National Green Tribunal
Andhra Kesari Nagar Welfare ... vs The Chief Secretary To Govt. Of ... on 25 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.32:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 233 of 2021 (SZ)
IN THE MATTER OF
Andhra Kesari Nagar Welfare Association
...Applicant(s)
Versus
The Principal Secretary to Govt. of Telangana,
Irrigation and CAD Dept. and Ors.
...Respondent(s)
Date of hearing: 25.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mrs. H. Yasmeen Ali for R1 to R3, R7 & R8.
Mr. T. Sai Krishanan for R5 & R6.
Mr. D. Srinivasan for R4.
Page 1 of 14
ORDER
1. The above case has been Suo Motu registered by the Principal Bench of National Green Tribunal as O.A. No.267 of 2021 (PB) on the basis of the letter petition alleging damage caused to the Batukamma Kunta Lake at B.N. Reddy Nagar Division of Greater Hyderabad by the local residents and then appointed a Joint Committee comprising of the (i) Telangana State Pollution Control Board, (ii) District Magistrate -
Ranga Reddy District, (iii) Greater Hyderabad Municipal Corporation and (iv) the State Wetland authority to look into the question and directed them to submit a report and thereafter, transferred the case to this Bench for further consideration. The case was originally posted by the Principal Bench to be taken up by this Bench on 20.02.2022 for consideration of report.
2. After receipt of the records from the Principal Bench, this Bench has renumbered the case as Original Application No.233 of 2021 (SZ) and taken up the case on 26.11.2021 and posted the case to 21.12.2021 for appearance of parities, filing independent response and also for consideration of report. On 21.12.2021, this Tribunal had posted the case to 28.01.2022 for completion of pleadings and consideration of report. On 28.01.2022, again it was posted to 24.02.2022 for that Page 2 of 14 purpose. On 24.02.2022, it was adjourned to today by notification.
3. The 6th Respondent has filed their reply affidavit.
4. We have received the report submitted by the Joint Committee dated 19.02.2022, e-filed on 22.02.2022 which reads as follows:-
"Report of the Joint Committee constituted in the O.A. No. 233 of 2021 (Earlier O.A. No. 267 of 2021) in the matter of Andhra Kesari nagar welfare association Versus Greater Municipal Corporation of Hyderabad regarding damage of Bathukamma kunta lake at BN Reddy nagar, Hyderabad
1. Introduction:
The Hon‟ble National Green Tribunal (NGT), New Delhi has taken Suo Motu case, the case is registered by the Consultant (Judicial), Hon‟ble NGT, New Delhi based on the complainant letter submitted by Andhra Kesari Nagar Welfare Association Vs Greater Municipal Corporation of Hyderabad, which was received through mail dated 11.11.2021 by the Hon‟ble NGT. In the application, local residents complained about the damage to Bathukamma Kunta Lake situated at B.N.Reddy Nagar, Greater Hyderabad Municipal Corporation Limits by dumping of garbage like animal waste, plastic, house hold waste, sewerage etc. into Bathukamma kunta lake at B.N Reddy Nagar, Hyderabad.
The petitioner i.e., residents of Andhra Kesari Nagar prayed for immediate intervention and stop making the natural Lake as a garbage point (Dump Yard), which is health hazardous to all the residents and animals of the surrounding colonies.Page 3 of 14
The Hon‟ble NGT, New Delhi passed an Order dated 27.10.2021 in the O.A. No. 233 of 2021 (Earlier O.A. No. 267 of 2021 filed before Hon‟ble NGT, New Delhi) order constituting a Joint committee comprising of following members with the nodal agency as Telangana State Pollution Control Board (TSPCB):
1) The Telangana State Pollution Control Board (TSPCB),
2) District Magistrate, Rangareddy District, Revenue Department,
3) Commissioner, GHMC
4) State Wetlands Authority The Hon‟ble NGT directed the Joint Committee to look into the grievance, visit the site, interact with the stakeholders to ascertain facts and take remedial action and submit Action Taken Report within two months before the Hon‟ble NGT, Chennai.
Subsequently, the Hon‟ble NGT, New Delhi transferred the case to Hon‟ble NGT, Chennai and posted for consideration of report of the Joint Committee.
