National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 18 December, 2024
Item No.1:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Wednesday, the 18th day of December 2024.
(Through Video Conference)
Original Application No.03 of 2021 (SZ)
IN THE MATTER OF
Tribunal on its own motion Suo Motu based
on the news item published in The Hindu
newspaper dated 06.12.2020, titled "Lake
encroachment in full swing at Mazid
Banda"
With
1) The Union of India
Ministry of Environment, Forest and Climate Change,
Rep. by its Secretary,
Indira Paryavaran Bhavan, Jorbagh Road,
New Delhi - 110 003.
2) The Principal Secretary of Telangana
Environment, Science and Technology,
A-3, Paryavaran Bhavan, Sanath Nagar Road,
Sanath Nagar Industrial Estate,
Sanath Nagar, Hyderabad,
Telangana - 500 018.
3) The Principal Secretary to Govt. of Telangana
Irrigation and CAD Department,
Jala Soudha, Erram Manzil Colony,
Punjagutta, Hyderabad, Telangana - 500 082.
4) The Commissioner
Greater Hyderabad Municipal Corporation,
CC Complex, Tank Bund Road,
Lower Tank Bund, Hyderabad - 500 063.
5) The Member Secretary
Telangana State Pollution Control Board
A-3, Paryavaran Bhavan, Sanath Nagar Road,
Sanath Nagar Industrial Estate,
Sanath Nagar, Hyderabad,
Telangana - 500 018.
6) The Metropolitan Commissioner
Hyderabad Metropolitan Development Authority,
Swarna Jayanti Complex,
Sanjeeva Reddy Nagar Road,
Srinivasa Nagar, Ameerpet,
Hyderabad - 500 038.
Page 1 of 16
7) The District Collector
Hyderabad District,
Nampally, 5-8-505, Chirag Ali Lane, Abids,
Hyderabad, Telangana - 500 001.
8) Chairman
Hyderabad Metropolitan Development Authority,
Lake Protection Committee,
Block - A, Buddha Purnima Building,
HMDA Complex, Tarnaka,
Hyderabad - 500 007.
9) The Principal Chief Conservator of Forests (PCCF)
Head of Forest (Telangana)
Aranya Bhavan, Saifabad,
Hyderabad - 500 004.
10) M. Raju Yadav
S/o. M. Durgaiah (Late)
R/o. H.No.1-59-15/1, Maseed Band,
Kondapur Village, Serilingampally Mandal,
Ranga Reddy District.
11) M. Yadaiah
S/o. M. Durgaiah (Late)
R/o. H.No.1-5, Maseed Band,
Kondapur Village, Serilingampally Mandal,
Ranga Reddy District.
12) Shaik Ibrahim
S/o. Shaik Omer (Late)
Aged about 66 years,
R/o. H.No.9-4-86/26, Salarjung Colony,
Towlichowki, Golconda, Hyderabad.
13) Shaik Taher
S/o. Shaik Omer (Late)
Aged about 63 years,
R/o. H.No.9-4-86/26, Salarjung Colony,
Towlichowki, Golconda, Hyderabad.
14) Shaik Shafeeq Ahmed
S/o. Shaik Omer (Late)
Aged about 52 years,
R/o. H.No.9-4-86/26, Salarjung Colony,
Towlichowki, Golconda, Hyderabad.
15) Shaik Asif
S/o. Sahik Abdullah (Late)
Aged about 44 years,
R/o. Salarjung Colony,
Towlichowki, Hyderabad.
16) Shaik Javeed
S/o. Sahik Abdullah (Late)
Aged about 41 years,
R/o. Salarjung Colony,
Towlichowki, Hyderabad.
17) Shaik Wajeed
S/o. Sahik Abdullah (Late)
Aged about 34 years,
R/o. Salarjung Colony,
Towlichowki, Hyderabad.
Page 2 of 16
18) Shaik Sajid
S/o. Sahik Abdullah (Late)
Aged about 30 years,
R/o. Salarjung Colony,
Towlichowki, Hyderabad.
