National Green Tribunal
Dr. Nagam Janardhan Reddy vs State Of Telangana on 17 August, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:
2 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 182 of 2020 (SZ)
IN THE MATTER OF
Dr. Nagam Janardhan Reddy
R/o. H.No. 19-65, Main Road
Beside Gandhi Park
Nagarkurnool Town and District
Telangana and Ors.
...Applicant(s)
Versus
State of Telangana
Represented by its Chief Secretary
Secretariat, Hyderabad and Ors.
...Respondent(s)
For Applicant(s): Mr. Sravan Kumar.
For Respondent(s): Mrs. H. Yasmeen Ali for R1, R2, R4 to R7.
Mr. T. Sai Krishnan for R3.
Mr. K.S. Viswanathan for R8 to R10.
Judgment Pronounced on: 17th August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.182/2020 (SZ) 17th August 2022. Mn.
Page 1 of 60Item No.1:
2 Court No.1BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference) Original Application No. 182 of 2020 (SZ) IN THE MATTER OF
1) Dr. Nagam Janardhan Reddy R/o. H.No. 19-65, Main Road Beside Gandhi Park Nagarkurnool Town and District Telangana - 509 209.
2) Chetamoni Arjunaiah H.No.3-46, Yendabetla Nagar Kurnool, Telangana - 509 209.
3) Artham Ravi Kumar 22-80/2, Naganul Chourasta Nagar Kurnool Town and District Telangana - 509 209.
...Applicant(s) Versus
1) State of Telangana Represented by its Chief Secretary Secretariat, Hyderabad - 500 022.
2) State of Telangana Represented by its Principal Secretary Irrigation Department Secretariat, Hyderabad - 500 022.
3) Telangana State Pollution Control Board Represented by its Member Secretary A-3, Paryavaran Bhavan Sanath Nagar Industrial Estate Sanat Nagar, Hyderabad - 500 018.
4) Chief Engineer Minor Irrigation Telangana, Hyderabad.
5) District Collector Nagarkurnool District Nagarkurnool Town, Telangana - 509 209.
6) Superintendent of Police Nagarkurnool District Nagarkurnool Town, Telangana - 509 209.
Page 2 of 607) Municipal Commissioner Nagarkurnool Municipality Nagarkurnool Town & District Telangana - 509 209.
8) Mididoddi Shyam Sundar S/o. Narsimhaiah H.No.10-63, Ram Nagar Colony Nagar Kurnool, Post & District Telangana - 509 209.
9) G. Shalini D/o. Shyam Sundar H.No. 10-63, Ram Nagar Colony Nagar Kurnool Town and District Telangana - 509 209.
10) Repala Divya Sindura Daughter in Law of Shyam Sundar H.No.10-63, Ram Nagar Colony Nagar Kurnool Town & District Telangana - 509 209.
(Respondent Nos.8 to 10 were impleaded as per Order in I.A. No.85/2020 dated 06.10.2020) ...Respondent(s) For Applicant(s): Mr. Sravan Kumar.
For Respondent(s): Mrs. H. Yasmeen Ali for R1, R2, R4 to R7.
Mr. T. Sai Krishnan for R3.
Mr. K.S. Viswanathan for R8 to R10.
Judgment Reserved on: 19th July 2022.
Judgment Pronounced on: 17th August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.Page 3 of 60
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. This case pertains to indiscriminate illegal constructions are being done by the persons encroaching into the water bodies and flood plains.
2. It was alleged in the application that the encroachment is into Kesarisamudram Minor Irrigation Tank in Tummalakunta Lake at Nellikonda, Puntalakunta and Saddalasaab Kunta in Naganool at Nagarkurnool Municipality in Nagarkurnool District of State of Telangana.
3. It was also alleged in the application that it is being done against the directions given by the Hon'ble Apex Court in several decisions and also against the directions of the National Green Tribunal that there is a duty cast on the State authorities to protect the water bodies against the encroachment and pollution, as the authorities are not taking prompt action against such illegal activities.
4. Further, it was alleged that on account of the encroachment, there is environment degradation caused in water bodies, which will have an impact on the health of the people as well. In respect of earlier encroachments, a criminal case was registered against some persons as F.I.R. No.120/2016 and after investigation, Nagarkurnool Police had filed the Charge Sheet/Final Report before the Court of Judicial Magistrate of First Class at Nagarkurnool and the same is pending.
Despite, such encroachments are continuing. It was also alleged that roads were constructed illegally encroaching into the water bodies. Though these aspects were brought to the notice of the authorities, no action was taken. Notice was issued by the Commissioner - Nagarkurnool Municipality in respect of illegal construction to some of the persons who had made such constructions, but no further action was taken by the authorities.
Page 4 of 605. Since the authorities were not taking any effective action to protect the water bodies, the applicant had no other remedy except to approach this Tribunal by filing application seeking the following reliefs:-
"(i) Declare the action/inaction of the Respondents as illegal and against the provisions of Environment (Protection) Act, 1986, Water (Prevention & Control of Pollution) Act, 1974, Bio Diversity and Solid Waste Management Rules of 2016.
(ii) Direct the respondents to conduct detailed study on adverse affects caused due to dumping of pollutants, Construction waste illegal encroachments in Kesarisamudram Minor Irrigation Tank, Tummalakunta Lake at Nellikonta, Puntalakunta and Saddalasaab Kunta, Tummalakunta Nagar Kurnool of Telangana for taking restoration and remedial measures.
(iii) Direct the Respondents to take stringent action by way of civil and penal action against the polluters, encroachers as per polluter pay principle as per the provisions of water (Prevention & Control of Pollution) Act, 1974 and the Prevention of Public property Act, 1984.
(iv) Direct the Respondents to restore the entire 1200 acres of Kesarisamudram Lake, Tummalakunta at Nellikonta, Puntalakunta and Saddalasaab Kunta at Naganool in Nagar Kurnool of Telangana and demarcate the FTL and Buffer Zone are for preventing/removing encroachments.
(v) Direct the authorities to assess the quantum of damage caused to environment, flora in Kesarisamudram Lake, Tummalakunta Lake at Nellikonda, Puntalakunta and Saddalasaab Kunta at Naganool in Nagar Kurnool of Telangana for taking appropriate remedial measures"
6. Vide Order dated 24.09.2020, since there was certain allegations made against a particular individual who had allegedly encroached into the water bodies and a case was registered against such persons, this Tribunal directed the applicant to take steps to implead them as respondent. Accordingly, the applicant filed I.A. No. 85 of 2020 (SZ) to implead additional respondent Nos. 8 to 10 and the same was allowed by this Tribunal by order dated 06.10.2020 and additional respondent Nos.8 to 10 were impleaded.
7. Further, on that day, since this Tribunal was satisfied that there arose a substantial question of environment, admitted the matter and since the official respondents have entered appearance through the standing counsel, direct notice to them was dispensed with and notice was ordered to the additional party respondents only viz., Respondents No.8 to 10.
Page 5 of 608. On that day, this Tribunal also considered the submissions made by the learned counsel appearing for the State of Telangana that about 31 encroachments have been identified and steps were being taken to remove the same by issuing show cause notice to them and after conducting proper enquiry, further steps will be taken in this regard. On the basis of the complaints given by the District Collector as well as the Irrigation Department, criminal cases have been registered against such encroachers and investigations were in progress.
9. After admitting the matter, this Tribunal appointed a Joint Committee comprising of (i) the District Collector - Nagarkurnool District, (ii) Superintending Engineer of Irrigation Department having jurisdiction over this area, (iii) Senior Officer from the Telangana Lake Protection Committee and (iv) Senior Officer from Telangana State Pollution Control Board as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
10. The Joint Committee was directed to consider the question of existence of water bodies, nature of encroachment and steps taken to remove the same and if there is any damage caused to the environment, assess environmental compensation against the violators. If there is any pollution caused to the water quality, they were also directed to ascertain the source of pollution after conducting water analysis test and suggest the remedial measures to rectify the same and also ascertain whether garbage or construction debris were dumped and any discharge of untreated sewage into the water body which resulted in damage to the water body. The Joint Committee was also directed to ascertain as to whether the encroachment had been made in the water body overlooking the Full Tank Level (FTL) and buffer zone as fixed by the Government and the Irrigation Department.
11. The Irrigation Department was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
Page 6 of 6012. The 3rd Respondent filed counter affidavit contending that the application is not maintainable and they denied the allegations made in the application which relates to them, as it was not correct. As regards the allegation of encroachment in Kesarisamudram Minor Tank at Nagarkurnool, Tummalakunta at Nellikonda, Puntalakunta and Saddalasaab Kunta at Naganool Village at Nagar Kurnool of Telangana for taking action for restoration and remedial measures and to direct the respondents to take stringent action by way of civil and penal action against the polluters/encroachers applying the 'Polluter Pays' Principle and also as per the provisions of Water (Prevention & Control of Pollution) Act, 1974 and The Prevention of Damage to Public Property Act, 1984 and to direct the respondents to restore the entire 1200 acres of Kesarisamudram Lake, Tummalakunta Lake at Nellikongda, Puntalakunta and Saddalasaab Kunta at Naganool at Nagar Kurnool of Telangana and pollution caused to the same, this Tribunal appointed a Joint Committee and the Joint Committee had inspected the area on 24.11.2020 and collected samples from the lake at the inlet and outlet of the 4 lakes viz., (1) Kesarisamudhram Minor Irrigation Tank, (2) Tummalakunta Lake, (3) Puntalakunta and (4) Saddalasaab Kunta and it was submitted to the Central Laboratory, Hyderabad for analysis. They have given the details of the water quality in all these lakes and extracted the same in the counter and it showed that the water sample collected are falling under Class - D and E as per the CPCB norms and they are not meeting the standard for drinking water and outdoor bathing, except the Saddalasaab Kunta Lake which falls under Class - B and that can be used for outdoor bathing and also used for drinking after conventional treatment and disinfection.
13. It was further contended that as regards the Kesarisamudram lake is concerned, the untreated sewage source into this lake can be stopped after the construction and commissioning of 2.3 MLD and 3.2 MLD Sewage Treatment Plants (STPs) and the water quality can be further improved from Class - D to Class - C (or) B. As regards the other three lakes are concerned, the main source is only a rain water and there was no sewage flow or industrial waste water seen in these lakes and water quality can be improved by avoiding dumping of Page 7 of 60 garbage into the lakes and also filling up of the lakes with irrigation water. The Municipal Commissioner, Nagarkurnool had informed with regard to dumping of garbage, construction debris and discharge of untreated sewage into water body vide letter No.G/25/2020 dated 03.12.2020 about the total generation of solid waste and liquid waste and how it is being managed by them. They further contended that in respect of sewage water which was discharged into the Kesarisamudram through two inlets till now and there are 2 STPs under construction near Bus Depot, Nagarkurnool having a capacity of 2.3 and 3.2 MLD respectively and the same will be completed by March 2021. The total sewage water will be diverted to STPs and only after treatment, it will be discharged into the water body after meeting the standard. The Joint Committee also inspected the area and noted the progress of the construction of the STPs. So, the allegations that they are not taking any steps and they were responsible for the pollution etc. were denied. So, they prayed for passing appropriate orders, accepting their contentions.
14. The District Collector - Nagarkurnool District filed the counter affidavit on his behalf and on behalf of the other official respondents denying the allegations made in the application and reiterated the allegations made in the application, reliefs claimed and the appointment of the Joint Committee by this Tribunal. They also mentioned about the first Joint Committee report and second Joint Committee report, based on the objections filed by the applicant. The District Collector - Nagarkurnool has conducted a meeting on 19.11.2019 and the Joint Inspection along with the Revenue Department and the Municipal Authority was conducted by the Irrigation Department on 31.12.2019 on illegal encroachments made within the FTL and buffer zone of Kesari Samudram. During inspection, FTL boundary and buffer zone of Kesari samudram was fixed. Within the boundary of FTL and buffer zone, a total of 31 encroachments were identified and details of which have been given in the first report of the Joint Committee. Out of 31 encroachments which fall under FTL/Buffer Zone of Kesari samudram Tank mentioned in table, eighteen encroachments in the FTL / Buffer Zone of the water bodies are Patta lands, five encroachments are classified as Gramakantam/Abadi/Village site and remaining eight encroachments are Government lands in the FTL / Buffer Zone of the water bodies.
