National Green Tribunal
Kondru Maridiyya vs State Of Andhra Pradesh on 24 July, 2023
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.6:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.155 of 2021 (SZ) &
I.A. Nos. 101 of 2021 (SZ) & 70 of 2023 (SZ)
IN THE MATTER OF:
Kondru Maridiyya,
Vishakapatnam. ...Applicant(s)
Versus
State of Andhra Pradesh,
Through Chief Secretary & Ors.
...Respondent(s)
Date of hearing: 24.07.2023.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Rahul Choudhary.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R3 & R6 to R8.
Mr. Meyappan represented
Mrs. Me. Sarashwathy for R2.
Mr. Akulkishan for R4.
Mr. V.V. Satish represented
Mr. O. Manoher Reddy for R5.
ORDER
1. The advance hearing application [I.A. No.70 of 2023 (SZ)] is closed.
Page 1 of 42. The learned counsel appearing for the State of Andhra Pradesh expressed the inability to file the report of the Joint Committee. Originally, the District Forest Officer (DFO) - Vishakhapatnam was included as one of the members of the Joint Committee and subsequently, the District Forest Officer (DFO) - Narsipatnam was substituted vide Order dated 02.02.2022.
3. This time, the District Collector - Vishakhapatnam stated that he is no more in charge and it is only the District Collector - Anakapalli is in charge after the bifurcation of the district. Accordingly, the District Collector - Anakapalli is substituted in the place of District Collector - Vishakhapatnam. It is surprising to note that this issue was not raised for more than a year. When a new district is formed, the Director - Department of Mines and Geology could have substituted the District Collector.
4. The matter is pending from the year 2021 and the order of constitution of the Joint Committee was passed on the very first hearing i.e. on 26.07.2021, fixing the Department of Mines and Geology, State of Andhra Pradesh for coordination and for filing the report. Till today, the report is not coming our way for the reasons best known to them.
5. At the request of the learned counsel appearing for the State of Andhra Pradesh, we reconstitute the Joint Committee (as noted below) to inspect the area in question and submit a factual as well as action taken report in terms of the violations pointed out by the applicant.
Page 2 of 4(i) Scientist - MoEF&CC, Integrated Regional Office, Vijayawada.
(ii) District Collector - Anakapalli District.
(iii) District Forest Officer - H.Q. Narsipatnam, Anakapalli.
(iv) Senior Officer from the Department of Mines and Geology.
(v) Environmental Engineer - Andhra Pradesh Pollution Control Board, Regional Office, Vishakhapatnam.
6. As a final chance, we direct the above referred Joint Committee members to file a report after inspecting the application mentioned area and file a detailed report before the date of the next hearing, serving a copy of the same to the other counsels concerned.
7. Non-filing of the report of Joint Committee will be viewed seriously and adverse inference will have to be drawn. In case of inconvenience to any of the member, other members can inspect and file a report. If a member who could not join the joint inspection, he/she shall inspect independently and file a separate report to the Tribunal before the date of next hearing.
8. Vide Order dated 30.11.2011, there was a direction to the Principal Chief Conservator of Forest & Head of Forests Force to file a report in terms of the Judgment reported in T.N. Godavarman Thirumalpad Vs. Union of India & Ors. Though several opportunities were provided earlier, the said report has not been filed. The PCCF & HoFF had no difficulty in filing the report earlier as per our order and let them also furnish the reasons for not filing the report as had been directed by this Tribunal.
Page 3 of 49. The PCCF & HoFF is directed to file an independent report as indicated above, failing which, the officials of PCCF & HoFF has to appear personally before this Tribunal.
10. Let the Joint Committee as well as the PCCF & HoFF report also furnish the date of inspection and photographs taken during the inspection in this regard.
11. The earlier report dated 21.11.2011 was filed by the District Collector
- Vishakhapatnam. The District Collector - Anakapalli is directed to file his independent report after making a spot inspection, as pending the Original Application, the district has been bifurcated.
12. Let the matter be listed on 04.09.2023. If the reports are not filed as indicated, the matter will be proceeded with, drawing adverse inference and it may have to be construed that the Joint Committee members and the officers of the Mining Department are responsible for the alleged irregularity.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.155/2021 (SZ) I.A. No.101/2021 (SZ) I.A. No.70/2023 (SZ) 24th July, 2023. Mn.
Copy to:
1) Members of the Joint Committee (As above).
2) PCCF & HoFF, State of Andhra Pradesh.Page 4 of 4