National Green Tribunal
Pohra Bachav Samiti vs Amravati Municipal Corporation on 13 February, 2024
Item No.7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.91/2019(WZ)
Pohra Bachav Samiti
.....Applicant
Versus
Amravati Municipal Corporation through
the Commissioner & Anr.
....Respondent(s)
Date of hearing: 13.02.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Rahul Choudhary, Advocate
Respondent(s) : Mr. D.M. Kale, Advocate for R-1/AMC
Mr. Mukesh Verma, Advocate for R-2/MSWA
Mr. Aniruddha Kulkarni, Advocate for R-3/Envt. Deptt.
ORDER
1. From the side of applicant, learned counsel Mr. Rahul Choudhary has appeared, who has filed reply affidavit dated 12.02.2024 to the reply the compliance affidavit filed by the State Wetland Authority dated 20.11.2023, which is taken on record and a copy of the same is said to have been served upon all other parties.
2. This matter is listed today for final hearing, pursuant to which the learned counsel for applicant took an opportunity to argue first and has drawn our attention to the letter dated 24.04.2019, which is annexed at page nos.47 to 49 of the paper book, issued by the Dy. Conservator of Forest, Amravati Forest Division, Amravati addressed to the Collector and Chairman, Chhatri Talao Development Committee, Amravati, which shows that the current work of development project has been initiated in the northern side of the Chhatri Talao adjoining to the Bhankhed Route and that the work at this location will lead to environmental impact on Page 1 of 6 the route of animals from the northern side towards the Chhatri Talao; disturb the bird biodiversity; and if proper sewage treatment facilities were not developed, the sewage water may pollute the water in the tank, which would affect the aquatic biodiversity as well, and accordingly, suggestions were also provided therein to the following effect:-
" i. No construction may be carried out within 50 mtrs. from the high flood level observed in the last 10 years be calculated from the commencement of the Wetland Conservation and Management Rules, 2010.
ii. The Construction of wall along the Bhankheda Road may be carried out only up to the natural stream as depicted in the map provided by Municipal Corporation Amravati.
iii. The elevated pathway may be constructed only till the point of existing fencing. Provided that this construction is beyond 50 meters of the mean high flood line level. The height of the pathway may be reduced to the ground level.
iv. The balance work of the pathway from the fencing till the food court be carried out on the western side of the Chhatri Talao along the Akola bye pass.
v. The degraded area of the Chhatri Talao may be brought under the Plantation of local species as it will further promote the biodiversity and act as a buffer to absorb the disturbance censed due to developmental activities.
vi. An environment impact assessment study may be carried out to study the impact of the project and determine the mitigation measures to reduce the impact of the project.
vii. Work may be carries out as per the 2010 wetland construction and management guidelines and judgments given by Hon'ble Supreme Court and Hon'ble High Court in this regards."
3. In this letter, it is also pointed out by the learned counsel for applicant that the Chhatri Talao is acknowledged to be an important wetland, located in the Amravati Municipal Corporation (AMC) in an area of 56.06 ha., which finds mention in the very first paragraph of this letter.
4. Thereafter, the learned counsel for applicant has drawn our attention to page no.158 of the paper book, which is a Judgment of Hon'ble Supreme Court passed in Writ Petition(s) (Civil) Nos.230/2001 (M.K. Balakrishnan & Ors. vs. Union of India & Ors.), wherein following has been observed:-
Page 2 of 6
"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".
5. Having drawn our attention to the above Judgment, it is submitted by the learned counsel for applicant that in terms of the above direction, Rule 4 of the Wetlands (Conservation and Management) Rules, 2010 shall continue to apply in the present case and that the Chhatri Talao is required to be maintained as Wetland in its current shape.
6. Thereafter, the learned counsel for applicant has drawn our attention to page no.254 of the paper book, which is a compliance affidavit dated 20.11.2023 filed in respect of the order passed by this Tribunal dated 29.08.2023, with which a site inspection report has been annexed, wherein our attention is drawn to page no.260 of the paper book, in which following para is read out before us by the said learned counsel:-
"During site visit representative of applicants stated that the Chatri Talao is surrounded by forest area from three sides. Due to the construction activity carried out by Amravati Municipal Corporation, the natural habitat of the animals of water body is disturbed. Representative also stated that the Amravati Municipal Corporation had constructed shops/ Galas for food courts for the visitors this may lead to littering of solid waste and may hamper the environmental quality around the Talao. They suggested to shift all the food courts at the entrance of the garden. They further stated that natural habitat of Chatri Talao needs to be maintained."
7. In the concluding part of this report, it is recorded that representative of NEERI submitted that it would visit the site, as and when, required to prepare and submit the report to the State Wetland Authority as per direction received from it.