Page 8 of 60Khasra Pahani (Land Revenue Record for the year (1954-55), which is a basic record for providing ownership of the land holders and other entries of the land details (i.e. Classification, Total extent etc.) of the revenue village, which is having legal sanctity in Telangana State. In continuation to the said record, as per the Sessala for the year 1955- 58 and other subsequent years, the revenue records were prepared. On verification of the said record, the subject survey numbers in which structures were observed by the committee fall under FTL / Buffer zone of Kesarisamudram tank which are classified as Patta lands (Private Lands) - 18 Nos., Gramakantam / Abadi /Village site - 5 Nos. and structures in Government land - 8 Nos. The District Collector had also given the details of the action taken and also the nature of encroachments. As regards one M. Shyam Sunder who was shown in Sl. No.1 of the list is concerned, he filed a writ petition viz., W.P.No.14826/2020 before the Hon'ble High Court of Telangana at Hyderabad complaining inaction for not processing in Proceeding No.E/1489/2016 dated 16.09.2020 for conversion of agriculture land into non-agricultural land and that writ petition was disposed of by the Hon'ble High Court, Telangana at Hyderabad observing that in the given circumstances of the instant case, since the application filed by the vendors of the writ petitioner to convert the subject land for non- agricultural use was rejected by the Revenue Divisional officer, Nagarkurnool vide Proceeding No.E/1489/2016 dt.16.09.2020, no orders need to be passed in the writ petition. The writ petitioner was granted liberty to work out the remedies available to him under law. He had also filed another writ petition as W.P.No.18872/2020 and that was pending. Till final orders have been passed by the Hon'ble High Court in the writ petition, they cannot take any further steps in this case. As regards one M. Laxmi - Sl. No.12 is concerned, the order passed by the respondent seeking to disposes the writ petitioner house bearing H.No.12-156/6/3, a Writ Petition was filed as W.P. No.22231/2020 and an interim stay was granted and as such, no action could be taken.
15. It was further contended that no permission has been granted to convert agricultural land for non-agricultural purpose. The District Collector had also given the details of each person and the steps taken and the writ petitions pending. The writ petition filed by Shyamsunder as W.P. No.2596 of 2020 was disposed of the Hon'ble Page 9 of 60 High Court by Order dated 14.02.2020 as follows:-
"Learned Assistant Government Pleaders for Revenue and the Irrigation and Command Area Development submits that the entire land in Sy.No39 situated at Yendabetla village of Nagarkurnool mandal is coming under the buffer zone of Kesari Samudram Irrigation Tank situated at Nagarkurnool mandal and therefore, the impugned show notice has been issued. Learned counsel for the petitioners disputed the above submission of the learned Assistant Government Pleaders. Since it is stated that petitioners have already filed explanation on 13.01.2020 to the impugned show cause notice, without expressing any opinion on merits, writ petition is disposed of directing the 2nd respondent to consider the said explanation and pass appropriate orders in accordance with law. Till then, respondents shall not interfere with the possession of the petitioners over the subject land, and the petitioner also shall not carry out any activity other than agriculture."
16. As against the final order passed by the Municipal Commissioner and issuing notice to the encroachers or removal of encroachment vide File No.G/1116/UC/NGKL/2020 dated 26.11.2020, a writ petition was filed before the Hon'ble High Court as WP.No.21887/2020 and the Hon'ble High Court passed an interim order that till such time the final orders are passed, the official respondents shall not take any coercive steps against the writ petitioners and as such, enquiry proceedings are pending. They have confirmed the criminal case filed against the Shyamsunder as Crime No. 120/2016 under Sections 379, 447, 427 r/w 34 of IPC and Section 3 of P.D.P.P. Act along with the another person and after investigation, Final Report was filed and the case is pending as C.C. No.290/2016 on the file of Judicial First Class Magistrate, Nagarkurnool. The District Collector also gave the nature of encroachments and its character in Kesarisamudram Tank as follows:-
Page 10 of 60 Page 11 of 60 Page 12 of 60 Page 13 of 60 Page 14 of 60 Page 15 of 60 Page 16 of 60 Page 17 of 60 Page 18 of 60 Page 19 of 60 Page 20 of 60 Page 21 of 60 Page 22 of 6017. It is further contended that the road shown by the applicant in Sy.No.16 is an illegal identified layout and certain action had been taken by the Revenue Divisional Officer in this regard. He had also given the nature of action taken against several persons who had involved in removal of soil from the tank bund area. Certain constructions were permitted by the District Collector and Chairman, DRDA, details of which were also given in the counter and in respect of the same also, certain action has been taken. They also mentioned about the number of cases filed in respect of the encroachments and illegal excavation of soil. They further contended that since some writ petitions are pending in respect of similar issues, action can be taken only on the basis of the directions to be issued by the Hon'ble High Court of Telangana. So, they prayed for accepting their contentions and passing appropriate orders.
18. Respondent Nos.8 to 10 have filed reply cum interim objection to the Joint Committee report contending that they were not made parties originally and subsequently, they have been impleaded as per order in I.A. No.85 of 2020 (SZ) dated 06.10.2020. They denied the allegation of encroachments in Sy. No.3 & 39 of the Nagarkurnool Village. Even assuming that the constructions were made in FTL level of Kesarisamudram Lake, the Applicant had restricted the number of encroachments only against certain persons which shows the malafides on the part of the applicant in filing the application in the Page 23 of 60 guise of public interest litigation. The lands in Sy. No.3 is located at Town, Mandal and District Nagarkurnool and Sy. No.39 is located at Village Yendeebetla of Nagarkurnool District. The said lands were purchased by Mr. Shyam Sundar along with some other persons by virtue of three registered Sale Deeds dated 30.01.2016. 28.06.2019 and 26.07.2019. In respect of Sy. No.3, an application for conversion of agricultural land to non-agricultural purpose was made by the vendor. After survey, the Tahsildar observed that the said land is in possession of Shyam Sundar, no Government land is encroached, not affected by the Land Reforms Act, not covered by acquisition proceedings, not covered by religious structures etc., and subject to clarification from Irrigation Department, the permission for conversion may be accorded and this report was dated 09.02.2016. As per the Land Use Plan prepared by Town Planning Authority, Sy. No.3 is earmarked for residential purpose. As per NALA Plan & Master Plan also it is not covered by any water body and it is covered by residential zone. When the application for conversion was not processed, Mr. Shyam Sundar filed W.P. No.14286 of 2020 before the Hon'ble High Court of Telangana and at the time of hearing, the Government had produced the copy of the order dated 16.09.2020 rejecting the application by the authorities and on that basis, the above writ petition was disposed of, leaving open the right of the writ petitioner to challenge the same before the appropriate forum. The said Mr. Shyam Sundar filed W.P. No.18872/2020 challenging the said rejection order dated 16.09.2020 and that is pending. In the meantime, the Municipal Commissioner issued a Proceeding on 26.11.2020, informing that Sy. No.3 & 39 falls within the FTL and the encroachment allegedly existing should be removed within seven days and this was challenged by Shyam Sundar & others in W.P. No. 21887/2020 and at that time, they came to understand the pendency of this case and a Joint Committee was appointed to ascertain the encroachments in the FTL of various tanks, including Sy. No.3 & 39. The grounds on which the proceedings dated 26.11.2020 challenged were detailed in the counter which we are not extracting. They also mentioned about some other writ petitions filed and orders passed therein. Any report filed by the Joint Committee to this Tribunal on the issue pending before the Hon'ble High Court of Telangana may result in conflicting decisions and this Tribunal has to await the decision of the Hon'ble High Court in this regard. Till the Page 24 of 60 final orders to be passed in W.P. No.21887/2020, no coercive orders can be passed by the authorities and there was no violation of any of the provision under NALA Act and more than hundred houses are situated having more than 50 years old in Sy. No.3 & 39 and only now notices have been issued. They also filed objections to the Joint Committee report stating that the entire encroachments have not been mentioned and also regarding the orders passed by the Hon'ble High Court of Telangana.
19. Pursuant to the direction issued, the Joint Committee has filed the report received on 07.01.2021 and this was considered by this Tribunal on 22.01.2021 and extracted in Para (3) of the order which reads as follows:-
"REPORT OF THE JOINT COMMITTEE CONSTITUTED VIDE GOVERNMENT MEMO NO.10150/MI/A2/2020-2 DATED:18.11.2020 ANDTHE ORDERS OF HON'BLE NATIONAL GREEN TRIBUNAL,SOUTHERN ZONE, CHENNAI, IN THE CASE FILED BY DR.NAGAM JANARDHAN REDDY AND OTHERS IN O.A NO.182/2020.
1) Original Application No.182 of 2020 was filed by Dr.Nagam Janardhan Reddy and others against the State of Telangana and others in Hon‟ble National Green Tribunal, South Zone, Chennai alleging that indiscriminate illegal constructions are being done by the persons by encroaching into the water bodies and flood plaina in Kesarisamudram Tank at Nagarkurnool, Tummala Kunta at Nellikonda, Puntala kunta and Saddalasaab Kunta in Naganool Village at Nagarkurnool Municipality in Nagarkurnool District in State of Telangana against the directions of National Green Tribunal that there is a duty cast on State Authorities to protect water bodies against the encroachments and pollution as the authorities are not taking prompt action against such illegal activities which causes environment degradation in water bodies.
2) Further mentioned that encroachments are continuing in spite of pending Criminal Case FIR No.120/2016 charge sheet before Court of Judicial Magistrate of First class at Nagarkurnool and no action taken against the persons responsible for encroachments to save the water body.
3) So the applicant sought relief, to declare the action/inaction as illegal against Environment Act 1986,Water Act, 1974 and Biodiversity rules, 2016, direct respondents to conduct study on adverse effects of illegal encroachments for restoration and remedial measures, to take stringent action against encroachers as per the Acts, to restore the tanks, demarcate the FTL and Buffer Zone for preventing /removing encroachments and to direct the Authorities to assess the quantum of damage caused to environment for taking remedial measures.
4) In order to ascertain the genuineness of the allegations made in this application, the Hon‟ble National Green Tribunal, Chennai have appointed a Joint Committee on 06.10.2020 comprising of 1) The District Collector, Nagarkurnool District, 2) Superintending Engineer of Irrigation Department having jurisdiction over the area 3) Senior Officer from the Telangana Lake Protection Committee 4) Senior Officer from Telangana pollution Control Board as deputed by its chairman to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
5) Accordingly, the Government, vide Memo. No. 10150/MI/A2/2020-2 Dated 18.11.2020 have constituted Joint Committee comprising 1) The District Collector, Nagarkurnool District. 2) The Chief Engineer, Minor Irrigation (KB), Hyderabad. 3) The Superintending Engineer, Irrigation Circle, Mahabubnagar.
4) Sri D.Krupanand, Joint Chief Environmental Engineer, Zonal Office, Hyderabad and directed to submit the report on the following directions.
a) To consider the question of existence of water bodies and the nature of encroachment and the steps taken to remove the same in respect of Kesarisamudram Minor Irrigation Tank, Tummalakunta Lake at Nellikonda, Puntala kunta and Saddalasaab Kunta in Nagnool at Nagarkurnool Municipality in Nagarkurnool District and if there is any damage caused to the environment to assess environmental compensation against the violators. If there is any pollution caused to the water quality, they are also directed to ascertain the source of pollution after conducting water analysis test and submit the remedial measures to rectify the same. They are also directed to ascertain Page 25 of 60 whether garbage, construction debris etc., are dumped and any discharge of untreated sewage into the water body.
b) To ascertain as to whether the encroachment has been made into the water body overlooking Full Tank Level (FTL) and buffer zone as fixed by the Government and the Irrigation Department.
c) To submit the report to the Hon‟ble National Green Tribunal on or before 08.12.2020 by e-filing along with required hard copies to be produced as per rules.
6) Accordingly a meeting was conducted with all the members on 24.11.2020 and inspected the tanks specified The information obtained from the Revenue Divisional Officer, Nagarkurnool, the Executive Engineer, IB Division Nagarkurnool, the Municipal Commissioner Nagarkurnool and Pollution Control Board, Hyderabad regarding permissions issued in respect of survey Numbers covered in FTL and Buffer zone, damage caused to the environmental compensation against violators, pollution caused to the Water quality, the source of pollution after conducting water analysis test and remedial measures, dumping of garbage construction debris etc., and discharge of untreated sewage into the water bodies of the Kesarisamudram tank, Tummalakunta, Puntala kunta (Putnaala Kunta) and Saddalasaab kunta under Municipal limits of Nagarkurnool is detailed below.
