National Green Tribunal
Drlubnasarwathdr Lubna Sarwath vs State Of Telangana Rep By Its Chief ... on 21 May, 2020
Author: K Ramakrishnan
Bench: K Ramakrishnan
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.72/2020 (SZ)
IN THE MATTER OF
Dr.Lubna Sarwath
...Applicant(s)
With
The State of Telangana and Others.
...Respondent(s)
Date of hearing: 21.05.2020.
CORM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Dr.Lubna Sarwath (party in person)
For Respondent(s): Srimathi. Yasmeen Ali for R1, 3,4,5,6 & 7
Mr. Sai Krishnan for R2
ORDER
Original Application No. 72 of 2020
1. The application was filed by the applicant seeking the following reliefs:
a. Restoration of Narsingi Lake-2, and its hydrology including Balkapur Channel that flow across the northern boundary of the lake from west 1 to east. Demarcation of inflow/outflow channels, FTL boundary and buffer zone. Fencing of lake as its buffer zone boundary. Lake reviving plantations in buffer zone as a social and biological fencing for protection of lake. Put up lake details including area, volume and water quality on a big signboard and on website along with the official and department responsible for maintenance of the lake. b. Repeal any notifications issued for change lf lane use from water body zone.
c. Proceed against officials and agencies that not revive the water body but instead destroyed the water body depriving water to humanity and bio-diversity. Deprived ground water replenishing. Officials have contempt Supreme Court orders.
2. The grievance in this application is regarding unauthorised dumping of construction and demolition waste in the notified lake namely, Narsingi Lake 2, Gandhipet Mandal Rangareddy District of Telangana State.
3. According to the applicant it is a notified lake under the revenue records and also it is included in the Hyderabad Metropolitan Development Authority (HMDA) list identified as Lake Id 2939. According to the application on account of the illegal act of dumping of construction and demolition waste including big boulders, the lake is likely to be encroached by miscreants later and it is likely to be used for some other purpose there by, there is a possibility of extinguishment of the notified lake in the State. The applicant also relied on the decision of the Hon'ble Supreme Court reported in HINCH LAL TIWARI Vs KAMALA DEVI and others (2001) 6 Supreme Court cases 496 wherein, it has been held that there is a duty cast on the Government and also the municipal authorities to protect lakes which plays a greater role in protection of environment, and if there is any act by which it has been 2 dried up or falling into disuse, then there is a duty cast on the authorities to restore the lake into its original position.
4. Heard the applicant Srimathi. Dr. Lubna Sharwath who appeared in person when the matter was taken up for hearing on admission through Video Conference today. Srimathi Yasmeen Ali entered appearance for R1, 3,4,5,6 and 7. Sri Sai Krishanan entered appearance for Respondent No.2. The applicant submitted in support of her case in the application and prayed for the interference of this Tribunal to restore the above mentioned lake.
5. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So, we admit the matter. Since, all the respondents have entered appearance through standing counsel, we are dispensing with direct notice to the respondents. The applicant are directed to serve the copy of the application along with the documents relayed on by her to the counsel appearing for the respondents in the matter, so, as to enable them in to get instructions from the respective departments to file their response within a week.
6. The grievance in the application is that due to indiscriminate deposit of constructions and demolition waste in Narsingi Lake 2 situated in Rangareddy District will result in extinguishment of the same in future, which will affect the ecological balance as such.
7. It is also submitted by the applicant who appeared in person that on account of the extinguishment of a notified lake which not only plays a role in protecting environment also plays a greater role to meet the 3 needs of the people by providing water for drinking as well as for irrigation. Denying the same will amount to violation of human rights as denying drinking water to the public which is also part of the duty of the Government to provide to its subjects, is part of right to life enshrined Under Article 21 of the Constitution of India.
8. The Apex Court in the decision reported in HINCH LAL TIWARI vs. KAMALA DEVI and others (2001) 6 Supreme Court Cases 496, it has been observed that nowadays on account of non maintenance or negligence on the part of the authorities, water bodies like ponds are drying up and falling up to disuse and there after it is being misused for some other purpose. The Government including revenue authorities are duty bound to clean and develop them, so that ecology disaster may be prevented and a better environment provided to the people at large. It is also observed in the decision that there is a duty cast on the Government to protect Forest, Tanks, Ponds, Hillocks and mountains which are nature's bounty and help to maintain the ecological balance and they need to be protected for that reason.
9. In a similar matter namely, Original application No. 39 of 2020 filed by the same applicant in respect of Manasani Kunta in Rangareddy District, we have appointed a Joint Committee comprising of District Collector, Ranagareddy, a Senior Official from Ministry of Environment Forests and Climate Change (MoEF&CC), Regional Office, Chennai, Senior Officer from Lake Protection Committee, to inspect the area in question and submit a report. So, we feel that the same committee can be appointed in this case also to the look into the issue and submit a status as well as action taken report.
410. The committee is directed to ascertain the encroachment made into the Narsingi Lake 2, the lake in question and unauthorised deposit of construction and demolition waste materials in the lake, trace out the persons who are responsible for the same and if there is any encroachment, the steps taken by the authorities to remove the encroachment and illegal constructions if any, made within the buffer zone or FTL, of the lake if it is fixed and impose environmental compensation against those persons who are responsible for the same and suggest the remedial measures to restore the lake to its original position.
11. It may be also mentioned that there is Construction and Demolition Waste Management Rules, 2016 which deals with the situation as how the construction and demolition waste will have to be dealt with in a scientific manner. The generators are not expected to deposit the same in a water body which plays a great role in maintaining the ecological balance. The municipal authorities are also having a duty to see that such things are not happening and they have to take action against those persons who are violating the rules.
12. The State respondents are directed to file their response regarding the schemes if any launched by the State of Telangana for the purpose of protecting the water bodies in the State including removal of encroachment, fixation of FTL and buffer zone including this lake and making the water bodies free of pollution and encroachment.
13. The committee shall go into these aspects and also mention in the report what are all the schemes launched by the State to protect the lakes and the water bodies in the State and its stage of implementation including fixation of FTL, buffer zone of the water bodies and the action 5 plan for the removal of encroachments in the water bodies its stage of implementation.
14. The Lake Protection Committee will act as nodal agency for co- ordination and for providing all necessary logistics for this purpose.
15. The committee shall submit the report within a period of three months. The lake protection committee is directed to take steps to stop further deposit of construction and demolition waste and other waste in Narasingi Lake 2. The Telangana State Water, Land & Trees Act Authority which it is constituted under the provisions of Water, Land & Tree Act, 2002 and Rules framed thereunder in 2004 which has been adopted by State of Telangana by a notification in the year 2016, The District Collector, Rangareddy is directed to supervise the same and see that no further constructions and demolition waste deposited in this lake and if there is any violation to take necessary action including initiation of prosecution against the of violators to bring them before the law to get the necessary punishment apart for that purpose.
16. The committee shall submit the report to this Tribunal within the above mentioned time through e-mail or e-file at [email protected]
17. The Registry is directed to communicate the copy of this order along with the copy of the application to the committee members immediately by e-mail, so as to enable them to comply with the direction.
18. For consideration of report and for filing response by the official respondents post on 08.09.2020.
..................................J.M. (Justice K. Ramakrishnan) O. A. No. 72/2020 21st May, 2020.
Sr. .............................E.M.
(Shri. SaibalDasgupta)
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