[R12 to R18 were impleaded vide Order
dt.12.10.2023 in I.A. No.74 of 2023 (SZ)]
...Respondent(s)
For Applicant(s): Suo Motu.
For 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.
Judgment Reserved on: 26th November, 2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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.
Page 3 of 163. It is also alleged in the report that as per the irrigation records, the lake receives its inflows upstream from Kudikunta on one side, and Pochamma kunta on the other, both within Kondappur village limits. Excess water from the lake flows into Gopi Cheruvu downstream. All its inflow and outflow channels have been heavily encroached and blocked by constructions. This has resulted in heavy flood in the area.
4. On going through the allegations made in the newspaper report, this Tribunal was satisfied that there arises a substantial question of environment which requires the interference of this Tribunal. Therefore, the matter was registered Suo Motu and in order to ascertain the genuineness of the allegations, this Tribunal appointed a Joint Committee comprising of the (1) District Collector - Hyderabad District, (2) Senior Officer from Irrigation and CAD Department, Hyderabad, Telangana, (3) Commissioner - Greater Hyderabad Municipal Corporation (GHMC) (4) Senior Officer from Hyderabad Metropolitan Development Authority (HMDA), (5) Telangana Lake Protection Committee and (6) Senior Officer from Telangana Sate Pollution Control Board to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
5. The Joint Committee was directed to go into the question of the extent of encroachment as per the notification issued with Full Tank Level (FTL), buffer zone if any, nature of encroachment if any, action taken against the encroachers, pollution caused due to deposit of garbage and discharge of untreated sewage, whether there is any encroachment in respect of inlet and outlet water channels which drains water to the lake and discharges excess water from other lakes and if there is any encroachment found, what is the nature of action taken by the authorities in order to mitigate the situation and also to remove the encroachments made.
6. The Joint Committee was also directed to ascertain as to whether the water quality in the lake has been affected on account of any illegal discharge of the sewage or effluents and if so, what are the remedial measures to be taken to rectify the Page 4 of 16 same. The committee was further directed to ascertain as to whether there was any scheme for protecting such notified water bodies in the State of Telangana and if so, what is the stage of its implementation in the State.
7. The Joint Committee report was filed on 20.08.2021 based on their inspection dated 06.05.2021. The Joint Committee has submitted that originally a list of 501 Lakes where existing in old Hyderabad Urban Development Area (HUDA) and Municipal Corporation of Hyderabad (MCH) areas and out of these 501 lakes, around 176 Lakes exist in the present GHMC area. The lake Mazid Banda is not among 501 lakes. It was also submitted that the identification of the lakes within GHMC area is taken up with the help of this 501 list and other relevant records and finally, a list of 185 lakes were prepared which were existing within the GHMC limits. The Mazid Banda lake was not among the finalized list also. The HMDA identified 455 lakes inside ORR with the help of NGRI and uploaded in HMDA website. The Mazid Banda Lake is one of the lakes among the list with SI.No.377, ID No.3752. As per draft guidelines for fixation of FTL, the Mazid Banda tank FTL survey was conducted and FTL map was prepared. The HMDA uploaded the draft notification of Mazid Banda Lake with Lake Id No.3752 in HMDA Website.