7) Joint Chief Environmental Engineer, Sri D.Krupanand has submitted report vide letter No. Gen /182 of 2020/TSPCB/ZOH/2020, Dated 03.12.2020 and stated that the District Collector has directed the JCEE, TSPCB to collect the inlet & outlet water samples of Kesarisamudram Minor irrigation Tank in Tummalakunta Lake at Nellikonda, Putnala kunta and Saddalasaab Kunta in Naganool at Nagarkurnool Municipality in Nagarkurnool District. Accordingly, the officials of TSPCB have collected the inlet and outlet water samples of above mentioned 4 lakes on 24.11.2020 and submitted to the Central Laboratory, Hyderabad for analysis. The details of the 4 lakes are 1. Kesarisamudram Minor irrigation Tank, 2. Tummalakunta Lake, 3.Putnalakunta and 4. Saddalasaab Kunta.
The Central Pollution Control Board (CPCB) has issued water quality criteria for lakes and water bodies. The water quality in the lakes/water bodies is classified into A, B, C, D& E based on the water quality of the lake/water bodies. The classification is as follows:
CPCB Water Quality Criteria A B C D E Parameters 6.5 -
6.5 - 8.5 6.5 - 8.5 6.0 - 9.0 6.0 - 8.5
pH 8.5
Electrical - - - - Max 2250
conductivity
Dissolved
6 or>6 5 or>5 4 or>4 4 or>4 -
oxygen
BOD 3 at 2 or < 2 3 or < 3 3 or < 3 - -
27OC
Free 1.2 or
- - - -
Ammonia <1.2
SAR - - - - Max 26
Boron - - - - Max 2
Total coli 500 or 5000 or <
50 or < 50 - -
form <500 5000
CPCB Water Quality Criteria:
A-Drinking water source without conventional treatment but after disinfection B-Outdoor bathing (Organized) C-Drinking water source after conventional treatment and disinfection D-Propagation of wild life and fisheries E-Irrigation, Industrial cooling, Controlled Waste disposal Below E: Not meeting A, B, C, D, E criteria The details and observation of the individual lakes are as follows:
1. Kesarisamudram Minor irrigation Tank:
Name of the Lake Kesarisamudram Minor irrigation Tank, & Location Nagarkurnool Mandal and District.
Page 26 of 60
Details of the Lake
(a) GPS Points N: 16029‟31.0"
E: 78019‟12.0"
(b) North-East Yendabetla Village
(c) East - Nagarkurnool to Kalwarkuthy Road followed
South Agriculture lands
(d) South - Agriculture lands
West
(e) West - Nagarkurnool Town
North
Inlet Sources into 1)Sewage from Nagarkurnool Municipality
the Lake
2) Nalla vagu and Kalwakurthy lift irrigation overflow
3) Pentoni Cheruvu overflow (Palem)
4) Distributor - 10 (D-10) Kalwakurthy lift irrigation, Tirumalapur village Outlets Ultimately joining into the Dindi River.
Nearby Industries, --
if any.
Details of dump Sewage from Nagarkurnool Town joining into the
nearby lake, if lake.
found
The Board officials have collected samples from the following locations:
1. Inlet of Kesarisamudram, Sewage from Telephone Exchange Colony, which is major sewage source, Nagarkurnool District.
2. Inlet of Kesarisamudram from Pentoni Cheruvu overflow (Palem).
3. Kesarisamudram lake sample, Nagarkurnool Mandal and District.
There are 4 sources of water flow into Kesarisamudram lakes. The sources are Pentoni Cheruvu overflow (Palem) and Distributor - 10 (D-10) Kalwakurthy lift irrigation, Tirumalapur village was in dry condition, hence the water samples could not be collected.
The officials have collected the water samples at the remaining 2 inlets of Kesarisamudram Lake and also Lake sample. The outlet of the lake sample could not be collected as there is no over flow from the lake on the day of inspection. The analysis reports of the above 3 locations are as follows:
Samplec : Sample details / collection point ode 11541 - Water sample collected from Inlet of Kesarisamudram sewage from Telephone Exchange Colony which is major sewage source, Nagarkurnool District 11542 - Water sample collected from Inlet of Kesarisamudram from Pentoni Cheruvu overflow (Palem) Page 27 of 60 11543 - Water sample collected from Kesarisamudram lake, Nagarkurnool District Results Parameters Unit 11541 11542 11543 7.68 8.04 8.43 pH -
2075 748 508
Electrical conductivity µS/cm
Dissolved Oxygen mg/L Nil 6.5 6.8
mg/L 142 20 16
Chemical Oxygen Demand
BOD 3 days 27OC mg/L 36 08 06
Total Suspended Solids mg/L 18 <5 <5
Total Dissolved Solids mg/L 1218 441 345
Total Hardness as CaCO3 mg/L 640 212 144
Calcium as Ca+2 mg/L 149 54 34
Magnesium as Mg+2 mg/L 65 19 15
Nitrates mg/L 32 9 6
mg/L 183 114 80
Sodium as Na
mg/L 19 5 4
Potassium as K
mg/L BDL 0.12 BDL
Boron
CPCB water quality criteria class E D D
From the above analysis reports, it is evident that Water sample collected from Inlet of Kesarisamudram sewage from Telephone Exchange Colony which is major sewage of Nagarkurnool town falls under E-Class as per CPCB water criteria classification, which means it can be used for irrigation, industrial cooling, control waste disposal but cannot be used for drinking, outdoor bathing etc., The other inlet of Kesarisamudram from Pentoni Cheruvu overflow (Palem) and Lake water samples also fall under D-Class as per the CPCB classification which indicates that the water can be used for propagation of wild life and fisheries and irrigation purpose, but cannot be used for drinking and outdoor bathing.
From the above analysis reports it can be ascertained that the Kesarisamudram lake water falls under D-class., and further during the meeting on 24.11.2020 the Municipal Commissioner, Nagarkurnool has stated that the 2.3 MLD and 3.2 MLD Sewerage Treatment Plants (STPs) are under construction for treatment and disposal of Municipal Sewage generated from Nagarkurnool town and the same will be completed by March, 2021. After the completion and commissioning of the above mentioned 2 Nos of STPs, the water quality of the lake will be improved further as the un-treated sewage will be treated before joining into the lake.
2. Tummalakunta Lake:
Name of the Lake & Location Thummala Kunta (Chowta Kunta), Nellikonda, Nagarkurnool District.
Details of the Lake
(a) GPS Points N: 16027‟33.0"
E: 78018‟52.0"
(b) North-East Market yard followed by
Agriculture land
(c) East - South Agriculture land
(d) South - West Open land followed by Nellikonda
village
Page 28 of 60
(e) West - North Private Venture followed by
Nellikonda village
Inlet Sources into the Lake Rain water coming from
surroundings of the lake.
Outlets --
Nearby Industries, if any. --
Details of dump nearby lake, if --
found
The source of water to this lake is rain water only and there is no other source of water to this lake. At the time of inspection, the lake was in dry condition hence the water sample could not be collected.
3. Putnala kunta Lake:
Lake Name & Address Putnala Kunta (Puntala kunta), Naganool, Nagarkurnool District Details of the Lake
(a) GPS Points N: 16027‟38.0"
E: 78018‟55.0"
(b) North-East Agriculture lands
(c) East - South Agriculture lands
(d) South - West Agriculture lands
(e) West - North Agriculture lands
Inlet Sources into the Lake Rain water coming from
surroundings of the lake.
Outlets --
Nearby Industries, if any. --
Details of dump nearby --
lake, if found
The source of water to this lake is rain water only and there is no other source of water to this lake. During the inspection, the level of the water in the lake is minimum and there is no overflow from the lake to the downstream. The officials of the Board have collected the water samples of the lake and analysis results are as follows:
Sample : Sample details / collection point Code code 11545 - Water sample collected from Putnala Kunta, Naganool, Nagarkurnool District Results Parameters Unit 11545 8.44 pH -695
Electrical conductivity µS/cm Dissolved Oxygen mg/L 4.0 Page 29 of 60 mg/L 45 Chemical Oxygen Demand BOD 3 days 27OC mg/L 12 Total Suspended Solids mg/L <5 Total Dissolved Solids mg/L 435 Total Hardness as CaCO3 mg/L 188 Calcium as Ca+2 mg/L 34 Magnesium as Mg+2 mg/L 25 Nitrates mg/L 6 mg/L 112 Sodium as Na mg/L 4 Potassium as K mg/L BDL Boron CPCB water quality criteria class D
From the above analysis reports, it is evident that Water sample collected from lake falls under D-Class as per the CPCB classification which indicates that the water can be used for propagation of wild life and fisheries and also for irrigation, however cannot be used drinking and outdoor bathing.
4. Saddalasaab Kunta Lake:
Lake Name & Address Sabaisab Kunta (Saddalasaab Kunta)near to Naganool, Nagarkurnool District Details of the Lake
(a) GPS Points N: 16027‟30.0"
E: 78018‟50.0"
(b) North-East Nagarkurnool Town
(c) East - South Agriculture lands followed by Naganool
village
(d) South - West Naganool Town
(e) West - North Naganool Town
Inlet Sources into the Lake Rain water coming from surroundings of
the lake.
Outlets --
Nearby Industries, if any. --
Details of dump nearby --
lake, if found
The source of water to this lake is rain water only and there is no other source of water to this lake. During the inspection, the level of the water in the lake is minimum and there is no overflow from the lake to the downstream. The officials of the Board have collected the water samples of the lake and analysis results are as follows:
Sample code : Sample details / collection point 11544 - Water sample collected from Sabaisab Kunta (Saddalasab Kunta) near to Naganool, Nagarkurnool District.
Results
Parameters Unit
11544
7.98
pH -
1264
Electrical conductivity µS/cm
Dissolved Oxygen mg/L 6.9
Page 30 of 60
mg/L 10
Chemical Oxygen Demand
BOD 3 days 27OC mg/L 2.5
Total Suspended Solids mg/L <5
Total Dissolved Solids mg/L 747
Total Hardness as CaCO3 mg/L 372
Calcium as Ca+2 mg/L 83
Magnesium as Mg+2 mg/L 40
Nitrates mg/L 28
mg/L 27
Sodium as Na
mg/L 11
Potassium as K
mg/L BDL
Boron
CPCB water quality criteria class B
From the above analysis reports, it is evident that Water sample collected from Lake Falls under B-Class as per the CPCB classification which indicates that the water can be used for outdoor bathing, and also used for drinking after conventional treatment and disinfection.
In view of the above, the sewage source of Kesarisamudram lake is the main source of pollution caused to the lake whereas the other source of water to the lake is Kalwakurthy lift irrigation tank overflow which is fresh water used for irrigation purpose. The un-treated sewage source into Kesarisamudram lake can be stopped after the construction and commissioning of 2.3 MLD and 3.2 MLD Sewage Treatment Plants (STPs). The water quality in the lake further improved from D-class to C or B Class.
The source of water to other three lakes (Tummalakunta, Puntala kunta and Saddalasaab Kunta) are rain water only and there is no sewage flow and industrial waste water into the lakes. The water quality can be further improved by avoiding garbage dumping into the lakes and also filling of the lakes with irrigation water.
8) The Municipal Commissioner, Nagarkurnool stated with regard to dumping of Garbage, construction debris and discharge of untreated sewage into water body vide letter No. G/25/2020 dated:03.12.2020 that, Nagarkurnool Municipality is producing 13 M Tons of Dry and Wet Solid Waste per day. Solid Waste is collected daily by Door to Door Collection vehicles (Autos) at the Door step of the every house hold. So collected Solid Waste is directly taken to the Dump yard (Extent of Ac.5.00) which is located in Chandaipally village shiver. There are 13 such autos and 2 tractors which are taking care of this process daily without fail. There is no chance of dumping Garbage and construction debris into nearby water bodies.
Every now and then this process is inspected by Municipal Commissioner to ensure the correct implementation of the same.
Sewage water is discharged into Kesarisamudram through 2 inlets till now. Presently there are 2 STPs under construction near Bus Depot, Nagarkurnool. They are of 2.3 and 3.2 MLD each. Those STPs will be completed by March-2021. Then total sewage water is to be diverted to STPs. After treating so collected effluents and left into feeder channel near bus depot safely.
9) As per the instructions of District Collector Nagarkurnool during the meeting held in chambers of District Collector & Magistrate Nagarkurnool on 19.11.2019, a joint inspection along with Revenue Dept. and Municipal authorities was conducted by Irrigation Dept. on 31.12.2019 on illegal encroachments made within the FTL and buffer zone of Kesarisamudram. During joint inspection FTL boundary and Buffer Zone of Kesarisamudram was fixed. Within the boundary of FTL and buffer zone total 31 encroachments were identified.
