National Green Tribunal
Anumula Revanth Reddy vs Ministry Of Environment Forest And ... on 28 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.16:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 189 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Anumula Revanth Reddy
...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 28.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr.Sravan Kumar
For Respondent(s): Ms. Ojas sivkumar for Mr. M.R. Gokul Krishnan for R1
Ms. Dayana for Mr. T. Saikrishan for R2 and R4
Ms. Renuka for Ms. H. Yasmeen Ali for R3, R6 to R8
Mr. D. Srinivasan for R5
Ms. Janani Shankar for Mr. Rahul Balaji for R10
ORDER
1. The above case has been posted to today for consideration of report and also for filing reply statements by individual respondents.
2. After Admission, the same joint Committee appointed in O.A. No.72 of 2020 and 39 of 2020, was directed to go into the question also and submit a 1 report. After 26.02.2021, the matter has been adjourned by successive notification as no report has been filed as directed.
3. Notice sent to 9th respondent has been returned with endorsement unclaimed. That shows that they are not interested in participating in the matter and it would be deemed to be service on them. So, service is complete.
4. Learned Counsel appearing for respondents 1, 4, 7 and 10 have filed their independent reply statement. SEIAA has also filed their reply in the form of a report.
5. The Joint Committee has filed a report dated nil, e-filed on 14.08.2021 and received on 16.08.2021 which reads as follows:
JOINT COMMITTE INSPECTION REPORT SUBMITTED BEFORE THE HON'BLENATIONAL GREEN TRIBUNAL, SOUTHERN ZONE AT CHENNAI
1. It is humbly submitted that Hon'ble National Green Tribunal, Southern Zone at Chennai in their order O.A.No. 189 of 2020 have pleased to constitute a joint committee comprising of (1) District Collector, Ranga Reddy (2) A senior official from Ministry of Environment Forests and Climate Change (MoEF&CC), Regional office, Chennai (3) Senior Officer from Lake Protection Committee to inspect the area in question and submit factual report and action taken report if there are any violations regarding the clearance of permission granted to the respondents in implementing their project including imposition of environment compensation and removal of encroachment if any found.
2. It is humbly submitted that in pursuance of the orders passed by the Hon'ble NGT following officials have inspected the area in question located in Puppalguda Gandipet Mandal Ranga Reddy District on 07.10.2020 at 9.00 A.M. The committee had visited the My Home DLF Avatar Project. The project site is plotted on Survey of India Topographical map covering 2 Km radius (Map 1). This Topo map is the base for all the projects based on which Environmental clearance is issued.
1. As on the date, the project is completed and occupied after obtaining the Final Occupancy Certificates from Fire Services Department vide letter bearing no.
21.As on the date, the project is completed and occupied after obtaining the Final Occupancy Certificates from Fire Services Department vide letter bearing no. 175660002019 dated 08.04.2019, 185620002019 dated 08.04.2019, 185660002019 dated 08.04.2019, 185670002019 dated 08.04.2019, 185680002019 dated 08.04.2019, 324890002020 dated 15.02.2020, 324920002020 Dated15.02.2020, 324930002020 dated15.02.2020 32940002020 dated 15.02.2020, 324950002020 dated 15.02.2020 324920002020 Dated 15.02.2020, 324930002020 dated15.02.2020 32940002020 dated 15.02.2020, 324950002020 dated 15.02.2020 HMDA has issued Occupancy Certificate vide proceedings Nos 6547/MSB/ORRGC/PLG/H/2011dated 24.05.2019 and 6547/MSB/ORRGC /PLG/H/2011dated 27.04.2020
2. As per the village Revenue map (Map 2) and as per the Topo sheets of Poppalaguda village, there is no encroachment of Narsingi Lake 2 and Mushkin Cheruvu by M/s My Home Avatar project situated at land in Sy.Nos.217 (P), 218, 219, 220 221, 222, 223, 224 and 225 of Narsingi Village and Sy.Nos.263, 264, 265, 266 and 267 (P) of Puppalguda village, Gandipet Mandal (erstwhile Rajendranagar Mandal), Ranga Reddy District,Telangana.
3. Hydrological data on the RLs of the said water bodies are as stated below: Nagireddy Kunta is on the other side of the Outer ring road which is at the level of 531m. Muskin Cheruvu at the level of 533m Narsing Lake is at the level of 528mDetailed hydrological map is enclosed (Map 3)
4. As per the Topo map, there is no connection between Muskin Cheruvu and Nagireddy Kunta through any streams. The same can be observed from the Topo map attached hereto. As per the Topo map there is no water canal/channel is passing through the My Home Avatar project situated at land in Sy.Nos.217 (P), 218, 219, 220 221, 222, 223, 224 and 225 of Narsingi Village and Sy.Nos.263, 264, 265, 266 and 267 (P) of Puppalguda village, Gandipet Mandal (erstwhile Rajendranagar Mandal), Ranga Reddy District,TeIangana. As per the Google 2003 image an agricultural outlet channel from Sy.no. 272 and 273 passes is feeding the agricultural fields. However in Google 2008 image it appears a drastic change in Land Use Pattern and the water drain coming from Sy. No, 272 and 273 is not seen (Maps 4 and 5).