8. The land owner Sri M. Yadaiah & Others, Hyderabad have raised objections to the draft notification and requested to de notify the Sy.Nos.123, 124, 125, 128, 143 and 145 of Kondapur(V), Serilingampally (M), R.R. District which fell in FTL of Mazid Banda Cheruvu. Based on petitioner objections, a letter was addressed to the Deputy Collector & Tahsildar, Serilingampally (M) and requested to verify past revenue records including Khasara Pahanies for the year 1954-55 in respect of Sy.Nos.123, 124, 125, 128, 143 and 145 of Kondapur Village, Serilingampally Mandal, to ascertain whether any tank was recorded as shikam land or patta shikam land for taking further necessary action in the matter. The Tahsildar in turn has reported that the matter had been enquired by the MRI and records have been verified. As per the Khasra, the land Sy.Nos.123 (Ac.0-07gts), 124 (Ac.0-23gts), 125 (Ac.1- 30gts), 128 (Ac.1-13gts), 143 (Ac.0-15gts) & 145 (Ac.0-07gts) were classified as 'Patta' and recorded in the name of Buyya Page 5 of 16 Lachmaiah & Buyya Pochaiah. As per Pahani for the year 2005-06 the land in Sy.Nos.123 (Ac.0-07gts), 124 (Ac.0-23gts), 125 (Ac.1- 30gts), 128 (Ac.1-13gts), 143 (Ac.0-15gts) & 145 (Ac.0-07gts) were classified as 'Patta' and recorded in the names of Maraboina Durgaiah S/o Mallaiah, Maraboina Yaddaiah S/o Durgaiah, Maraboina Krishna S/o Durgaiah & Maraboina Raju S/o Duragaiah as pattedars. As per draft notification uploaded in HMDA website, with ID No.3752, the part of Sy.No.128 belonging to petitioner is covered in FTL of Mazid Banda lake. The location of tank has been verified with Survey of India Topo sheet and it is noticed that a stream is passing through the subject location.
9. Further, the Mazid Banda lake is located in Maseed banda, Kondapur village, Serilingampally Mandal, Ranga Reddy District observed that as per revenue records i.e., Khasra Pahani the land in Sy.Nos.123 (0-07), 124 (0-23), 125 (1-30), 128 (1-
13), 143 (0-15) and 145 (0-19) are classified as patta lands and as per Pahani for the year 1985-86, the land in Sy.Nos.123 (0-07), 124 (0-23), 125 (1-30), 128 (1-13), 143 (0-15) and 145 (0-19) are classified as patta and recorded in the name of Buyya Balaraj S/o Lachmaiah, Buyya Pochaiah S/o Balaiah as pattadar. Further, as seen from the Pahani for the year 2004-05, the land in Sy.Nos.123 (0-07), 124 (0-23), 125/A (1-10), 128 (1-13), 143 (0-
15) & 145/A (0-12) are classified as patta and recorded in the names of Maraboina Durgaiah S/o Mallaiah, Maraboina Yadiah S/o Durgaiah, Maraboiana Krishna S/o Durgaiah, Maraboina Raju S/o Durgaiah as pattadars, the land in Sy.No.125 extent Ac.0-20 gts., is classified as patta and recorded in the name of Buyya Balraj S/o Lakshmaiah, Pochaiah S/o Balaiah, the land in Sy.No.144 extent Ac.0-27 gts., is classified as patta and recorded in the name of B Balraj & others and Sy.No.145 extent Ac.0-07 gts., is classified as patta and recorded in the name of Singavarapu Leelavathi W/o Suresh & others as pattadars.
10. During the joint inspection, the surplus course from Kudi Kunta i.e., upstream tank to this location has been obstructed, encroached and diverted along the boundary of subjected lands due to construction of a group of apartments along its natural course on downstream. Presently the water that got Page 6 of 16 stagnated is due to open sewer drains discharging into the stream. However, on the ground there is exist a Nala boundary but are no tank appurtenant components like bund, sluice and weir at that location. Further observed that a huge quantity of gravel is stagnated adjacent to the surplus course passing from Kudi Kunta to Gopi Cheruvu which causes the blockage of free flow of surplus course.
11. As per village map and Revenue records there is no kunta in the subject lands, but it is notified by HMDA vide Lake ID No.3752. The joint inspection report of Deputy Collector & Tahsildar, Serilingampally Mandal and Executive Engineer, North Tanks Division, Hyderabad, Dt.12.01.2021. A Writ Petition was filed by the land owner Sri M. Raju Yadav, questioning the FTL draft notification uploaded in HMDA bearing No.1404/HMDA/EE L&P/2013-14, Dt.23.02.2014 which is pending in Hon'ble High Court.