1. Kesarisamudram tank (Annexure-I) Encroachments in FTL Sl. Name of H.No/ Land Village GPS Co-ordinates Type of Remarks of Remarks of No the Sy.No Classi Structure irrigation Municipal encroach ficatio Authorities Authorities er n East North 1 Sri.Syama Sy.No.3 Patta Nagarkur 0213258 1825326 Raising FTL Structure is Un-authorised Sunder nool area size falling in FTL /illegal layout (152.5x 160 meters) Compound wall filled with soil Page 31 of 60 2 Sri.Rajend Sy.No.16 Patta Nagarkur 0212351 1825462 Residential Structure is Un-authorised er nool House size falling in FTL Construction 16x10 meters) RCC Frame Works completed laid RCC Slab for Ground Flour and 1st Flour) 3 Sri.VijayK Sy.No.16 Patta Nagarkur 0212354 1825476 AC sheet Structure is Un-authorised umar nool roofing for falling in FTL Construction Water Plant size (12x9.55) meters 4 Sri.Md.Jah Sy.No. Patta Yendabetl 0214355 1826458 Reinforcemen Structure is Un-authorized angir 39/E a t was erected falling in FTL Construction, S/o.Jaffer for laying the P.O&C.O Ali RCC Notices issued Columns, size on 06.11.2019, (31x30) 26.11.2019 meters 5 Lay out Sy. Nos.27 Patta Uyalawad 0211240 1826253 Size FTL area raised Un-authorized to40 a (200x150) with soil /illegal layout meters FTL platform for for Raised plotting withSoil for (near plotting Navodaya college) 6 Sri.Miryal Sy.No. Patta Cherla 213582 1825081 Swimming Falling in aTirupath 156 Thirumal Pool FTL.Tirumalapu aiah apurTado Compound r village of orMdl size (20x39) TadurMandal meters 7 Sri.Malish Sy.No.17 Patta Nagarkur 0212196 1825459 Foundation Part of size ettypapaia nool raised up to 20.5 mx17.00 h basement m in FTL and level size remaining 21mx17.m in structure FTL (near falling in buffer back side of zone (near Sowbaghya back Garden) sideofSowbagh ya Garden) Encroachments in Buffer Zone 8 Sri. Sy.No.16 Patta Uyalawad 0210981 1826522 All around the Part of PalamurRaju Uyyalvada a open plots Compound S/o (layout) wall(60 Mtrs) Thirupathaiah Compound Wall was constructed part of the compound wall size (60x20) meters area is falling under buffer zone 9 Smt. K Sy.No.23 Patta Nagarkur 30 meters of Un-authorized Krishnamma nool 0212349 1825493 compound Part of Construction wall west side compound Compound wall is falling wall falling under buffer under buffer zone(40X30) zone m 1 Sri. Shivaji Sy.No. 16 Patta Nagarkur 0212336 1825420 part of Part of Un-authorized 0 nool Residential Building Construction Building size falling in (5x 16.5) Buffer Zone meters area is (5 mts width falling under and 16.5 mts buffer zone length) 1 Sowbhagyaga Sy.No. Patta Nagarkur 0212193 1825439 All around the Part of 1 rden 360 nool open plots compound compound (layout) wall (56 wall Compound Mtrs) Falling Wall was in Buffer constructed zone part of the Page 32 of 60 compound wall 56x8.5 meters area is falling under buffer zone 1 Sri. Sy. No-15 Patta Nagarkur 0212502 1825402 Total Full Structure Un-authorized 2 MadigalaGopa nool Structure falling in Construction l (15x9.5) Buffer Zone meters falling near under Buffer Gurukulapata Zone sala 1 Sri. H.No. Grama Nagarkur 0213440 1825074 Old House Part of Old House 3 SadvinUsman 6-90 Kanta nool constructed Building constructed m/ above 60 falling in way back 60 abaadi years part of Buffer Zone years records / house size at R/s Weir not available Village (5x3.25) Opposite (5 site meters falling Mtrs) under Buffer Zone 1 Sri. Mukthar 6-89 Grama Nagarkur 0212436 1825063 Old House Part of Old House 4 Ahmed Kanta nool constructed Building in constructed S/o. Dabil m/ above 22 Buffer Zone way back 22 Ahmed abaadi years part of at R/s Weir years records / house size Opposite (6 not available Village (7x6) meters mtrs wide) site falling under Buffer Zone 1 Sri. Mukthar 6-88 Grama Nagarkur 0213452 1825049 Old House Part of Old House 5 Ahmed Kanta nool constructed Building constructed S/o. Dabil m/ above 30 falling in way back 30 Ahmed abaadi years part of Buffer Zone years records / house size at R/s Weir not available Village (7x6) meters Opposite site falling under (6mtrs) Buffer Zone 1 Sri. 6-85 Grama Nagarkur 0213491 1825057 Old House Part of Old House 6 ShaikSayad Kanta nool constructed Building constructed m/ above 60 falling in way back 60 abaadi years part of Buffer Zone years records / house size at R/s Weir not available Village (7x6) meters Opposite (6 site falling under mtrs wide) Buffer Zone 1 Sri. 6-84 Grama Nagarkur 0213361 1825069 Old House Part of Old House 7 ShaikUsmanb Kanta nool constructed Building constructed inUddhin m/ above 30 falling in way back 30 abaadi years part of Buffer Zone years records / house size at R/s Weir not available Village (21x6) meters Opposite (6 site falling under mtrs) Buffer Zone 1 Sri.Moosa Sy.No.1 Patta Nagarkur 0213593 1825010 Old House Full Old Mosque 8 Masjid nool constructed Structure constructed above 500 falling in way back 500 years Total Buffer Zone years records structure size at R/s Weir not available (39x9) meters Opposite (9 fallingunder mtrswide) Buffer Zone 1 Govt Building Sy.No.16 Patta Uyyalawa 0213470 1825176 Full Structure Full Structure 9 da falling in falling in Buffer Zone Buffer Zone Z.P.P. Building Uyyalawada vg 2 Sri.Danugula 1-40, Govt Yendabetl 0214613 1826062 House Full Un-authorized 0 Masaiah S/o Sy.No. Land a constructed Structure Construction Savaraiah way back 4 falling in (Yendabetla years Full Buffer Zone GP) Structure Yendabetlavil falling in lage Buffer Zone Size (9x7.3) meters 2 Sri.Danugula 1- Govt Yendabetl 0214606 1826073 House Full Structure Constructed 1 ChinnaMasaia 41Sy.No. Land a constructed falling in way back 15 h S/o way back 15 Buffer Zone years records Savaraiah years Full Yendabetla not available Structure in village (Yendabetla Buffer Zone GP) Size6.7x6.6 meters 2 Sri. 1- Govt Yendabetl 0214611 1826083 House Full Structure Constructed 2 DanugulaKarr 43Sy.No. Land a constructed in Buffer way back 20 enna way back 20 Zone years records Page 33 of 60 S/o.Adavi years full Yendabetla not available Anna structure village (YendabetlaGP) falling in (above MWL Buffer Zone level) Size (9x5.8) meters 2 Sri. 1-42 Govt Yendabetl 0214612 1826079 House Full Structure Constructed 3 DanugulaDas Sy.No. land a constructed falling in way back 20 aratha S/o. way back 20 Buffer Zone years records AdaviAmma years full Yendabetla not available structure village (Yendabetla falling in GP) Buffer Zone Size (9.2x5.4) meters 2 Sri. 1-44 Govt Yendabetl 0214606 1826094 House Full Structure Un-authorized 4 PanduMuddag Sy.No. Land a constructed falling in Construction ula S/o. way back 2 Buffer Zone (Yendabetla Lakshmaiah years Part of Yendabetla GP) structure village (16 falling in meters wide) Buffer Zone Size (5.8 x16) meters 2 Sri.PasupulaL 1-61 Govt Yendabetl 0214556 1826145 House Full Structure Constructed 5 aksmaiah S/o Sy.No. Land a constructed falling in way back 15 Masaiah way back 15 Buffer Zone years records years Full Yendabetla not available Structure village (Yendabetla falling in (above MWL GP) Buffer Zone level) size (11x5.5) meters 2 Sri.MakkalaK 1-58 Govt Yendabetl 0214546 1826125 House Full Structure Constructed 6 urmaiah, 1-60 Land a constructed falling in way back 17 Sri Sy.No. way back 17 Buffer Zone years records MakkalaMasai years Full Yendabetla not available ah S/o Structure village (Yendabetla Yellaiah falling in GP) Buffer Zone size7.3x4.7 meters 2 PasupulaBhee Sy.No. Govt Yendabetl 0214558 1826114 House Full Structure Un-authorized 7 mudu Land a constructed falling in Construction S/o way back 2 Buffer Zone (Yendabetla ChinnaKurmai years Full Yendabetla GP) ah Structure village (bove falling in MWL level) Buffer Zone size (7.5x4) meters 2 Urban 10-119/2 Patta Nagarkur 0213331 1825175 School Full Constructed 8 Residential sy.No.3 nool Building Full Structure way back 20 School Structure falling in years records falling in Buffer Zone not available Buffer Zone Size (47x19) meters 2 All Saints 10-203/8 Patta Nagarkur 0213240 1825300 School Full Structure Constructed 9 High School Sy.No.3 nool Building Full falling in way back 20 Structure Buffer Zone years records falling in (18 mtrs not available Buffer Zone wide) Size (61x18) meters 3 Sri.N. 10- Patta Nagarkur 0213231 1825287 Part Full Structure Un-authorized 0 Vishnumurthy 203/1/A nool compound falling in Construction Sy.No.3 wall size Buffer Zone falling in (9 meters Buffer Zone Wide) (18x9) meters 3 Smt. G. Sy.No. Patta Yendabetl 0214383 1826470 Residential Full Structure P.O (1st) notice 1 Shalini W/o 39/E a building Full falling in issued on G. Srinivas Structure Buffer Zone 06.11.2019 Smt. R. falling in Yendabetla vide Divyasundara Buffer Zone village no.G/Y2/UC/ W/o size ngkl/19 owner SrinivasRao (14.4x13.6) is submitted meters G.P. Permission.
2. Tummalakunta(Chowta Kunta) (Annexure-II):
Page 34 of 60Sl.No Name of the Sy. Total Classification of Details of encroachments in village Extent land FTL/Buffer Zone No Shikam/ patta 1 The Tank Bund 100 meters length was removed by the unknown persons, inturn Sri.M.BabuChand AEE, incharge of Nagarkurnool Mandal lodged a complaint Naganool 363 19.25 Patta Land in Police Station NagarkurnoolvideFIRNo.176/2019 Dated:11.08.2019.
3. Putnalakunta (Annexure-III):
Sl. No. Name of the Sy. Total Classificatio Details of encroachments in village No. Extent n of land FTL/Buffer Zone 1 Naganool 471 Ac 16.07 Govt Shikam Cross bund was formed to divert the Gts water in to the Govt land by the unknown persons, in turn Sri. M. 2 485 7.17 Patta Babuchand AEE, incharge of Nagarkurnool Mandal lodged a 3 486 20.00 Patta complaint in Police Station Nagarkurnool vide FIR 4 487 10.08 Patta No.240/2020 Dated:01.08.2020.
5 489 9.27 Patta
4. Saddalasaab kunta (Annexure-IV):
Sl. No. Name of the Sy. Total Classificatio Details of encroachments in village No. Extent n of land FTL/Buffer Zone 1 Naganool 118 Ac.4- Patta Open Plot Nos.42 & 68 are noticed 09Gts. along the periphery of FTL from 0 to 110 metres only along with other plots with total extent 2 plots is Ac 0-10gts
10) Out of 31 encroachments which fall under FTL / Buffer Zone of Kesarisamudram Tank mentioned in table above, eighteen (18) encroachments in the FTL / Buffer Zone of the Water Bodies are Patta Lands, five (5)encroachments are classified as Gramakantam /Abadi/Village site and remaining Eight (8) encroachments are Govt lands in the FTL / Buffer Zone of the Water Bodies. It is submitted that, the Khasra Pahani (Land Revenue Record for the year (1954-55) is a basic record for providing ownership of the land holders and other entries of the land details (i.e., Classification, Total extent etc.,) of the revenue village, which is legal sanctity in Telangana State. In continuation to the said record, as per the Sessala for the year 1955-58 and other subsequent years, the revenue records were prepared. On verification of KhasraPahani (Land Revenue record) the subject survey numbers in which structures were observed by the committee falls under FTL / Buffer zone of Kesarisamudramtank which are classified as (18) Patta lands (Private Lands), (5) Gramakantam / Abadi /Village site and (8) structures in Govt. Land.