2. Constitution of the Joint Committee:
In compliance with the directions of the Hon‟ble NGT, the TSPCB has nominated Sri D. Krupanand, Joint Chief Environmental Engineer (JCEE) as representative of TSPCB (Annexure -- I). The principal chief conservator of forest (HoFF) & chief wild life warden vide letter dt: 09.12.2021 has requested the Chief Engineer (Hydrology) to nominate an officer from Telangana State Wetland Authority. Accordingly, Smt V. Manjula, Executive Engineer (EE) accompanied for the Joint committee inspection as representative of State Wetlands Authority (Annexure -- I). Sri. K. Suresh Kumar, Chief Engineer (CE) of lakes section attended as representative of Greater Hyderabad Municipal Corporation (GHMC) and Smt. Susheela, Tahsildar, Revenue Dept., Hayathnagar representative of District magistrate, Rangareddy District have accompanied for Joint inspection.Page 4 of 14
1. Terms of reference (TOR) to the Joint Committee:
The Joint committee constituted by the Hon‟ble NGT shall visit the site and interact with the stake holders to ascertain the facts and take remedial action following due process of law. The nodal agency will be the State PCB for coordination and compliance.
2. The JOINT COMMITTEE MEETING AND INSPECTION:
The Joint Committee in its preliminary meeting held at TSPCB, Zonal Office, Hyderabad on 21.12.2021 at 11.30 A.M discussed about the Hon„ble National Green Tribunal, Principal Bench, New Delhi order dated 27.10.2021 and action taken by the GHMC earlier on this matter, and also scheduled for Bathukamma Kunta lake inspection on 23.12.2021.
Accordingly the joint committee consisting of the following members visited the Bathukamma Kunta lake on 23.12.02021:
1. Sri D. Krupanand, Joint Chief Environmental Engineer (JCEE), TSPCB. 2. Sri. K. Suresh Kumar, Chief Engineer (lakes), GHMC, Hyderabad. 3. Smt V. Manjula, Executive Engineer, Irrigation Dept. (Hydrology Div.), State Wetland Authority. 4. Smt. Susheela, Tahsildar, Revenue Dept., Hayathnagar, District magistrate, Rangareddy. During the inspection, Sri M. Lachi Reddy, corporator, GHMC and the complainant Sri Ravi Shankar, President, Andhra kesari nagar have accompanied the Joint Committee.
The Joint Committee observed the following:
1. Bathukamma kunta lake is located at B.N Reddy Nagar, Hyderabad.
(coordinates 17.325047, 78.575301) is surrounded by East: Andhra Kesari nagar & Veeranjaneya nagar, West: Temple followed by Goutami Nagar, North: Andhra Kesari nagar, South: Veeranjaneya nagar and vaddera basti.
2. A katcha road is passing through the lake from north to south side which is connecting Andhra Kesari Nagar to Vaddera Basti.
3. The revenue department officials have submitted that the total extent of the lake area is admeasuring 9 Acres 31 Gts situated at Survey No. 234 of Page 5 of 14 Sahebnagar, Kaalam village out of which the Bathukamma Kunta lake is covered in an area of 4.20 Acres, the remaining land i.e., 5 Acres 11 Gts is covered by Pochamma temple, a katcha road (connecting Andhra Kesari Nagar to Vaddera Basti), a substation and houses etc., (Annexure -- III).
4. Municipal solid waste dump yard consisting of 6-7 bins are scattered within the Bathukamma kunta lake area where municipal solid waste, animal waste, plastic waste etc., is dumped which is causing smell / odour nuisance, mosquito nuisance and there is trespassing of rag pickers into the lake area. Further, it was stated by the complainant that the municipal solid waste was also burt which is creating air pollution problems to the surroundings. It was further stated that due to inspection of the committee on 23.12.2021, cleaning / lifting of solid waste was done on the previous day.
5. It is observed that solid waste dump yard / transfer point is existing within the lake area and the Greater Hyderabad Municipal Corporation (GHMC) is lifting the solid waste from here to Municipal Solid Waste processing plant.
6. The source of the water for the lake is runoff water from the surrounding areas, however during inspection, it was observed the sewage water from upstream colonies i.e, Viyayapuri Colony, Sachivalaya Nagar, Durga Ghat, NGO‟s Colony, Gouthami Nagar and Pedda gutta was entering the lake through a damaged drainage line at two points. However, the same was rectified as per the instructions of the Joint committee.
7. The source of the water to the lake is untreated sewage. The runoff water due to rains into the lake is very minimal due to construction of the residential houses within and outside the catchment area of the lake.
8. The total sewage generation from the upstream colonies is around 5 MLD and the GHMC shall construct an I&D structure followed by STP to avoid untreated sewage entering into the lake and also for maintaining hydraulic load as the lake is receiving very minimal runoff water from the catchment area.