12. The MoEF&CC has filed an action taken report regarding the encroachment of Mazid Banda Cheruvu, which is as follows:-
"The Integrated Regional Office (IRO), Hyderabad of this Ministry vide its monitoring report of Mazid Banda Cheruvu dated 23.06.2021 confirmed that the size of Mazid Banda Cheruvu has been diminished from all sides due to construction activities, Mazid Banda Cheruvu has been totally dumped by construction debris and also construction temporary labour sheds and the inflow and outflow of the lake are totally blocked due to dumping of debris.
As communicated vide this Ministry's letter No. J22012/48/2016-CS(W) dated 07.11.2017 (copy enclosed), the Hon'ble Supreme Court vide Order dated 04.10.2017 in W.P. (C) No. 230 of 2001 has inter-alia, directed that, "We make it clear and reiterate that in terms of our order dated 8th February, 2017, 2,01,503 wetlands that have been mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation and Management) Rules, 2010".
With reference to the above said, 2,01,503 wetlands, the total wetlands (>ha) are 2,01,503 including rivers/streams. All inventory of 1,75,740 wetlands (State-wise/sorted on State code), is available on this Ministry's website at http://moef.gov.in/wpcontent/uploads/2019/08/National Wetland-Inventory.pdf. Rivers/streams (~polygons) are not included in the list.
In view of above, the State Wetland Authority of Telangana is requested to take appropriate action in the matter and provide the action taken report to this Ministry on priority."
Page 7 of 1613. The Telangana SPCB has filed its report dated 18.01.2022, wherein they have stated that the Board officials have inspected the Mazid Banda Lake on 18.12.2021 and observed certain things, which are as follows:-
"i) The Mazid Band Lake is located at Latitude and Longitude of 17028'06.7"N, 78020'10.9"E at Serilingampally (M), Ragareddy District.
ii) The entire lake was surrounded by high rise buildings and residential houses.
iii) Sewage nallah is passing along the periphery of the said lake.
iv) Presently, no water is existing in the Mazid Banda lake, construction and demolition waste were filled.
v) There exists a nallah boundary but no tank appurtenant components like bund, sluice and weir at that location.
vi) The Mazid Banda lake's periphery was covered with MS Sheets and inside there are temporary labour rooms were provided for stay in of labours.
vii) As per the HMDA Website, the draft guidelines for fixation of FTL, the Mazid Banda tank FTL survey was conducted and FTL map was prepared. The HMDA has uploaded the draft notification of Mazid Banda Lake with Lake ID No.3752 in HMDA website.
viii) Samples were not collected as there was no water is existing within the lake."
14. This Tribunal has also heard the matter on 01.08.2022 and considered the interlocutory application [I.A. No.118 of 2022 (SZ)] filed by the persons claiming to be a pattadars of Sy. No.123, 124, 125, 144 and 145 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District and that they have purchased in the year 1995. However, the said lands are erroneously classified as lake by the HMDA and issued the draft notification of the Mazid Banda lake with Lake ID No.3752.
15. Again, when the matter was taken up 13.12.2022, it was brought to our notice that the newly impleaded respondents viz., Respondents No.10 and 11 have filed writ petition in the year 2019 itself as W.P. No.11211 of 2019 before the Hon'ble High Court of Telangana for mandamus declaring the action of the Hyderabad Metropolitan Development Authority (HMDA) in keeping the draft Notification No.1404/HMDA/EE L&P/2013-14/10 dated 23.07.2014 as illegal and for a direction to the HMDA to pass appropriate orders after considering the objections made by the petitioners therein. The said writ petition was disposed of on Page 8 of 16 25.11.2022. After hearing all the official respondents viz., the HMDA, District Collector - Hyderabad, Revenue Department and Irrigation Department, it was directed to consider the objections of the petitioners and finalize the same within a period of 3 (Three) months from the date of receipt of the copy of the order. Three months' time even from the date of disposal of the writ petition is till the end of February.