I. Kesarisamudram Tank Sri M.ShayamSunder in Sl.No.1 of Annexure-I in Sy.No.3 in Nagarkurnool Village raised the FTL land by constructing retaining wall all around the plot to an extent of Ac.6.02 Gts and filled with soils:
The Deputy Executive Engineer, I.B Sub Division, Nagarkurnool has lodged a complaint vide FIR No.120/2016 on 04.05.2016 in Police station Nagarkurnool on raising of FTL land for Developing the Real estate plots in survey No.3.The Police authorities are informed vide their letter No. Pet-SDON/2020, Dated.04.12.2020 that charge sheet filed against the accused and the case is pending trial vide CC.No.290/2016.Page 35 of 60
The Revenue Divisional Officer, Nagarkurnool stated that WP.No.14826/2020 filed by M.ShyamSunder S/o Narasimhaiah in Hon‟ble High Court, Hyderabad complaining the inaction for not processing in Proceeding . No. E/1489/2016 dated 16.09.2020 for conversion of agriculture land into non agriculture land was disposed by the Hon‟ble High Court, Telangana, Hyderabad duly stating that, in the given circumstances of the instant case, since the application filed by the vendors of the petitioner to convert the subject land for non-agricultural use was rejected by the 3rd respondent/Revenue Divisional officer, Nagarkurnool vide Proceeding No. E/1489/2016, dt.16.09.2020, no orders need to be passed in this writ petition. The petitioner is granted liberty to work out the remedies available to him under law. Again, the encroacher approached the Hon‟ble High Court, Hyderabad and filed WP.No.18872/2020 and the same is pending.
The Municipal commissioner stated that, as per the request made by Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments within 7 days from the date of receipt of notice failing which further action will be initiated as per rules in force vide file No. G/1116/UC/NGKL/2020 Dated:26.11.2020. Consequently, the encroachers approached the Hon‟ble High Court Telangana State Hyderabad vide WP.No.21887/2020 dated:30.11.2020.The Hon‟ble High Court ordered that till such time the final orders are passed the official respondents shall not take any coercive steps against the petitioners.
Sri.Rajender in Sl.No.2 of Annexure-IinSy.No.16 of Nagarkurnool Village constructing Residential House in 191.28 Sq yards:
Sri.Vijay Kumar in Sl.No.3 of Annexure-Iin Sy.No.16 of Nagarkurnool Village constructed Water Plant (AC sheet roofing) to an extent of137.06 Sq.Yds:
Sri.Malishetti Papaiah in Sl.No.7ofAnnexure-I in Sy.No.17 of Nagarkurnool Village of Nagarkurnool Mandal raised foundation up to basement level to an extent of 427.00Sq.Yds:
Sri.Palamuri Raju in Sl.No.8.ofAnnexure-I in Sy.No.16 of Uyyalawada Village of Nagarkurnool Mandal constructed part of the compound wall falling under Buffer zone to an extent of Ac 0.296:
Sri.Shivaji in Sl. No.10 of Annexure-I in Sy.No.16 of Nagarkurnool Village of Nagarkurnool constructed a part of residential building falling under Buffer Zone with an extent of 98. 78Sq.Yds:
Sri.Madigala Gopal Sl.No.12. of Annexure-I Sy.No.15 of Nagarkurnool Village of Nagarkurnool Mandal constructed total residential house to an extent of 170.42 Sq. Yds. falling under buffer zone:
Urban residential School in Sl.No. 28. Of Annexure-I, Sy.No.3 of Nagarkurnool Village of Nagarkurnool Mandal full structure falling in buffer zone in an extent of 1068.00 Sq. Yds.
For Sl.No.2,3,7,8,10,12 and 28 of Annexure-I, The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
In respect of Sl.No.2,3and10, The Revenue Divisional officer, Nagarkurnool Stated that, the former Revenue Divisional officer, Nagarkurnool Sri. CH. Srinivasulu has issued NALA permission vide Proc.No. I/1840/2018 dated:14.08.2018 in respect of survey No.16/2 to an extent of Ac. 0-20 Gts out of total extent existing in Sy.No.16, Ac.10-18 Gts, rest of Sy.No not issued any permissions.
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers Sl.No.2,3,8,10,12 and 28 of Annexure-Ito vacate/ remove the vide file No. G/1116/ UC/NGKL/2020 Dated:26.11.2020 and for Sl.No. 7 notice was not served as the address was not traced. In response to the notices issued to the Sl.No.12 has approached the Hon‟ble High Court, in WP.No.22231/2020 and the Hon‟ble High Court passed orders stating not to interfere in the petitioner H.No.12-156/6/3 until disposal of WP No.22231 of 2020.
The soil was raised for plotting in an extent of Ac 7.4Gts in Sl.No.5 of Annexure-I in Sy.Nos.27 to 40 of Uyyalawada.Page 36 of 60
Smt K.Krishnamma in Sl No.9.of Annexure-I in Sy.No.23 of Nagarkurnool Village of Nagarkurnool Mandal, part of Compound wall constructed falling under buffer zone area to an extent Ac 0-12 guntas. A part of Sowbhagya gardens compound wall is constructed in Sl.No.11.ofAnnexure-I in Sy.No.360 of Nagarkurnool Village of Nagarkurnool Mandal falling under Buffer zone to an extent of 569.29 Sq. Yds:
For Sl.No.5,9,11 of Annexure-I, The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional officer, Nagarkurnool vide letter no A/2300/2019 dated.04.12.2020 Stated that, the said Sl.No‟s, the NALA permissions have been issued by the then the Revenue Divisional officer‟s, Nagarkurnool in respect of Sy.No.360,28,29,38,39,23 and requested District Collector for cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt: 05.12.2020.
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers vide Sl.no. 9 and Sl.11 to vacate/ remove the vide file No. G/1116/ UC/NGKL/2020 Dated:26.11.2020 and in Sl.No.:5 having Sy.No 27 to 40. Addresses were not traced out in layout due which the notices were not served.
Md. Jahangir in Sl.No.4. of Annexure-Iin Sy.No.39/E of Yendabetla Village erected reinforcement for laying RCC Column to an extent of 1112 27 Sq.Yds:
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that,Sri Hanuma Naik, the former Revenue Divisional officer, Nagarkurnool issued NALA permission vide Proc.No. A/342/2019 dated:21.02.2019 in respect of survey No.39 to an extent of Ac.3-20Gts. Subsequently the Revenue Divisional officer, Nagarkurnool vide Lr.No.B/2300/2019 Dated:02.12.2019 requested the District Collector, Nagarkurnool to issue order for Cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt: 31.12.2019.
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers to vacate/ remove the vide file No. G/1116/ UC/NGKL/2020 Dated:26.11.2020.
Sri.MiryalaThirupathaiah constructed swimming pool to an extent of Ac.0.20 Gts in Sl.No.6. of Annexure-I in Sy.No.156 of CherlaThirumalapur Village of Tadoor Mandal:
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional Officer, Nagarkurnool stated that, the Former Revenue Divisional Officers, Nagarkurnool have not issued any NALA permission in respect of Sy.No.156.Further no approvals/ permissions have been given for construction of Swimming pool.
Sri.Sadvin Usman in Sl.No.13.ofAnnexure-I in Sy.No.Gramkantam/Abadi/ Village site of Nagarkurnool Village of Nagarkurnool Mandal constructed old house 60 years way back, part of structure falling under buffer zone to an extent of 19.44 Sq.Yds:
Sri.Mukthar Ahemadin Sl.No.14.of Annexure-I in Sy.No. Gramkantam/Abadi/ Village site of Nagarkurnool Village of Nagarkurnool Mandal constructed old house way back of 22 years, part of structure falling under buffer zone to an extent of 50.23 Sq.Yds Sri. Mukthar Ahemadin Sl.No.15.of Annexure-I in Sy.No. Gramkantam/Abadi/Village site of Nagarkurnool Village Nagarkurnool Mandal constructed old house way back of 30 years, part of structure falling under buffer zone to an extent of 50.23 Sq.Yds:Page 37 of 60
Sri.Shaik Syad in Sl.No.16.ofAnnexure-Iin Sy.No.Gramkantam/Abadi/ Village site of Nagarkurnool Village of Nagarkurnool Mandal constructed old house 60 years way back, part of structure falling under buffer zone to an extent of 50.23 Sq.Yds Sri.Shaik Usamnbinuddin in Sl.No.17. of Annexure-I in Sy.No.Gramkantam/Abadi/ Village site of Nagarkurnool Village of Nagarkurnool Mandal constructed old house way back of 30 years, part of structure falling under buffer zone to an extent of 150.69 Sq.Yds:
For Sl.No.13,14,15,16 and 17 of Annexure-1, The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that no permissions have been accorded from agriculture land to non-agriculture land (NALA).
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers to vacate/ remove the vide file No. G/1116/ UC/NGKL/2020 Dated:26.11.2020.
Moosa Masjid in Sl.No.18 of the Annexure-I in Sy.No.1 of Nagarkurnool Village of Nagarkurnool Mandal The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that no permissions have been accorded from agriculture land to non-agriculture land (NALA).
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020.
Z.P.P Govt Building Sl.No.19. of Annexure-I Sy.No.16 of Uyyalawada Village of Nagarkurnool Mandal.
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that no permissions have been accorded from agriculture land to non-agriculture land (NALA).
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020.
Sri. Danugula Masaiah s/o Sarvaiah. in Sl. No 20 of Annexure-I, Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure constructed in buffer zone in an extent of 81.20 Sq. yards.
Sri. Danugula Chinna Masaiah s/o Sarvaiah in Sl.No 21 of Annexure-I, Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 52.89 Sq. yards. Sri. Danugula Karrenna s/o Advanna in Sl.No.22of Annexure-I, Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 62.43 Sq. yards.
Sri. Dasarath S/o Danugula Advanna in Sl.No. 23 ofAnnexure-I,Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 59.42 Sq. yards.
Sri. Pandu Muddugula S/o Laxmaiah inSl.No. 24 ofAnnexure-I,Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, part of structure falling in buffer zone with an extent of 110.94 Sq. Yds.
Sri. Pasupula Laxmaiah S/o Masaiah in Sl.No.25 of Annexure-I,Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 72.36 Sq. Yds.
Sri. Makkala Kurumaiah& Sri Makkala Masaiah S/o Yellaiah in Sl.No.26 of Annexure-I, Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 41.03 Sq. Yds. Sri. Pasupula Bheemudu s/o Chinna Kurumaiah. in Sl.No. 27 of Annexure-I, Sy.No.176 of Yendabetla Village of Nagarkurnool Mandal, full structure falling in buffer zone with an extent of 35.88 Sq. Yds.Page 38 of 60
For Sl.No.20,21,22,23,24,25,26 and 27 of The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020.
All Saints High School in Sl.No.29of Annexure-I, Sy.No.3 of Nagarkurnool Village of Nagarkurnool Mandal full structure falling in buffer zone in an extent of 1313.20 Sq. Yds.
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that no permissions have been accorded from agriculture land to non-agriculture land (NALA).
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020.
Sri. Vishnumurthy in Sl.No.30 in Annexure-I, Compound walls in Sy.No.3 of Nagarkurnool Village of Nagarkurnool Mandal part of structure falling in buffer zone in an extent of 193.75 Sq. Yds.
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated:03.08.2020.
The Revenue Divisional officer, Nagarkurnool Stated that no permissions have been accorded from agriculture land to non-agriculture land (NALA).
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020.Consequent up on the notices issued by the Municipal commissioner they have approached Hon‟ble High Court vide WP.No.21887/2020. The Hon‟ble High Court ordered that till such time the final orders are passed the official respondents shall not take any coercive steps against the petitioners.
Smt G.Shalini w/o G.Srinivas, Smt. R.Divya Sundara W/o Srinivas Rao in Sl.No. 31of Annexure-I, Sy.No.39/E of Yendabetla Village of Nagarkurnool Mandal full structure falling in buffer zone in an extent of 235.84 Sq. Yds.
The Executive Engineer, IB Division Nagarkurnool has requested the Municipal Commissioner Nagarkurnool and Revenue Divisional Officer, Nagarkurnool to issue notices to the encroachers to evacuate from the FTL/ Buffer zone area vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020.
