clearances, if any, obtained by the Project Proponent/Water Resources Department.
11. The Principal Chief Conservator of Forests (PCCF)/ 7th Respondent, in its report, has stated that out of the total lake area of 2,25,250 Acres (approx.), only up to 77,138 Acres have been declared as wildlife sanctuary in the year 1999. The Government has issued a final notification under Section 26 A of the Wildlife (Protection) Act, 1972 vide G.O. Ms.120 dated 04.10.1999, declaring the Kolleru Lake as a wildlife sanctuary. It is stated that the lake receives inflow from the Budameru, Ramileru, Tammileru, Gunderu, and Yerrakalva and is connected to the Krishna and Godavari Irrigation Systems by over 67 major and minor notified drains and 46 non-notified drains.
12. It is further stated that the Kolleru is a wetland with naturally fluctuating hydrological regimes. The Wetlands (Conservation and Management) Rules, 2017 is applicable to the wetlands categorized as 'Wetlands of International Importance' under the Ramsar Convention. The Hon'ble Supreme Court of India had upheld the directions of the Central Empowered Committee appointed by it and issued certain directions which include the use or transportation of inputs for pisciculture such as chemical fertilizer, farmyard manure, poultry manure and oil cakes shall not be allowed in the Kolleru Wildlife Sanctuary. All fish tanks constructed inside the sanctuary shall be demolished in time- bound manner. In compliance with the above orders, "Operation Kolleru - 2006" led to the demolition of 1,776 tanks across 43,724 Acres within the sanctuary. The lands were consolidated by the Revenue Department and handed over to the Forest Department. Post 'Operation Kolleru-2006', boundaries were partially enforced. Seasonal flooding and water recession led to recurring aquaculture activities, with villagers rebuilding bunds. The area of Ziroyati lands extends to 14,861.33 Acres that remain unacquired, which were with the individual farmers for fixing up the suitable compensation. So far as the patta lands are concerned, G.O. Ms.120 dated 04.10.1999 permits traditional agriculture. However, the farmers have requested permission to use chemical fertilizers for higher yield which is currently prohibited. Proposals Page 7 of 11 for compensation totalling Rs.655.48 Crores under Compensatory Afforestation Management and Planning Agency (CAMPA) Funds were denied by the MoEF&CC. The sanctuary is also managed through habitat protection, improvement, research, monitoring, ecotourism and awareness creation. The Forest Department engages staff and deploys base camps, strike forces and check posts for enforcement. Regarding encroachment status within the Kolleru Sanctuary in the year 2006-07 to 2022-23, 633 cases have been registered, primarily related to aquaculture. Many of these cases are repeated offences due to seasonal activities and partial enforcement.
13. The State Government vide G.O. Rt. No.101 dated 25.11.2021 had decided to demarcate the physical boundaries of Kolleru Lake on the ground with pillars by using the latest technologies in surveying of the land by meeting the expenditure from CAMPA fund. Regarding the proposed regulators, the PCCF has stated that as per the G.O. Ms.63 dated 02.12.2020, one regulator at Padathadika falls within the sanctuary's default Eco Sensitive Zone. However, no construction has commenced and relevant permissions are pending. The Divisional Forest Officer, Eluru has requested verification of the regulator locations to ensure compliance with applicable laws.
14. The 8th Respondent (Water Resources/Irrigation Department - Andhra Pradesh), in its report 27.08.2024, has stated that no activity has taken place as on date in the above said subject locations, as the revised administrative approvals are awaited from the Government for taking necessary action and the Water Resources/Irrigation Department undertakes to obtain all necessary permissions from the concerned departments required as per law, after which only the work will be commenced.