16. On 09.01.2024, the proceedings of the Special Chief Secretary to the Government, MA & UD Department (HMDA), after the disposal of the writ petition by the Hon'ble High Court of Telangana, was produced before the Tribunal and the learned counsel appearing for the private respondents who are the owners of the lands insisted that since this report is in their favour, orders may be passed early. However, this Tribunal decided to get a report from the Irrigation Department to point out whether they are in agreement with the proceeding of the Special Chief Secretary to the Government, MA & UD Department dated 18.10.2023 or not.
17. The Irrigation Department vide its report dated 30.05.2024 specifically stated that on account of roads and housing the contours have undergone a change and hence the original kacha nallah formed naturally is no longer able to drain the storm water or the surplus water in upstream tank called Kudikunta. Therefore, to channelize the storm water up to the downstream tank called Gopi Cheruvu, it is essential to restore the nallah for the smooth discharge of flood water without any obstruction. For this purpose, the Irrigation Department has proposed to reinforce the original nallah, with a permanent RCC Box structure with a size of 3.0 M x 2.0 M at subject lands as per the topo sheet to channelize the floodwater considering the present and future developments and also the flood management to preserve the water in the Gopi Cheruvu.
18. The Irrigation Department also has stated that the proposed reinforcement and channelling of the nallah as part of its restoration plan will be submitted along with the administrative sanction and the time frame that may be taken.
Page 9 of 1619. The Proceedings of the Special Chief Secretary, MA & UD Department dated 18.10.2023 has specifically details that the objections of Respondents No.10 and 11 viz., M. Raju Yadav and another and also Respondents No.12 to 18 viz., Shaik Ibrahim and others were considered and it is found that they have filed documents to establish their title. The specific finding is that the Sethwar pertaining to Survey Nos.119 to 156 filed by the private respondents shows that the lands are the patta lands standing in the name of different pattadars. Though the proceeding was passed on 18.10.2023, none of the other departments have raised any objection regarding this finding. Therefore, once the plan estimate and the time frame for constructing or restoring the original nallah are furnished, final orders may be passed.
20. The GHMC, vide its report dated 13.07.2024, specifically stated that the Chairman, Lake Protection Committee (LPC) has issued the Proceedings dated 18.10.2023 by accepting the objections of the pattadars and withdrawn the draft notification in respect of Mazid Banda lake since there is no tank Mazid Banda lake based on the records of Settlement, Revenue and Irrigation Department or NGRI/NRSI images except that the water is on account of stagnation caused by the obstructions to the natural stream as clearly pointed in the reports and requested to restore the nallah. Accordingly, the writ petitions pending before the Hon'ble High Court with regard to the Mazid Banda lake were disposed of. The Special Chief Secretary to Government vide Proceedings dated 18.10.2023 passed a detailed order duly mentioning the action plan to restore the nallah at subject lands and also to channelize the surplus course channel up to the tank in the downstream, duly taking in account the developments like roads, housing, etc. as per the Survey of India topo sheet and master plan made under the HMDA Act, in consultation with the Irrigation Department, Revenue Department, GHMC and LPC, to preserve the water bodies. The GHMC has granted permissions for construction of building after verification of the nallahs as per the SOI toposheet, Master Plan, title and other documents.
21. The GHMC also filed a further report dated 26.11.2024, wherein it is stated that they have filed a report earlier on 05.08.2024 and based on the field survey of the entire Page 10 of 16 length of the nallah, the length of the nallah obstructed with dumping of boulders/ debris at Mazid Banda in between Kudikanta to Gopi Cheruvu were identified and steps are being taken for removal of dumped materials in the alignment of the natural surplus natural course of nallah.
22. It is also submitted that action is being taken to restore the obstructed length of the nallah (700 Meters) in between Kudikanta to Gopicheruvu at Mazid Banda Village for smooth function of flood discharge by way of channelizing with permanent RCC box drain to a size of 3 Meter x 2 Meter section up to the existing Nallah at Mazid Banda Road. The Standing Committee, GHMC unanimously accorded administrative sanction for the estimated amount of Rs.3.96 Crores for the work of "Construction of storm water RCC Box drain for Kudikunta surplus nallah situated at Mazid Banda Village, Serilingampally Mandal, Ranga Reddy District" vide Resolution No.60 dated 12.09.2024.