The Revenue Divisional officer, Nagarkurnool vide report stated that, the former Revenue Divisional officer, Nagarkurnool, Sri Hanuma Naik issued NALA permission vide Proc.No. A/2412/2019 dated: 19.10.2019 in respect of survey No.39to an extent of Ac.2-00Gts. Subsequently the Revenue Divisional officer addressed the District collector for cancelation above NALA permission, due to above Sy.no falling under Buffer zone of Kesarisamudram tank, accordingly the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt: 31.12.2019.
The applicant approached the Hon‟ble High Court, Hyderabad and filed a petition No.2596 of 2020 under section 151 CPC praying that in the circumstance stated in the affidavit filed in support of the writ petition, the Hon‟ble High Court, may be pleased to direct respondent not to interfere with the petitioner possession over land admeasuring Ac.02-00 Gts in Sy.no.39/EE situated at Yendabetla village, Nagarkurnool Mandal and District.
Further, the Hon‟ble High Court have disposed the WP No. 2596/2020 ordered that the respondents shall not interfere with the possession of the petitioners over the subject land, and the petitioner also shall not carry out any activity other than agriculture.
Further, IASR No.17120/2020 dated 06.03.2020 is pending for scrutiny on the file of the High Court.Page 39 of 60
The Municipal commissioner stated that, as per the request made by the Executive Engineer, IB Division Nagarkurnool vide Letter No. DIO/EEIB/NGKL/DB/TO/2020-21/572 Dated: 03.08.2020, notices were served to the encroachers to vacate/ remove the encroachments vide file No. G/1116/ UC/NGKL/2020 Dated: 26.11.2020. In response to the Municipal commissioner notice they have approached Hon‟ble High Court vide WP.No.21887/2020. The Hon‟ble High Court ordered that till such time the final orders are passed the official respondents shall not take any coercive steps against the petitioners.
II.Tummalakunta (Chowta Kunta):
Removal of bund to an extent of 100 metres of Thummala Kunta (Chowta Kunta), Nellikonda H/o.Naganool Village of Nagarkurnool Mandal in Sl.No. 1 of Annexure-II, Sy.No.363.
11) In Tummalakunta (Chouta Kunta), Nellikonda H/o Naganool Village, it is noticed that the tank bund to a length of 100 meters was removed by unknown persons. In turn, the Irrigation Department has lodged a complaint in Police Station, Nagarkurnool vide FIR No.176/2019, dated 11.08.2019 for enquiry on the damage occurred to the Government tank. The Police authorities are informed vide their letter No. Pet-SDON/2020, Dated.04.12.2020 that charge sheet filed against the accused and the case is pending trial vide CC.No.178/2020.
III.Putnalakunta:
Illegal formation of bund (Cross bund) to an extent of 1000 metres in the FTL area of Putnaala Kunta, Naganool Village of Nagarkurnool Mandal in Sl.Nos. 1 to 5 of Annexure-III, Sy.Nos.471, 485, 486, 487 & 477.
12) In Putnaala kunta, Naganool village, it is noticed that, Sri A. Om Naveen Kumar S/o Shankaraiah and MD. Ishaq S/o MD. Jaffar both R/o. Nagarkurnool having forming bund approximately 450meters in FTL area. The case is under investigation for collection of evidence. an illegal formation of bund was observed in all around Patta lands within the FTL area of the Putnaala Kunta by unknown persons. In turn, the Irrigation Department has lodged a complaint in Police Station, Nagarkurnool vide FIR No.240/2020, dated 01.08.2020 for enquiry as the formation of illegal bund within the FTL area reduces the capacity of tank and also it can also be seen as an encroachment.
The Police authorities informed vide their letter No. Pet-SDON/2020, Dated.04.12.2020 that charge sheet filed against the accused and the case is pending trial vide CC.No.90/2020.
IV. Saddalasaab kunta Illegal Layout in the FTL area of Saddalasab Kunta, Naganool Village of Nagarkurnool Mandal in Sl.No. 1 of Annexure-IV, Sy.No.117.
13) In Saddalasaab kunta, Naganool village, it is noticed that, Open Plot Nos.42 & 68 along the periphery of FTL from 0 to 110 metres, in Sy.No.117 with a total extent of Ac.0-10 Guntas are illegal layouts laid by unknown persons. The Demarking stones are observed but there are no Structures constructed in FTL/Buffer zone.
14) Further the persons responsible for encroachments as shown above approached Sri.Achary Thalloju, Hon‟ble member National Commission for Backward Classes, New Delhi. The National Commission for Backward Classes stated vide Lr.No. NCBC/MEMBER(AT)/2020/File No.167 dt.02.12.2020while the enquiry is under process the Executive Engineer, I&CADD., I.B. Division, Nagarkurnool, vide Lr.No.DIO/EEIB/NGKL/DB/TO/2020-21/572dated 03.08.2020 addressed the Municipal Commissioner, Nagarkurnool to remove the constructed and dwelling houses and in- turn a notice was issued by Municipal Commissioner, Nagarkurnool to the persons responsible for encroachments to vacate/remove vide No. G/lb/UC/NGKL/2020, dated 26.11.2020.NCBC reported that such houses were constructed with proper permission from the Municipal Authorities and now Taking the matter as cognizance under NCBC rules 3.2.7, where the matter relates to property and dignity of SECBs, the NCBC directed the Municipal Commissioner that the matter is seized of the issue and the authority is prohibited to take any action till the completion of enquiry in the matter by the NCBC.
Summary Report Details of encroachments in FTL and Buffer zone of Water Bodies covered under Hon'ble NGT Case.No. 182/2020.
S.No Name of Remarks Remarks of Revenue - Nala Conversions Remarks of
the of Municipality -
Encroacher Irrigatio Layout Approval
n - NOC
Page 40 of 60
I. Kesarisamudram Tank (ANNEXURE - I)
1 Sri.Shyam Not The Revenue Divisional Officer, Nagarkurnool stated Not issued any
Sunder Issued that WP.No.14826/2020 filed by M.Shyam Sunder S/o Layout Approvals
any NOC Narasimhaiah in Hon‟ble High Court, Hyderabad
complaining the inaction for not processing in Proceeding . No. E/1489/2016 dated 16.09.2020 for conversion of agriculture land into non agriculture land was disposedby the Hon‟ble High Court, Telangana, Hyderabad duly stating that, in the given circumstances of the instant case, since the application filed by the vendors of the petitioner to convert the subject land for non-agricultural use was rejected by the 3rd respondent/Revenue Divisional officer, Nagarkurnool vide Proceeding No.E/1489/2016, dt.16.09.2020, no orders need to be passed in this writ petition. The petitioner is granted liberty to work out the remedies available to him under law. Again, the encroacher approached the Hon‟ble High Court, Hyderabad and filed WP.No.18872/2020 and the same is pending.
Sri.Rajender Not The Revenue Divisional officer, Nagarkurnool Stated Not issued any Issued that, the former Revenue Divisional officer, Layout Approvals any NOC Nagarkurnool Sri. CH. Srinivasulu has issued NALA 2 permission vide Proc.No. I/1840/2018 dated:14.08.2018in respect of survey No.16/2 to an extent of Ac. 0-20 Gts out of total extent existing in Sy.No.16, Ac.10-18 Gts.
Sri.VijayKumar Not The Revenue Divisional officer, Nagarkurnool Stated Not issued any Issued that, the former Revenue Divisional officer, Layout Approvals any NOC Nagarkurnool Sri. CH. Srinivasulu has issued NALA 3 permission vide Proc.No. I/1840/2018 dated:14.08.2018 in respect of survey No.16/2 to an extent of Ac. 0-20 Gts out of total extent existing in Sy.No.16, Ac.10-18 Gts.
Sri.Md.Jahangi Not The Revenue Divisional officer, Nagarkurnool Stated Not issued any r Issued that, Sri Hanuma Naik, the former Revenue Divisional Layout Approvals any NOC officer, Nagarkurnool issued NALA permission vide S/o.Jaffer Ali Proc.No.A/342/2019 dated:21.02.2019 in respect of survey No.39 to an extent of Ac.3-20 Gts.
Subsequently the Revenue Divisional officer, 4 Nagarkurnool videLr.No.B/2300/2019 Dated:02.12.2019 requested the District Collector, Nagarkurnool to issue order for Cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt:
31.12.2019.
Soil raised for Not The Revenue Divisional officer, Nagarkurnool vide letter Not issued any plotting in Issued no A/2300/2019 dated.04.12.2020 Stated that, the Layout Approvals Sy.Nos. 27 to any NOC said Sl.No‟s, the NALA permissions have been issued 40 by the then the Revenue Divisional officer‟s, Nagarkurnool in respect of 5 Sy.No.360,28,29,38,39,23 and requested District Collector for cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt: 05.12.2020.
Sri.MiryalaTiru Not The Revenue Divisional Officer, Nagarkurnool stated Not issued any pathaiah Issued that, the Former Revenue Divisional Officers, Layout Approvals any NOC Nagarkurnool have not issued any NALA permission in 6 respect of Sy.No.156.Further no approvals/ permissions have been given for construction of Swimming pool.
Sri.Malishettyp Not Not Issued any Nala Permission Not issued any 7 apaiah Issued Layout Approvals any NOC Sri. Not Not Issued any Nala Permission Not issued any 8 PalamurRaju Issued Layout Approvals S/o any NOC Page 41 of 60 Thirupathaiah Smt. K Not The Revenue Divisional officer, Nagarkurnool vide Not issued any Krishnamma Issued letter no A/2300/2019 dated.04.12.2020 Stated that, Layout Approvals any NOC the said Sl.No‟s, the NALA permissions have been issued by the then the Revenue Divisional officer‟s, Nagarkurnool in respect of Sy.No.360,28,29,38,39,23 9 (Sy.No.360) and requested District Collector for cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt:
05.12.2020.
Sri. Shivaji Not The Revenue Divisional officer, Nagarkurnool Stated Not issued any Issued that, the former Revenue Divisional officer, Layout Approvals any NOC Nagarkurnool Sri. CH. Srinivasulu has issued NALA 10 permission vide Proc.No. I/1840/2018 dated:14.08.2018 in respect of survey No.16/2 to an extent of Ac. 0-20 Gts out of total extent existing in Sy.No.16, Ac.10-18 Gts.
Sowbhagyagar Not The Revenue Divisional officer, Nagarkurnool vide Not issued any den compound Issued letter no A/2300/2019 dated.04.12.2020 Stated that, Layout Approvals wall any NOC the said Sl.No‟s, the NALA permissions have been issued by the then the Revenue Divisional officer‟s, (Sy.No.360) Nagarkurnool in respect of Sy.No.360,28,29,38,39,23 11 and requested District Collector for cancellation of NALA permission. Accordingly, the District collector Nagarkurnool issued notices for cancelation of NALA permission vide Letter No. D1/1870/2019 Dt:
05.12.2020 Sri. Not Not Issued any Nala Permission Not issued any 12 MadigalaGopal Issued Layout Approvals any NOC Sri. Not Not Issued any Nala Permission Not issued any 13 SadvinUsman Issued Layout Approvals any NOC Sri. Mukthar Ahmed 14 S/o. Dabil Ahmed Sri. Mukthar Ahmed 15 S/o. Dabil Ahmed Sri. 16 ShaikSayad Sri. 17 ShaikUsmanbin Uddhin Sri.Moosa Not Not Issued any Nala Permission Not issued any Masjid Issued Layout Approvals 18 any NOC Govt Building Not Not Issued any Nala Permission Not issued any 19 Issued Layout Approvals any NOC Sri.DanugulaM 20 asaiah S/o Savaraiah Page 42 of 60 Sri.DanugulaC 21 hinnaMasaiah S/o Savaraiah Sri. DanugulaKarre 22 Not Issued any Nala Permission Not issued any nna S/o.Adavi Anna Layout Approvals Sri. DanugulaDasar 23 atha S/o.
AdaviAmma Sri. Pandu Muddagula 24 S/o.
Lakshmaiah
Sri.PasupulaLa
25 ksmaiah S/o
Masaiah Not
Issued
Sri.MakkalaKur any NOC
maiah,
26
Sri
MakkalaMasaia
h S/o Yellaiah
PasupulaBhee
mudu S/o
27
ChinnaKurmaia
h
Urban Not Not Issued any Nala Permission Not issued any
28 Residential Issued Layout Approvals
School any NOC
All Saints High Not Not Issued any Nala Permission Not issued any
29 School Issued Layout Approvals
any NOC
Sri.N. Not Not Issued any Nala Permission Not issued any
30 Vishnumurthy Issued Layout Approvals
any NOC
31 Smt. G. Shalini Not The Revenue Divisional officer, Nagarkurnool vide Not issued any
W/o G. Issued report stated that, the former Revenue Layout Approvals
Srinivas any NOC Divisionalofficer, Nagarkurnool, Sri Hanuma Naik
issued NALA permission vide Proc.No. A/2412/2019 Smt. R. dated:19.10.2019 in respect of survey No.39to an Divyasundara extent of Ac.2-00Gts. The applicant approached the W/o Hon‟ble High Court, Hyderabad and filed a petition SrinivasRao No.2596 of 2020 under section 151 CPC praying that in the circumstance stated in the affidavit filed in support of the writ petition, the Hon‟ble High Court, may be pleased to direct respondent not to interfere with the petitioner possession over land admeasuring Ac.02-00 gts in Sy.no.39/EE situated at Yendabetla village, Nagarkurnool Mandal and District.