15. The 9th Respondent/Andhra Pradesh Coastal Zone Management Authority (APCZMA), in its report dated 23.02.2024, has stated that based on the geo-coordinates of the proposed regulators plotted on the Coastal Zone Management Plans (CZMPs) prepared as per the CRZ Notification, 2011, following points were observed:-
Page 8 of 11a. The regulator proposed across Upputeru near Dumpagadapa does not fall in the CRZ area, as it is located beyond CRZ limits.
b. The regulator cum bridge cum lock on Upputeru straight cut proposed near Padatadika Village, and the regulator cum bridge cum lock on Upputeru river near Mollapuram are falling in the CRZ limits. Hence, the Water Resources Department is required to obtain clearance under the CRZ Notification, 2011 for these two projects from the APCZMA before starting construction.
16. The report also further added that the APCZMA has not received any application from the Water Resources Department so far.
17. Heard the learned counsel appearing for the applicant as well as the respondents.
18. The allegation of the applicant is that the precious wetland ecosystem of Kolleru is wiped out, resulting in the lake's degradation. When the wetland is a Ramsar site and an important bird area owing to its fame as a magnificent migratory bird habitat, it is alleged that the Government of Andhra Pradesh have failed to implement the orders of the Hon'ble Supreme Court. The Government of Andhra Pradesh has not taken any effective steps to prevent illegal fish farming and there is no sensible ecotourism in place, which would have provided livelihoods to the poor. While so, the Government of Andhra Pradesh had issued Government Orders, intending to construct three regulators cum roads across the tidal water channel/ Upputeru/ channel, a part of the Kolleru ecosystem and CRZ. Regulators are meant to mitigate the salinization of the channel and the lake owing to the ingress of seawater. The said project is now being opposed by the applicant.
19. Responses given by the authorities on this issue are referred to above, which categorically and clearly indicate that the said proposal, based on the G.O. Ms. No.63 dated 02.12.2020, Page 9 of 11 cannot be proceeded, without obtaining necessary statutory approvals and complying with the environmental laws and procedures. To be noted is that there is no challenge to the G.O. Ms.63 dated 02.12.2020.
20. It is admitted that the Kolleru Lake is a Ramsar Wetland of international importance and declared as a Wildlife Sanctuary and it is also protected under national and international frameworks, which mandate strict adherence to ecological safeguards.
21. The report of the APPCB highlights the requisite clearance under the EIA Notification as well as under the CRZ Notification. The APPCB on its behalf has stated that so far, they have not received any application from the WRD for obtaining consent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
The APCZMA also has stated that the Upputeru River near Mollapuram falls within the CRZ limits and the WRD is required to obtain clearance under the CRZ Notification for the two projects from the APCZMA before starting construction.
22. Besides, the above reports also reveal that the past directives of the judicial and statutory bodies remain only partially implemented. Continued encroachments, the resumption of illegal aquaculture, and insufficient enforcement mechanisms have undermined conservation efforts. The protection of Kolleru Lake is not only a legal obligation but also a vital step toward preserving its unique biodiversity and the livelihoods of those dependent on its ecosystem.
23. Considering the potential adverse impacts on the lake's hydrology, biodiversity and eco-sensitive zone, it becomes imperative that the competent authorities evaluate the ecological and hydrological implications of these projects comprehensively.
24. Given the Kolleru Lake's ecological significance and the obligations under the Ramsar Convention and domestic environmental law, it is exigent that all steps be taken to uphold the integrity of this vital ecosystem. Therefore, unless the Page 10 of 11 authorities ensure that the proposed activities are carried out in strict conformity with the legal requirements, the proposal should not be allowed to proceed.
25. Unless the Water Resources Department obtains required clearances viz., Environmental Clearance from the MoEF&CC, CRZ Clearance from the APCZMA, Consent from the APPCB, and Approval from the NBWL, the project cannot be proceeded with.
26. With the above observations and directions, the Original Applications [O.A. Nos.03 & 16 of 2023 (SZ)] are disposed of.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.03/2023 (SZ) O.A. No.16/2023 (SZ) 28th January, 2025. Mn.
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