5 All the documents submitted by the proponent are also on the MOEF &CC site
6. M/s.DLF Homes Ltd is the Land Owner and Principal Developer of the Land and has obtained EC in its name. After obtaining EC it has entered into Joint Development with My Home Constructions for development of the project and DLF continues to be the land owner and Joint Developer of the project. There is no change of ownership till the end of the project. Hence the amendment of EC is not required.
7. As per the topo sheet, google image and contour map and hydrological map there is no water channel that connects Mushikin Cheruvu to Nagireddy kunta which is on other side of ORR. Based on this data no obstruction is caused by huge constructions by Mls My Home DLF Avatar Project. However, there are couple of streams that flow from Mushkin Cheruvu towards south west and join Narsing lake 2as shown in maps.
38. As per Topo map, there is no natural canal flows from Narsingi Lake 2 and Mushikin Cheruvu of Puppalguda village is passing through My Home DLF Avatar Project site. The same is observed in Google images also. As per the Google 2003 image an agricultural outlet channel from Sy.no. 272 and 273 passes is feeding the agricultural fields. However in Google 2008 image it appears a drastic change in Land Use Pattern and the water drain coming from Sy. No, 272 and 273 is not seen (Maps 4 and 5). Based on this data it appears that there is no diversion of natural flow from Narsingi Lake 2 and Mushikin Cheruvu of Puppalguda village.
9. Musi River flows near Manchirevula village, Rajendra nagar mandal, Ranga reddy district where NCC Urbana Ventures by M/s NJC Avenues pvt. Ltd. In Manchirevula village survey no. 478 (p), 479 (p), 482 (p), 483
(p), 486 (p) and 491. The authorities have accorded building permission on the consultation of irrigation department with vide reference Lr, no. SE/HL&WMBC/871 dated 22/06/2012, only on the condition of compulsory construction of 9MT width covered drain for the free flow of natural drain/flood water. My Home Avatar project situated at land in Sy.Nos.217 (P), 218, 219, 220 221, 222, 223, 224 and 225 of Narsingi Village and Sy.Nos.263, 264, 265, 266 and 267 (P) of Puppalguda village is far away from the River Musi. However as per the map,there is a raw water channel from Osmansagar to Asifnagar is passing on the northern boundary of the Project site and 30 meters is left which includes green belt, shoulders, carriage way, footpath and buffer zone. DLF My Home Avatar Building premises is situated 30 meters from the bank of the raw water channel (Map 6 ). Since the Layouts along the conduit should have a minimum of 9meters wide road plus green belt to a maximum of 100 feet to act as buffer, the proponent has developed 4.5 meters green belt, 1 meter shoulder, 10 meters drive way (road), 2.5 meters foot path and left 12 meters as buffer zone.
10. As per the topo map there are no water bodies are present in the proposed project therefore in the Environmental Clearance no water bodies were mentioned and no action plan has been specified. All the documents submitted by the proponent are also on the MOEF &CC site.
11. As per the map, there is a raw water channel from Osmansagar to Asifnagar is passing on the northern boundary of the DLF My Home Avatar Project site. The proponent had left 30meters from the raw water channel which includes green belt, shoulders, carriage way, footpath and buffer zone. DLF My Home Avatar Building premises is situated 30 meters from the bank of the raw water channel (Map 6 ). Since the Layouts along the conduit should have a minimum of 9mtrs wide road plus green belt to a maximum of 100 feet to act as buffer. The proponent has developed 4.5 meters green belt, 1 meter shoulder, 10 meters drive way (road), 2.5 meters foot path and left 12 meters as buffer zone. The details are given in the map no.
12. The GO 111, 3 (ii) reads "For the protection of raw water channel from Osmansagar to Asifnagar no layout or building permission should be granted by Municipal Corporation of Hyderabad / Hyderabad Urban Development Authority/ Director of Town and Country Planning up to a maximum of 100 ft from the conduit site 4 boundary. While approving the layouts along the conduit, a minimum of 9 mtrs wide road plus green belt to a maximum width of 100ft should be insisted to act as buffer on either side of conduit and the green belt shall be accounted as part of mandatory open space to be left the layout. Drainage pipe lines must be laid parallel to the conduit and no sewerage/sullage water discharged shall be allowed from the layouts towards the conduit"
DLF My Home Avatar Building premises is situated 30 meters from the bank of the raw water channel (Map 6 ). The Layouts along the conduit should have a minimum of 9mtrs wide road plus green belt to a maximum of 100 feet to act as buffer. The proponent has developed 4.5 meters green belt, 1 meter shoulder, 10 meters drive way (road), 2.5 meters foot path and left 12 meters as buffer zone. It appears that there is no deviation of GO
111. However, mandatory setbacks and build rules pertaining to the construction in the jurisdiction of GO 111 the competent authority is HMDA. The project land does not fall in the areas listed in G.O.Ms. No.111 dated 08.03.1996. However, a raw water channel is passing near by the project site (outside of the project site) and the company has obtained No Objection Certificate ("NOC") from Hyderabad Metropolitan Water Supply and Sewerage Board ("HMWS&SB). As per the NOC issued by HMWS&SB, the company shall maintain a maximum width of 100 ft from the conduit as buffer zone and the same shall be treated as part of mandatory open space. Upon inspection of the project, the company complied with the conditions of HMWS&SB NOC and other statutory permissions while developing the project.