Further, the Hon‟ble High Court have disposed the WP No. 2596/2020 ordered that the respondents shall not interfere with the possession of the petitioners over the subject land, and the petitioner also shall not carry out any activity other than agriculture.
Further, IASR No.17120/2020 dated 06.03.2020 is pending for scrutiny in the High Court.
II. (Thummala Kunta (Chowta Kunta) (ANNEXURE - II) No Not Applicable Not Applicable Not Applicable encroachments
1. Page 43 of 60 III. Putnala kunta (ANNEXURE - III) Formed bund in FTL/Buffer
1. Zone Not Issued any NOC Not Issued any NALA Not Issued any Lay out approval IV. Saddalasab kunta (ANNEXURE - IV)
1. Open plots in Not Issued any NOC Not Issued any NALA Not Issued any Lay out Sy.117 approval Details of NALA permissions/Layout approvals issued within the FTL and Buffer zone of water bodies covered under Hon'ble NGT O.A.No. 182/2020.
Remarks Remarks of
Name of of Remarks of Revenue - Nala municipality -
S.No Sy. No.
Village Irrigation Conversions Layout
- NOC Approvals
1. Nagarkurnoo 360 No NOC The Revenue Divisional officer, Not issued any
l was Nagarkurnool Stated that, the former Layout
Issued. Revenue Divisional officers, Approvals
Nagarkurnool issued NALA
permissions vide Proc.No.
H/1717/2019 dated:07.12.2010&
G/4845/2014 dated:03.02.2014,
infavour of Sri.
M.Srinivaslu&Sri.K.Govardhanred
dy to an extent of 459.33 Sq.yards
and 1177.77 Sq.yards Subsequently
the Revenue Divisional officer,
Nagarkurnool vide
Lr.No.B/2300/2019
Dated:04.12.2020 requested the
District Collector, Nagarkurnool to
issue order for Cancellation of NALA
permission, where the lands are
falling under FTL/Buffer zone.
Accordingly, the District collector
Nagarkurnool issued notices for
cancelation of NALA permission vide
Letter No. Lr.No. DI/1871/2019 Dt:
05.12.2020.
2 Nagarkurnoo 23 No NOC The Revenue Divisional officer, Not issued any
l was Nagarkurnool Stated that, the former Layout
Issued. Revenue Divisional officers, Approvals
Nagarkurnool issued NALA permission
vide Proc.Nos. A/1548/2019
dated:25.09.2019 & A/2430/2019
Dt;18.10.2019 in Favour of Smt.
K.Krishnamma to an extent of
AC.1.00 gunts, and Ac. 0.20 gunts,
Subsequently the Revenue Divisional
officer, Nagarkurnool vide
Lr.No.B/2300/2019
Dated:04.12.2020 requested the
District Collector, Nagarkurnool to
issue order for Cancellation of NALA
permission. Accordingly, the District
collector Nagarkurnool issued notices
for cancelation of NALA permission
vide Letter No. Lr.No. DI/1871/2019
Dt: 05.12.2020
Page 44 of 60
3. Uyyalawada 28,29,38, No NOC The Revenue Divisional officer, Not issued any
39 was Nagarkurnool Stated that, the former Layout
Issued. Revenue Divisional officers, Approvals
Nagarkurnool issued NALA permission
vide Proc.No. E/1201/2016
dated:24.02.2016 in Favour of Sri.
Surya Prathab Goud and
Sri.MD.ShaikMaqsoodto an extent
of Ac.3.15Gunts and 5.22 Gunts
Subsequently the Revenue Divisional
officer, Nagarkurnool vide
Lr.No.B/2300/2019
Dated:04.12.2020 & E/2102/2016
dated:24.03.2016 requested the
District Collector, Nagarkurnool to
issue order for Cancellation of NALA
permission. Accordingly, the District
collector Nagarkurnool issued notices
for cancelation of NALA permission
Vide Lr.No. DI/1871/2019 Dt:
05.12.2020.
4 CherlaThirm 161 No NOC The Revenue Divisional Officer, Not issued any
alapur was issued Nagarkurnool stated that, the then Layout
by the Revenue Divisional Officer, Approvals from
Irrigation Nagarkurnool has issued NALA Grama
Departmen conversion Proceedings No PanchayathiChe
t. I/160/2018, dated.03.02.2018 in Sy rlaThirmalapur
No.161 to an extent of Ac.0-20 gts in
CherlaThirumalapur Village of Tadoor
Mandal in favour of
Sri.M.Thirupathaiah S/o Anjaneyulu,
R/o. Tadoor subsequently the The
Revenue Divisional officer,
Nagarkurnool vide
Lr.No.A/2300/2019 dt: 25.11.2020,
requested the District Collector,
Nagarkurnool to issue order for
Cancellation of NALA permission.
5 Yendabetla 39 No NOC The Revenue Divisional officer, Not issued any
was issued Nagarkurnool Stated that, Sri Layout
by the Hanuma Naik, the former Revenue Approvals
Irrigation Divisional officer, Nagarkurnool
Departmen issued NALA permission vide Proc.No.
t. A/342/2019 dated:21.02.2019 and
A/2411/2019, Dt: 19.10.2019. in
Favour of Sri. Md. Jahangir and Sri
MD. Issaqu to an extent of Ac.3-
20Gts. And Subsequently the
Revenue Divisional officer,
Nagarkurnool vide
Lr.No.B/2300/2019 Dated:
02.12.2019 requested the District
Collector, Nagarkurnool to issue order
for Cancellation of NALA permission.
Accordingly, the District collector
Nagarkurnool issued notices for
cancelation of NALA permission vide
Letter No. D1/1870/2019 Dt:
31.12.2019.
5 39 No NOC The Revenue Divisional officer, Not issued any
was issued Nagarkurnool vide report stated that, Layout
by the the former Revenue Divisional officer, Approvals
Irrigation Nagarkurnool, Sri Hanuma Naik
Departmen issued NALA permission vide Proc.No.
t. A/2412/2019 dated: 19.10.2019 in
respect of survey No.39 in favour of
Smt. Shalini & Divyasindhura to an
extent of Ac.2-00 Gts. Subsequently
the Revenue Divisional Officer
addressed the District collector for
the cancelation above NALA
permission, due to above Sy.no
falling under Buffer zone of
Kesarisamudram tank. Accordingly
the District collector Nagarkurnool
issued notices for cancelation of NALA
Page 45 of 60
permission vide Letter No.
D1/1870/2019 Dt: 31.12.2019.
The applicant approached the
Hon‟ble High Court, Hyderabad and
filed a petition No.2596 of 2020
under section 151 CPC praying that in
the circumstance stated in the
affidavit filed in support of the writ
petition, the Hon‟ble High Court, may
be pleased to direct respondent not
to interfere with the petitioner
possession over land admeasuring
Ac.02-00 Gts in Sy.no.39/EE situated
at Yendabetla village, Nagarkurnool
Mandal and District.
Further, the Hon‟ble High Court have
disposed the WP No. 2596/2020
ordered that the respondents shall
not interfere with the possession of
the petitioners over the subject land,
and the petitioner also shall not carry
out any activity other than
agriculture.
Further, IASR No.17120/2020 dated
06.03.2020 is pending for scrutiny on
the file of the High Court.
We hereby submit our report as per the instructions contained in the Govt. Memo No.10150/M1/A2/2020-2 Irrigation & CAD (M1) Department dated 18.11.2020."
20. Vide Order dated 09.06.2021, this Tribunal considered the second report submitted by the Joint Committee dated 12.03.2021, e-filed on 18.03.2021 and extracted in Para (5) of the order which reads as follows:-
"SECOND REPORT OF THE JOINT COMMITTEE CONSTITUTED VIDE GOVERNMENT MEMO NO. 10150/MI/A2/2020-2 DATED: 18.11.2020 AND THE ORDERS OF HON'BLE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI IN O.A. NO. 182/2020 FILED BY MR. NAGARAM JANARDHAN REDDY.
1. It is submitted that pursuant to the direction of this Hon‟ble Tribunal the Joint Committee has submitted its report on 07.12.2020. thereafter the above O.A. once again came up for hearing on 22.01.2021 before the Hon‟ble National Green Tribunal directed the Joint Committee to file further report on the following aspects:
1. What are the temporary measures that have been taken by the respondent till construction of .STP is completed?
2 Why are bunds and Government buildings not removed and protected by the Government?
3. How many cases are pending before the Hon‟ble Court of Telangana? As regards first aspect is concerned i.e.
1.What are the temporary measures that have been taken by the respondent till construction of .STP is completed?
It is submitted that the Commissioner, Nagarkurnool Municipality vide Lr. No.EE/Irr.Divn. No./NGKL/db/TO/2020-21/113, dated 15.02.2021 reported that Nagarkurnool town has been divided into two zones i.e. Zone-A and Zone-B. In Zone-A most of the locations have been connected to underground drainage; whereas in zone-B, underground drainage work is going on and will be completed within a month; till then, all households have been connected to open drains and diverted to outside of town. In addition to that, all measures have been taken for the usage of 1ndlvidual Page 46 of 60 septic tanks for primary treatment. In Housing Board Colony, sullage is being diverted into Community Septic Tank. Therefore, the above temporary measures have been taken to divert the sullage into the tank till the completion of Sewerage Treatment Plant (STP). As regards the second aspect is concerned i.e.,
2. Why are bunds and Government buildings not removed and protected by the Government?
It is submitted that the Executive Engineer, Irrigation Division No.5, Nagarkurnool, vide Lr.No.EE/Divn No.5/DB/2020-21/116 Öt.13.02. 2021, reported that the Engineer in Chief irrigation (Hyderabad) permitted the agency to the Block Cotton Soils from the Kesari Samudrarri T0nk for formation of the Vattem reservoir from Km 6.77 to Km 11.10. Accorcling1y the agency M/s.Navayuga Englneering Company Hyderabad excavated the Black Cotton Soil In tank bed area and laid soil at one place for easy transport. The tank was filled upto Full Tank Level due to heavy rains. The soil will be removed immediately after receding the water level in tank bed area so that machines/vehicles yvill be entered in the above said area. The District Rural Development Officer, DRDA, Nagarkurnool, vide. Lr. No.EGS/Admin/2021,Dt.01.02.2021 reported that Mandal Nahila Samakhya building for Naparkurnool Mandal titled "Construction. of BNREGSK building at Nagarkurnool" work was sanctioned with estimate cost of Rs.32.00 Lakhs (in words Rupees Thirty Two Lakhs Only) under MGNREGS Scheme. Construction of Mandal Mahila Samakhya building in Nagarkurnool mandal was proposed for Nagarkurnool Nagarapanchayat as the Nagarkurnool GP was converted as Nagarapanchayat in 2011 year. Due to Non-availability of Government land in and around Nagarkurnool town, Sri.E.Ramesh Goud S/o Balaraj Goud, Uyyalavrada (V) of Nagarkurnool (M) donated 1D08.33 square yards land in Sy. No.300/a1, 300/a2, 300/a3, 30D/i1 & 300/i2 through land donation settlement agreement Dt.07.11.2016 for Construction MMS Building.
The Collector & Chairman, DRDA, Nagarkurnool permitted the construction of Mandal Mahila Samakhya Building at Uyyalawada (V) of Nagarkurnool (M) through MSK Mahila Sangham, Nagarkurnool vide Proceeding.No.N/211/EGS/INNS Building/2016-17,dated 09.02.2017 and the work was Completed in 2018.
Nagara Panchayat, Nagarkurnool was converted as Municipality and Uyyalawada village was merged in Nagarkurnool Municipality in 2018. The Commissioner Municipality, Nagarkurnool has Issued a notice for dismantling the Mandal Mahila Samakhya, Nagarkurnool Building which Was Constructed in FTL area of Kesari Samudram (Cheruvu) of Nagarkurnool Town and DRDA authorities addressed a letter to the Commissioner Panchayath Raj & Rural Development for issuing the necessary instructions which is awaited.