9. At the time of inspection, the lake was in dry condition and only small quantity of water stagnated on the south-east corner of the lake.
10. The lake is having an earthen soil bund on the east side and a sluice gate is also installed on the south-east corner for regulation of flow in the Page 6 of 14 lake, however the sluice gate is totally damaged and not in working condition.
11. The nearby residents have complained that they are facing health problems due to severe odour, mosquito nuisance.
12. The GHMC officials have stated that in the year 2013, the FTL boundary survey was conducted by the irrigation department to an extent of 5.00 Acres and the draft FTL boundary map published as preliminary notification by Lake Protection committee, HMDA for calling objections / suggestions from the general public. The final notification will be issued after reconciliation of revenue records and after attending the objections of the general public. Further, during the inspection, it was observed that the fencing arrangement not provided around the boundary of the lake to prevent the solid waste dumping into the lake. The water from the outlet of the lake is joining Kumari kunta followed by Bathula Kunta and ultimately joining into River Musi. There are no STPs / I&D structures before or along the above mentioned lakes, the total sewages is untreated and ultimately joining River Musi.
13. The photos of the Joint committee inspection is herewith attached. (Annexure --IV)
14. The water samples collected from Bathukamma kunta, BN Reddy Nagar, Hayathnagar, Rangareddy District (sample codes -- 21/12/301 & 21/12/360) and also raw sewage joining into Bathukamma kunta lake (sample codes -- 21/12/300) (Annexure -- V). The analysis results are tabulated below:
21/12/300 - Raw sewage collected which is joining into Bathukamma kunta lake, BN Reddy Nagar, Hayathnagar, Rangareddy District dated:
20.12.2021.
21/12/301 - Sample collected from Bathukamma kunta, BN Reddy Nagar, Hayathnagar, Rangareddy District dated: 20.12.2021. 21/12/360 - Sample collected from Bathukamma kunta, BN Reddy Nagar, Hayathnagar, Rangareddy District dated: 23.12.2021 Page 7 of 14 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 From the above analysis reports, it is evident that Water sample collected Page 8 of 14 from the Bathukamma kunta lake 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 and fisheries etc. Further it is submitted that as per the report of the Irrigation department an administrative sanction for Rs. 99.00Lakhs was given by the Commissioner, GHMC for the work of "Protection & Restoration of Bathukamma Kunta, Sahebnagar (V), Hayathnagar (M), RR Dist., to take the components like Strengthening of main bund, Construction of inlets & Outlets, Fencing around the lake boundary, removal of dumping from the lake premises, sedimentation pond to improve the water quality etc., and these works will be grounded after tendering process (Annexure -- VI).
3. RECOMMENDATIONS OF THE JOINT COMMITTEE:
1. The Greater Municipal Corporation of Hyderabad (GHMC) shall take measures to prevent solid waste dump, open burning of municipal solid waste. The municipal solid waste dump yard should be removed from the lake area and installed in a safe area causing less nuisance to the surroundings.
2. The Hyderabad Metro Water Supply & Sewerage Board (HMWS&SB) / GHMC shall take measures to avoid un-treated sewage entering into this lake and also construct Interception & Diversion structure (I&D) for diversion of un-treated sewage and also construct Sewage Treatment Plant (STP) or provide any other treatment technology at the inlet for treatment & disposal of un-treated sewage into the lake so as to maintain the hydraulic load of the lake or to let only storm water during rains and divert the dry weather flow (sewage) to treat at suitable location.
3. The GHMC / irrigation department shall construct a fence all around the boundary of the lake to prevent the solid waste dumping into the lake and also trespassing of rag pickers and street animals into the lake using the funds sanctioned by the GHMC.
4. The GHMC / irrigation department shall repair the bund, Weir and the sluice gate and also construct a rock filter at the down-stream of the lake for discharge of treated water using the funds sanctioned by the GHMC.Page 9 of 14
5. The lake is receiving very minimal runoff water from the catchment area, hence it is proposed to treat the diverted sewage and let it into the lake so as to maintain the hydraulic load of the lake.
6. The GHMC shall take up beautification, plantation in and around the lake and also along the earthen bund of the lake.
7. An NGO named M/s. Blue Drop Enviro has submitted a proposal for treatment of sewage water with phyto-remediation method for improving water quality in Bathukamma Kunta. However the proposals will be examined and update the status of implementation."