13. Further it is observed that the Developers have not encroached / obstructed / damaged the flow of natural water from Narsingi Lake -2, Muskin Cheruvu to Nagireddy Kunta. They are not located adjacent to the project site and there is no common water channel connecting these 3 water bodies. The NOC from Irrigation Department is required only in case, if the project site is bounded by any water body or any notified / defined water channels / streams passing through the project site. In the present case the NOC from Irrigation may not be required.
14. The developer has submitted its proposal along with detailed report, maps and presentation in the State Level Expert Appraisal Committee ("SEAC") meetings held on 18.08.2015, 17.11.2015 and 09.12.2015 and after examination of the site position and impact on environment in accordance with EIA notification, 2006, the SEAC & SEIAA has issued the Environmental Clearance bearing no. SEIAA/TS/RRD-71/2015 dated 31.12.2015 to the project.
15. Following documents are submitted as Annexure for kind perusal of Hon'ble NGT • Topo Sheet • Revenue Village Map • Contour map • Google Imagery 2003 • Google Imagery 2008 5 • Drawing of the Osmansagar-Asifnagar water channel passing northern side of theproject • HMDA Master Plan • Environmental Clearance issued by SEIAA • NOC from HMWS & SB • CFO issued by TS PCB • Occupancy Certificates issued by HMDA.
The above report is submitted for kind perusal and further orders of Hon'ble NGT
6. It is seen from the Joint Committee report at para 9 that "however, as per the map, a raw water channel from Usman Nagar to Asif Nagar is passing through the northern boundary of the project site, and 30 meters is left which includes the green belt, shoulders, carriageway, footpath and buffer zone". The allegations in the application was that prior to the construction project of the 9th and 10th respondent, no flood occurred in that area and it is after the construction made by respondents 9 and 10, during the monsoon period of 2020, heavy flood occurred in that area which resulted in inundation of large extent of area affecting the life of the people in that area.
This aspect has not been considered by the Joint Committee and that aspect has not been answered as well. Further prior to the construction by respondent 9 and 10 what was the condition of the land in that area and how water was flowing during rainy season without flooding the area and which ultimately reached any waterbody through this property and whether this flow of water has been obstructed due to the construction as that aspect was not considered and mentioned in the report.
67. It is also seen from the para-4 of the report that as per Google 2003 image, an agricultural outlet channel from Sy. No. 272 and 273 passes are feeding the agricultural fields. However, in Google image of 2008, there appears a drastic change in the land use pattern and the water drain coming from Sy.
No. 272 and 273 are not seen in map no. 4 and 5. Probably this outlet channel may be was acting as a drainage channel of excess rain water during rainy seasons through agricultural land which has been encroached and closed due to conversion of agricultural land and construction was made.
8. If that be the case, when conversion of the agricultural land was permitted what is the precautionary principle that has been applied by the authority granting permission to regulate the rain water through this channel which was found in Google 2003 map and how the water collected during rainy season in that area is being drained out without causing any flood in that area till 2020.
9. The report of the District Collector also gives a different picture about the existence of water body in that survey numbers. So, the Joint Committee and also the District Collector are directed to file further reports explaining these aspects. Since, the construction has already been taken place from 2008 onwards in those areas, they must also find out alternate passage for drainage of rain water which is likely to be collected in that area so as to avoid floods in future during monsoon season. For this the developers must also cooperate with the Administrators as it may be beneficial to the 7 occupants of their flat as well to avoid inundation of those areas during monsoon season.
10.The District Collector and the Joint Committee are directed to inspect the area in question and explore this possibility and file further remedial measures to mitigate the situation.
11.They are directed to submit the report to this Tribunal on or before 09.11.2021 by e-filling 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.
12.The Registry is directed to communicate this order to the members of the Committee, official respondents and also to the District Collector for their information and compliance of the direction.
13.For consideration of report, post on 09.11.2021.
..................................J.M. (Justice K. Ramakrishnan) .............................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 189/2020(SZ) 28th September, 2021. (AM) 8