23. In the Proceeding No. HMDA No.1404/HMDA/EE (L&P)/2013-143/10, dated 18.10.2023, the Special Chief Secretary to Government, MA & UD Department has dealt with the issue of fixation of FTL of Mazid Banda Lake, which was numbered as Sl. No.377 with Lake ID No.3752. On 23.07.2014, the Lake Protection Committee, HMDA published a draft notification of Mazid Banda Lake and uploaded it on the HMDA's website, after the Irrigation Department verified and certified the information. However, in response to the Notification No.1404/HMDA/EE (L&P)/2013-143/10 dated 23.07.2014, representations have been received from one Raju Yadav on 20.07.2015, requesting that their patta lands in Sy. Nos.123, 125, 145, 128 and 143 in Kondapur Village, Serilingampally Mandal, Ranga Reddy District be removed. Similarly, one Shaik Ibrahim and others also sent an objection letter on 25.08.2016. All the applicants have filed writ petitions before the Hon'ble High Court of Telangana vide Writ Petition Nos.11211 of 2019 and 14410 of 2023. While the matter was pending, the issue was Suo Motu taken by this Tribunal based on the news article titled "Lake encroachment in full swing at Mazid Banda" published in The Hindu dated 06.12.2020.
Page 11 of 1624. The W.P. No.14410 of 2023 was disposed of by the Hon'ble High Court of Telangana on 09.06.2023 with a direction to the Special Chief Secretary to Government, MA & UD Department to take into account the petitioners' objections and to finalize the matter within three months. On 11.08.2023, the Lake Protection Committee, HMDA issued a final decision rejecting the objection of both the petitioners. However, a writ petition was again filed before the Hon'ble High Court of Telangana as W.P. No.25340 of 2023 and the Hon'ble High Court issued a direction to grant a personal hearing to the parties to hear the objections of the petitioners to the preliminary notification and pass orders thereon in accordance with law. The impugned proceeding dated 11.08.2023 was set aside and the matter was remitted back for fresh consideration.
25. Pursuant to the orders of the Hon'ble High Court, the petitioners appeared before the Special Chief Secretary to Government, MA & UD Department on 23.09.2023 and presented their objections along with additional documents in compliance with the instructions of the Hon'ble High Court dated 12.09.2023. The matter was heard on 07.10.2023 when the officials representing the Lake Protection Committee, Irrigation Department, Revenue Department as well as the petitioners along with their counsel were present. After hearing all the parties and on verification of the record, the Special Chief Secretary to Government, MA & UD Department found as follows:-
"1. The Masjid Banda Lake, ID-3752 of Kondapur village, is shown at SI. No. 24 in the list of lakes, attached to the draft notification in the reference cited 1. The lands in Sy.No.114 to 116 and 126 to 142 of Kondapur are shown as falling in the lake demarcated in the cadastral map annexed to the notification. The said notification was issued under sections 11, 13 and 54 of the HMDA Act.
2. The lands in these survey numbers are in the residential Zone and partly proposed 30 mtrs, roads, in the master plan, notified by the Government vide G.O.Ms. 288, MA., Dated 03.04.2008 issued under section 14 (2) of the HMDA Act.
3. The objection petitioners, namely M.Raju Yadav and others claim as Pattadars of Ac. 4.00 in Sy.No. 123 to 125, 128, 144 and 145 of Kondapur village. The objection petitioners, namely Shaik Ibrahim and others, claim as Pattadars of Ac.5.34 Gts., in Sy.No. 131 to 133, 137, 138 and 142 of Kondapur village. They filed documents to establish their title.Page 12 of 16
4. The Sethwar pertaining to Sy.No.119 to 156 filed by the objection-petitioners show that the lands are Patta lands standing in the name of different Pattadars.