As regards the third aspect is concerned i.e.,
3. How many cases are pending before the Hon‟ble Court of Telangana? It is submitted that the following cases are filed before the Hon‟ble High Court of Telangana
1. W.P. No. 14826/2020 (disposed of)
2. W.P. No. 18872/2020 (Notice before admission given, pending)
3. W.P. No. 2596/2020 (disposed of) Since it is stated that petitioners have already filed explanation on 13.01.2020 to the impugned show cause notice, without expressing any opinion on merit, writ petition is disposed of directing the 2‟ d respondent to consider the said explanation and pass appropriate orders In accordance with law. Till then respondents shall not interfere with the possession of the petitioners over the subject land, and the petitioner also shall not carry out any activity other than agriculture. Interlocutory applications pending, if any, shall stand closed. No order as to costs.
4. W.P. No. 21887/2020 (disposed of)
5. W.P. No. 22231/2020 (Interim orders passed)
6. W.P. No. 24243/2020 (disposed of) The details of the above cases and orders passed thereon are furnished in a tabular form annexed to this report."
Page 47 of 6021. Thereafter, this Tribunal passed the following order:-
"6. It is not clear from the report as to what the extent of encroachments removed is and what is the extent to which further action will have to be taken to restore the encroached area etc. The Joint Committee as well as State respondents are directed to file further action taken report eliciting the number of encroachments, how many encroachments have been removed and what is the remedial actions taken by them to restore the water body to its original position etc. If there are any Show-Cause Notices issued and objections filed by the parties, the status of the proceedings already initiated in that aspect may also be mentioned in the report. They are directed to file the respective reports to this Tribunal on or before 20.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
7. Learned Counsel appearing for the applicant also submitted that after filing of the application, they have not conducted any fresh inspection so as to identify any new encroachment. So, the Committee is also directed to conduct further inspection to identify any new encroachments and what is the nature of action to be taken regarding the same and submit a further report to this Tribunal before the next hearing date."
22. The matter has been adjourned from time to time by successive notifications. Again, it was taken up on 19.07.2022 and on that day, this Tribunal considered the report submitted by the District Collector, Nagarkurnool District regarding the steps taken and nature of litigations pending.
23. The Telangana State Pollution Control Board also filed the report dated 17.07.2021 regarding the water quality and construction of the Sewage Treatment Plant (STP) on the basis of the observation made by the Joint Committee and as such, we are not extracting the same.
24. The District Collector - Nagarkurnool District along with the Superintending Engineer, Irrigation Department has filed the report dated Nil, e-filed on 23.12.2021 and we are not extracting the same, as this reproduces the contentions raised in the counter affidavit filed by the District Collector and the nature of litigations pending and certain actions taken by them and also by the Municipal Commissioner.
25. As per the order of this Tribunal, the District Collector - Nagarkurnool District has filed the further report signed by the District Collector with date 25.03.2022, e-filed on 25.05.2022 which reads as follows:-
Page 48 of 60 Page 49 of 60 Page 50 of 60 Page 51 of 60 Page 52 of 60 Page 53 of 6026. Heard the learned counsel appearing for the applicant and respondents.
27. Learned counsel appearing for the applicants argued that as per the Joint Committee report certain encroachments were found and this Tribunal can dispose of the matter by giving appropriate directions. The learned counsel further argued that they are only taking about the Kesarisamudram Minor Irrigation Tank alone and as regards the other tanks are concerned, nothing was mentioned.
28. The learned counsel appearing for the State Departments argued that on the basis of the directions given by this Tribunal, survey was conducted and certain encroachments were noticed in Kesarisamudram Minor Irrigation Tank and as regards the other tanks are concerned, there is no encroachment. They also further mentioned that when proceedings were initiated, the alleged trespassers have approached the Hon'ble High Court and stay orders have been obtained and in view of the same, they are not able to proceed further.
29. The learned counsel appearing for Respondent Nos.8 to 10 argued that their parties have already approached the Hon'ble High Court of Telangana at Hyderabad by filing Writ Petition No.18872/2020 and that is pending.
Page 54 of 6030. We have considered the pleadings, reports submitted by the authorities, submissions made by the learned counsel appearing for the parties and also perused the documents available on record.
31. The points that arose for consideration are:-
i. Whether the allegation of trespass into the water body/tank and constructions made are true and if so, what is the nature of directions to be issued to remove the same?
ii. What is the nature of direction to be issued by this Tribunal applying the „Precautionary Principle‟ to protect the water body/tank?
iii. Relief and costs.
POINTS:-
32. Grievance in this application was that large scale encroachments have been made in four lakes viz., (1) Kesarisamudhram Minor Irrigation Tank, (2) Tummalakunta Lake, (3) Puntalakunta and (4) Saddalasaab Kunta and they have made large scale constructions obstructing the inlets and outlets and nallas and thereby free flow of rain water to the tanks have been obstructed, causing flood in that area. Though this was brought to the notice of the authorities, no action was taken in spite of the fact that in similar issues when considered by this Tribunal in other applications, certain directions have been issued to fix the FTL and buffer zone and remove the encroachments in those areas.
33. The official respondents have denied the allegation that no action was taken against the encroachers/trespassers and when actions were taken, certain writ petitions were filed before the Hon'ble High Court of Telangana and interim orders have been obtained.
34. It is settled law that no one is entitled to encroach into the water body/tank/lake and no one is entitled to pollute the same as well, as has been observed by the Hon'ble Apex Court in M.C. Mehta Vs. Kamalnath & Ors.1 1 (1997) 1 SCC 388 Page 55 of 60
35. Further, the Full Tank Level (FTL) and the buffer zone were fixed for the purpose of protecting the water bodies and also to avoid flood being caused during monsoon season. Further, in certain cases, the Principal Bench of National Green Tribunal, New Delhi had imposed certain restrictions in making the construction of the buffer zone and flood plains of the river and FTL and buffer zone of the water bodies and tanks and the restrictions imposed by the Tribunal was upheld by the Hon'ble Apex Court in Mantri Tech Zone Private Limited Vs. Forward Foundation2.
36. Further, in some original applications in respect of similar issue, this Tribunal had directed the authorities of State of Telangana to ascertain the Full Tank Level (FTL) and buffer zone of the lakes and if there is any encroachment found, take appropriate action against them and if any illegal pattas have been granted by the authorities in violation of the regulations and notification in this regard, then take appropriate action to cancel those pattas in accordance with law by affording opportunity to the parties in whose favour such pattas have been granted.
37. In order to ascertain the nature of encroachments, this Tribunal appointed a Joint Committee and the Joint Committee has filed two reports which were extracted above. The District Collector also filed an independent report regarding the nature of encroachments and steps taken and the litigations pending in respect of the same.
38. So, it cannot be said that there was no steps taken by the authorities, but there are certain litigations pending before the Hon'ble High Court in this regard. When litigations are pending in respect of the same issue, it is not possible for the Tribunal to issue any direction against the interim order (if any) passed by the Hon'ble High Court, as in view of the dictum laid down in State of Andhra Vs. Raghu Ramakrishna Raju Kanumuru (M.P.)3, the orders passed by the jurisdictional High Court is binding on the National Green Tribunal in respect of the same issue pending before both the National Green Tribunal and the Hon'ble High Court and relevant portion of the Judgment is reproduced below:-
2(2019) 18 SCC 494 3 2022 SCC Online SC 728 Page 56 of 60 "12. .... .... .... There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals."
39. So, it is not proper for the Tribunal to proceed with the same issue pending before the Hon'be High Court. However, in respect of cases where no writ petitions are pending and no interim orders have been passed, there is no bar for the Tribunal to direct the authority to take appropriate action in accordance with law.
40. So under such circumstances, we feel that instead of keeping the case for a long time, it can be disposed of by giving the following directions:-
a. The Commissioner - Nagarkurnool Municipality is directed to take appropriate steps to protect the water bodies against illegal discharge of sewage and take steps to protect the water body and improve the water quality by preventing discharge of untreated sewage into the water body by providing Under Ground Sewerage System (UGSS) and collecting the sewage and diverting to the Sewerage Treatment Plants (STPs) at the earliest possible time.
b. Till the Under Ground Sewerage System (UGSS) and commissioning of the Sewerage Treatment Plants (STPs) are completed, they are directed to provide temporary measures in consultation with the State Pollution Control Board to collect the sewage generated and take it to the available Sewerage Treatment Plants (STPs) and treat the same before it is being discharged into the water body or take other measures of providing Decentralized Waste Water Systems (DEWATS), Phytoremediation, soak pits, etc. to avoid discharge of untreated sewage into the water body.
c. The District Collector - Nagarkurnool District in coordination with the Municipal Commissioner - Nagarkurnool and the Irrigation Department is directed to take appropriate steps to remove the encroachments in the water bodies, including the buffer zone and the Full Tank Level (FTL) in respect of which no litigations are pending after adopting the due process of law and procedure and complete the proceedings in accordance with law, so that Page 57 of 60 the affected parties can take appropriate steps to approach the appropriate forum if aggrieved by the orders passed. d. In respect of proceedings initiated where writ petitions are pending, the District Administration is directed to take steps in accordance with the directions (if any) to be issued by the Hon'ble High Court of Telangana in such pending matters. e. The State Pollution Control Board is directed to monitor the implementation of the Solid Waste Management Rules and Liquid Waste Management in that area and also implementation of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 and if there is any violation found, then they are directed to take appropriate action, including imposition of environmental compensation apart from initiating prosecution and other coercive steps provided under the respective statutes in accordance with law.
f. After the removal of encroachments, the District Collector - Nagarkurnool District, Commissioner - Nagarkurnool Municipality and the Irrigation Department are directed to take steps to protect the water body by providing bio-fencing and other scientific methods to avoid encroachments in future and causing pollution to the water body.
41. The points are answered accordingly.
42. In the result, this Original Application is allowed in part and disposed of with the following directions:-
i. The Commissioner - Nagarkurnool Municipality is directed to take appropriate steps to protect the water bodies against illegal discharge of sewage and take steps to protect the water body and improve the water quality by preventing discharge of untreated sewage into the water body by providing Under Ground Sewerage System (UGSS) and collecting the sewage and diverting to the Sewerage Treatment Plants (STPs) at the earliest possible time.Page 58 of 60
ii. Till the Under Ground Sewerage System (UGSS) and commissioning of the Sewerage Treatment Plants (STPs) are completed, they are directed to provide temporary measures in consultation with the State Pollution Control Board to collect the sewage generated and take it to the available Sewerage Treatment Plants (STPs) and treat the same before it is being discharged into the water body or take other measures of providing Decentralized Waste Water Systems (DEWATS), Phytoremediation, soak pits, etc. to avoid discharge of untreated sewage into the water body.
iii. The District Collector - Nagarkurnool District in coordination with the Municipal Commissioner - Nagarkurnool and the Irrigation Department is directed to take appropriate steps to remove the encroachments in the water bodies, including the buffer zone and the Full Tank Level (FTL) in respect of which no litigations are pending after adopting the due process of law and procedure and complete the proceedings in accordance with law, so that the affected parties can take appropriate steps to approach the appropriate forum if aggrieved by the orders passed.
iv. In respect of proceedings initiated where writ petitions are pending, the District Administration is directed to take steps in accordance with the directions (if any) to be issued by the Hon'ble High Court of Telangana in such pending matters.
v. The State Pollution Control Board is directed to monitor the implementation of the Solid Waste Management Rules and Liquid Waste Management in that area and also implementation of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 and if there is any violation found, then they are directed to take appropriate action, including imposition of environmental compensation apart from initiating prosecution and other Page 59 of 60 coercive steps provided under the respective statutes in accordance with law.
vi. After the removal of encroachments, the District Collector - Nagarkurnool District, Commissioner - Nagarkurnool Municipality and the Irrigation Department are directed to take steps to protect the water body by providing bio-fencing and other scientific methods to avoid encroachments in future and causing pollution to the water body.
vii. The applicants' liberty to approach this Tribunal, if there is any future cause of action arose in respect of pollution and other violation of environmental laws is left open.
viii. Considering the circumstances, parties are directed to bear their respective costs in the application.
ix. The Registry is directed to communicate this order to the official respondents, District Collector - Nagarkurnool District, Commissioner - Nagarkurnool Municipality, Irrigation Department and the Chief Secretary to Government, State of Telangana by e-mail for their information and compliance of directions.
43. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.182/2020 (SZ) 17th August 2022. Mn.
Page 60 of 60