5. The Telangana State Pollution Board also filed a report dated 09.03.2022, e-filed on 24.03.2022 which reads as follows:-
"REPO RT D ATED O 9.03.2022 OF THE TELANG AN A STATE POLLU TION CONTROL BOARD (R5) IN ORIGINAL APPLICATION No. 233 OF 2021 IN THE MATTER OF ANDHRA KESARI NAGAR WELFARE ASSOCIATION Vs THE PRINCIPAL SECRETARY TO GOVT. OF TELANANGA, IRRIGATION AND CARD DEPT. AND OTHERS BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHEN NAI.
It is to submit that the Hon'ble NGT, Chennai in its Order dated 28.01.2022 directed the individual respondents to file their independent report before the Tribunal in the matter.
In this regard, the following is submitted: -
1. Bathukamma kunta lake is located at B.N Reddy Nagar, Hyderabad is surrounded by East: Andhra Kesari nagar & Veeranjaneya nagar, West: T em pl e f o l l o w ed b y G o u t am i N ag a r, N o rt h : A n d h r a K e sa ri n a ga r , South: Veeranjaneya nagar and vaddera basti.
2.The Bathukamma Kunta lake is covered in an area of 4.20 Acres.
3. The lake is partially covered with water and municipal Page 10 of 14 solid waste like plastic, paper and other debris were observed upstream of the lake.
4. There exist a transfer point of municipal solid waste within the lake a rea m ai nt ai ned b y t he Gr eat er H y dera b ad M uni ci pal Cor porat i o n (GHMC) and finally lifting to Municipal Solid Waste processing plant.
5. The lake is a rain fed and sewage also entering into the lake due to d a m a g e o f d r a i n a g e l i n e a t t w o p o i n t s . H o w e v e r , t h e s a m e w a s rectified by the GHMC.
6. The source of the water to the lake is untreated sewage.
The runoff water due to rains into the lake is very minimal due to construction of the residential houses within and outside the catchment area of the lake.
7. The earthen soil bund on the east side of the lake is existing and a sluice gate is also installed on the south -east corner. However, the sluice gate is totally damaged and not in working condition.
8. The nearby residents have complained that there are facing health problems due to severe odour, mosquito nuisance ."
6. It is noted in the report that there were encroachments into the water body, extent of the water body has been reduced and the water quality in the lake is not suitable for bathing or drinking. It was also mentioned in the report that untreated sewage is being let into the water body and waste is being dumped in the water body. Certain recommendations were made by the Joint Committee to be carried out by the different departments.
Page 11 of 147. Other respondents who are also having some role to play for protecting the water body have not filed any statement.
8. The learned counsel appearing for the Greater Hyderabad Municipal Corporation wanted some more time to file their statement. Since it is a case of dumping of waste and improper management of the Solid Waste generated in that area, the State Pollution Control Board is also having the responsibility to file a detailed statement regarding the action taken by them for non-implementation of the Solid Waste Management Rules, 2016 within that area, as has been directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 (PB).
9. When this was pointed out, the learned counsel appearing for the State Pollution Control Board submitted that if some time is granted, they may be able to file a detailed statement regarding these aspects as well.
10. The respective departments who have been directed to carry out certain recommendations made by the Joint Committee are also directed to file their independent statement regarding the compliance of the directions issued by the Joint Committee.
Page 12 of 1411. The State Pollution Control Board is also directed to file an action taken report, if there is any non-compliance of the implementation of the Solid Waste Management Rules, 2016 and the periodical directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in this regard.
12. The Greater Hyderabad Municipal Corporation is also directed to file their report regarding the action taken for removal of encroachment and also protection of water body, as according to the State Wetland Authority, the responsibility of maintaining the lake vested with the Greater Hyderabad Municipal Corporation.
13. The District Collector is also directed to file an independent report regarding the nature of action taken by them to remove the encroachments and restore the water body to its original position and also implementation of the Solid Waste Management Rules, 2016 within their jurisdiction, as has been contemplated under Rule 12 of the Solid Waste Management Rules, 2016.
14. They are directed to file their respective reports to this Tribunal on or before 27.04.2022 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.
Page 13 of 1415. The Registry is directed to communicate this order to the official respondents including the State Pollution Control Board, Greater Hyderabad Municipal Corporation, State Wetland Authority and the concerned District Collector by e-mail for their information and compliance of directions.
16. For completion of pleadings and consideration of report of compliance of the recommendations made by the Joint Committee, post on 27.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O. A. No. 233/2021 (SZ) 25th March 2022. Mn.
Page 14 of 14