5. Khasra Pahani for the year 1954-55 pertaining to Sy. No. 123 to 146 filed by the objection-petitioners show that the lands are Patta/Inam lands, standing in the name of different Pattadars/ Inamdars.
6. The objection-petitioners filed pahanies for the years 1959-60, 1971-72, 1975-76, 1985-86, 1989-90, 1995-96, 1999-2000, 2004-05 pertaining to the lands in Sy.No.123 to 146 of Kondapur village. These Pahani show that the subject lands are Patta lands.
7. The village map of Kondapur village does not disclose any tank in these survey numbers. The only water body in the vicinity is Jangam Kunta in Sy. No. 134. There is no other water body or stream shown in the village map in these survey numbers.
8. The objection petitioners also filed topo sheets of survey of India pertaining to these lands and it shows only a stream passing through these lands, but not any lake. This stream connects Kudi Kunta on east with Gopi cheruvu on North west.
9. The objection-petitioners have also filed satellite imagery of NRSA which are processed and tagged with coordinates by NGRI, with latitude 17'27'0 N to 17'29'0 N and longitude 78'19'0 E to 78'22'0 E. The plan annexed to the draft notification shows that the subject land tagged with coordinates-with latitude 17.28'3'687 N to 17.28'11'607 N and longitude 78'20'9'072 E to 78'20'11'162 E. Thus, the subject lands mentioned in the draft notification are covered by satellite imagery filed by the objection-petitioners. The objection petitioners also filed Google earth images from the year 2002 to 2021. The satellite imagery also show the existence of stream, which was later obstructed and not any tank or lake.
10. None of the documents filed by the objection petitioners have been disputed by any Department. In fact, most of these documents were taken in to consideration in all the official reports. There is no material to disprove these documents or to establish the existence of any tank in the subject lands.
11. It is to be noted that all the official reports submitted in respect of the subject lands after the draft notification, namely Joint Committee Report dated 06,05.2021, the Reports of the District Collector dated 19.03.2021 and 12.05.2023 and the report of EE, North Tank Division also consistently affirm the non-existence of any tank in the subject lands and the stagnation of water caused on account of constructions made in the downstream and also letting sewerage. No material is placed contrary to these reports.
12. However, the report dated 10.08.2023 submitted by EE, North Tank Division strikes a different note. The learned Counsel for the petitioner pointed out the contradictions between his own earlier report dated 06.02.2023 and the report of Joint Committee, of which he is a member that he did not discuss them in the report dated 10.08.2023. There is no reference to the records of the revenue or irrigation Department pertaining to the subject lands or any original records or memoirs of the irrigation Department. It is not his report that there was a tank which was tampered. The report dated 10.08.2023 states with is a water body identified by NGRI, but the satellite imagery does not support such statement, as already discussed above.Page 13 of 16
13. As rightly contended by the learned counsel for the objection-petitioners, the passing of Nada/stream, connecting Kudi Kunta on east with Gopi cheruvu on North west, is incompatible with existence of any tank in the subject lands. No record pertaining to preparation of FTL map by the then Executive Engineer, relied on in the report dated 10.08.2023 is produced. Further, the Topo sheet of survey of India (SOI), relied in the report dated 10.08.2023, use totally different symbols for stream and embankments, Road, rail, tank, broken ground respectively. No symbol pertaining to embankment or tank is shown in the subject lands in the topo sheet relied on in the report dated 10.08.2023. The Topo sheet shows symbol used for tank is shown to demarcate Jangam Kunta, no such symbol is shown in the subject lands. SOI Topo Sheet does not show any types of structures to be denoted as masonry or rock fills, earth work dams, weir, etc., as stated in the report dated 10.08.2023, The symbols used in in the topo sheets for palms, palmyra, bamboo and other trees are shown in the lands of objection petitioners, as rightly pointed out by the learned counsel for the objection-petitioners. Therefore, the report dated 10.08.2023 submitted by Executive Engineer, Irrigation, North Tank Division is clearly contrary to the official records, satellite imagery and all the previous reports and therefore cannot be accepted."