8. It appears that much was left in the hands of NEERI to submit final report after their site visit, which was ultimately conducted. In this regard, our attention is drawn by the learned counsel for applicant to page no.269 of the paper book, wherein it is recorded "The Talao is being Page 3 of 6 maintained by the Amravati Municipal Corporation (AMC). The AMC planned the development of the site to boost the tourism. As part of the developmental activities, concrete pavement was constructed on the periphery of the Talao facing the Reserve Forest area along-with a jungle gym, playing areas, open air theatre and structures of toilets and restaurants". It is further recorded in this report that NGT in its order dated 22.05.2023 in the present application permitted the respondent No.2- Maharashtra State Wetland Authority to seek the expertise of CSIR- NEERI in the matter of assessing the impacts on the ecology and eco- system due to the construction of pavement at Chhatri Talao in Amravati. The said study was undertaken and various visits were made by the Joint Committee of CSIR- NEERI, details of the said report are given at page no.274 of the paper book and final recommendation is made in Chatper-5 to the following effect:-
Chatri Talao is included Chaatri Talao was marked as wetland in the Wetland Atlas for Maharashtra (Wetland Code number 16959) as per Wetland Rules, 2010. Hence, considering the relevant national regulatory guidelines like Wetland Conservation and Management Guidelines 2010 & 2017; Wildlife Protection Act, 1972 and international convention on transboundary movement of animals (in this case migratory birds) (Bonn Convention, 1979), construction of pavement may affect and disturb the existing movement of large mammals (as well as other animals) using the habitat during the lean summer period (March-June) for water and roosting, feeding and breeding of birds (especially migratory) during winters (November-March). Hence, further construction of pavement is not advisable and should not be permitted. Any other concretization or construction activity that may lead to change of the original ecological character of the Talao and further crowding for recreational activities will also lead to enhanced human- wildlife conflicts in and around the Talao area and should not be allowed.
The AMC has made provision for diversion of catchment run-off and storm water management at the pavement through 600 and 200 mm diameter pipelines. Regular maintenance has to be done to ensure proper diversion of the run-off and storm water.
The food courts planned at the constructed site should be shifted to the main entrance to avoid the anthropogenic disturbances due to crowding.
The visiting hours of the tourists should be regulated to prevent crowding that may adversely affect the faunal movement. Page 4 of 6 Proper disposal and management of solid and liquid wastes collected at and near the Talao should be ensured by AMC. This can be implemented by professionally competent service providers.
The solid waste disposal observed near the road in the catchment area towards north-east of the Talao should be cleaned regularly and further disposal should not be allowed.
Idol immersion should be regulated and waste generated due to immersion in nearby temporarily constructed tanks should also be appropriately disposed.
No tourist should be allowed to carry food items (including plastic bottles) to the Talao area.
An institutional mechanism should be developed to oversee the activities related to protection of the ecology of Talao involving relevant stakeholders from State Wetland Authority, District Forest Department, AMC, Irrigation, Civil Society members, public representatives, local experts from academic institution and reputed national research institute.
Chatri Talao used to be the lifeline of the city of Amravati and it still continues to have that historical legacy and ecological relevance. Protection of the Talao is vital for the fast growing city and being one of the last few remaining connects of historical relevance. Protection of the Talao should be ensured through participation of all the stakeholders."
9. We made a pointed query from the learned counsel for applicant as to where is the evidence on record to show that as to which particular structures were built by the AMC within the wetland area i.e. Chhatri Talao, which needed to be demolished, as per the order of Hon'ble Supreme Court, as the Chhatri Talao is required to be maintained in its original condition, in this regard, he submits that there are pavements and food courts built over there and in the Joint Committee Report, it is also recommended that the food court planned at the constructed site should be shifted.
10. We direct the learned counsel for applicant to specifically indicate as to which particular structures have come up over there, which need to be ordered to be demolished by us, in view of the fact that the same would fall within the wetland area of Chhatri Talao. Page 5 of 6
11. From the side of respondent No.1-AMC, learned counsel Mr. D.M. Kale has appeared, who has filed reply affidavit dated 01.12.2022, wherein, in para no.H, following is stated:-
"Before desilting of the work, the "High Flood Level" (HFL) is 100 to 150 mtrs. away from the existing beautification work and another construction. After desilting the water shade area is increase by 200 metres. The work of beautification is to be constructed for strengthening of reservoir. In beautification work is also include stone pitching work for strengthening of reservoir. It is to be carried out for strengthening of reservoir so there is no construction within 50 metres from the tank. It further needs to be noted that in the year 2004, the Chatri Talav was overflow on account of heavy rains and thereafter the competent Authority has evaluated the situation and after considering the same recommended the parameters for strengthening of the existing structure."
12. In view of above, it is urged by the learned counsel for respondent No.1-AMC that the construction, which has been done under the said project, does not fall within 50 mtrs. from the tank.
13. We cannot ascertain from the written submission as to on what what basis, it is being said that the construction, which is alleged to be there, is not lying within 50 mtrs. of the tank. Therefore, the learned counsel for respondent No.1- AMC is also directed to submit a sketch map showing the structures and the position of HFL (High Flood Line) as well as location of the Chhatri Talao so that we can ascertain as to whether any violation has been done in the said area.
Put up this matter for final hearing on 06.05.2024
14. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 13, 2024 Original Application No.91/2019(WZ) P.Kr Page 6 of 6