26. From the material placed on record, it is evident that Mazid Banda Cheruvu, while identified as Lake ID No. 3752 in the draft notification by HMDA, is recorded in revenue documents as patta land. Historical revenue records such as the Khasra Pahani confirm private ownership of the subject land over decades. At the same time, the inspection reports and the Joint Committee findings highlight the existence of a natural stream or nallah passing through the area, serving as a drainage connection between Kudikunta and Gopi Cheruvu. This duality of classification has led to ambiguities that contributed to encroachments and misuse of the land.
27. The Joint Committee's inspection further revealed that the natural flow of surplus water has been obstructed due to the dumping of construction debris and encroachments by unauthorized constructions. These activities have altered the natural contours of the land, leading to water stagnation and disruption of the stream's flow. It has also been noted that, on the ground, there exist no identifiable tank components such as bunds, sluices, or weirs, indicating that the stagnation of water is caused primarily due to obstructions in the natural stream course.
28. The Telangana SPCB's report corroborates the findings of pollution in the lake area. The discharge of untreated sewage and the accumulation of construction debris have not only Page 14 of 16 degraded the environmental quality of the Mazid Banda Cheruvu but also contributed to its loss of utility as a drainage system. The absence of flowing water during inspections further confirms the blockage caused by these factors, leading to environmental and public inconvenience.
29. The measures proposed by GHMC, including the construction of an RCC box drain to a size of 3.0 x 2.0 meters to restore the surplus channel, are necessary for mitigating the current situation. The Irrigation Department has also supported this proposal, stating that the channelization of the stream is crucial for managing stormwater flow and preventing flooding. Additionally, the decision to remove debris and encroachments aligns with the need to restore the ecological and hydrological functionality of the waterbody. These steps, combined with coordinated monitoring by relevant authorities, will help achieve long-term sustainability and compliance with environmental norms.
30. In view of the circumstances narrated above, the Special Chief Secretary to Government, MA & UD Department held that there was no tank called Mazid Banda Lake in the subject lands, either as per the relevant records of Settlement, Revenue Department or Irrigation Department or the satellite imagery of NRSA, NGRI or even Google earth images and the proposal for its FTL is rejected, with a direction to the District Collector - Ranga Reddy District to take necessary steps to restore the nallah.
31. From the proceedings of the Special Chief Secretary to Government, MA & UD Department dated 18.10.2023, it is clear that based on the objections raised by the pattadars, documents furnished and after necessary enquiry, the Special Chief Secretary to Government has held that the Sethwar pertaining to Survey Nos.119 to 156 filed by the private respondents shows that the lands are the patta lands standing in the name of the different pattadars. The same has been accepted and not opposed by any of the departments and the Irrigation Department has only stated that the construction debris have been dumped in the natural nallah passing through the area, the blockage of which is resulted in inundation and there is a need to restore the nallah.
Page 15 of 1632. The HMDA has also prepared a detailed estimate and obtained sanction of funds for the removal of encroachments and construction of permanent RCC box drain to the size of 3 Meters x 2 Meters up to the existing nallah at Mazid Bunda road, for which, an amount of Rs.3.96 Crores have been sanctioned for the work of "Construction of storm water RCC Box drain for Kudikunta surplus nallah situated at Mazid Banda Village, Serilingampally Mandal, Ranga Reddy District".
33. In as much as the issue was examined in detail by the Special Chief Secretary, MA & UD Department and held that the said lands are patta lands and also as per the request of the Irrigation Department, funds have been sanctioned for the construction of permanent RCC box drain to restore the original nallah to take the surplus storm water to Gopi Cheruvu, nothing survives in the matter and no further direction need to be issued by this Tribunal in the matter.
34. Accordingly, the Original Application [O.A. No.03 of 2021 (SZ)] is closed.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.03/2021 (SZ) 18th December, 2024. Mn.
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