National Green Tribunal
M. Venkata Reddy vs State Of Telangana on 3 April, 2025
Item No.04:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Thursday, the 03rd day of April, 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.136 of 2023(SZ) &
I.A. Nos.149 & 150 of 2024(SZ)
IN THE MATTER OF:
M. Venkata Reddy
S/o M. Thirupathi Reddy,
R/o Eppllapally Village, Veenavaka Mandal
Karimnagar District,
Telangana - 505129.
...Applicant(s)
Versus
1) State of Telangana
Represented by its Chief Secretary
General Administration Secretariat,
Hyderabad,
Telangana-500022.
2) Union of India
Represented by its Secretary
Union Ministry of Environment, Forest & CC
Paryavaran Bhavan
New Delhi-110003.
3) Telangana State Pollution Control Board
Represented by its Member Secretary
A-3, Paryavaran Bhavan,
Sanath Nagar Industrial Estate
Hyderabad-500018.
4) Telangana State Tourism Development Corporation Limited,
Represented by its Executive Director
Tourism House, Himayathnagar,
Hyderabad-500027.
5) District Collector
Karimnagar District
Telangana-505001.
6) Telangana Irrigation Department,
Represented by its Engineer-in-Chief,
H.No.5-6-51/2, Krishna Nagar,
Ramagundam, Peddapally District,
Telangana - 505172.
(R6 was Suo Motu impleaded as per order dt.18.09.2024)
...Respondent(s)
Page 1 of 13
For Applicant(s): Mr. Shivang Singh a/w.
Mrs. Mamatha Ralla.
For Respondent(s): Ms. E. Niveditha represented
Mrs. H. Yasmeen Ali for R1, R4 to R6.
Mr. G.M. Syed Nurullah Sheriff for R2.
Ms. G. Lavanya represented
Mr. T. Sai Krishnan for R3.
Mr. K.S. Viswanathan, Senior Advocate a/w.
Mrs. T. Hemalatha/Counsel for I.A.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. VIJAY KULKARNI, EXPERT MEMBER
JUDGEMENT
1. The present Original Application is filed by the applicant, a resident of Karimnagar, raising concerns regarding irregularities in the development and construction of the 'Manair Riverfront Project' at Karimnagar, Telangana, without conducting an Environmental Impact Assessment (EIA) Study and not obtaining Environmental Clearance (EC) from the appropriate authorities.
2. The project was initiated by Respondent No.4 - Telangana State Tourism Development Corporation Limited and Respondent No.6 - Irrigation Department, on the Manair River, adjacent to the Lower Manair Dam (LMD).
3. It is alleged by the applicant that authorities are engaging in large-scale activities, including blasting within the river, without proper environmental safeguards, thereby causing potential damage to the river ecosystem. Blasting near an irrigation dam poses a severe risk due to high vibrations that may lead to structural damage, cracks, or even a dam failure, resulting in disastrous consequences. The blasting activities are contributing to air and noise pollution, adversely affecting the residents of Karimnagar. The ecosystem of the Manair River is being negatively impacted by these activities, which are occurring alarmingly close to the Lower Manair Dam.
Page 2 of 134. It is further alleged that the riverfront project includes the construction of a check dam, flood banks, recreational spaces, open-air theatres, tourist attractions, and a boating area. Large- scale construction activities are being carried out using heavy equipment and vehicles, exacerbating environmental degradation. The Manair Riverfront Project falls under the category of 'Area Development Projects' as per the EIA Notification, 2006 (Category B) and requires prior Environmental Clearance.
5. Hence, the applicant filed this Original Application seeking the following reliefs:-
"a. Direct the project proponent to execute the Maneru River Front Project only after conducting Environment Impact Assessment (EIA) studies and after obtaining appropriate Environment and other clearances from TSEIAA/ Union Ministry of Environment, Forest and Climate Change and Telangana State Pollution Control Board.
b. Direct the Project Proponent and Respondents of Telangana not to construct permanent structures on floodplains, within river contrary to the guidelines of MoEF and Union Ministry of Housing and Urban Development.
c. Direct the regulatory agencies to assess the damage caused to the Maneru river and its surroundings by the project proponent.
d. Direct the Official Respondents to restore the damaged area."
6. Considering the gravity of the issue raised, this Tribunal admitted the matter and issued notice to respondents through the Tribunal as well as privately. Upon notice, the respondents entered appearance through their counsel and filed their respective pleadings.
7. The Ministry of Environment, Forests and Climate Change (MoEF&CC) / Respondent No.2 has filed a counter affidavit dated 16.10.2024, stating that the Environmental Impact Assessment (EIA) Notification issued by the MoEF&CC regulates the construction of new projects or expansion/modernization of existing ones, requiring prior Environmental Clearance (EC) under sub-section (3) of Section 3 of the said Act.
Page 3 of 138. The counter affidavit states that with reference to the applicant's allegations, the MoEF&CC conducted a site inspection through its Hyderabad Regional Office on 17.05.2024, with officials from the Telangana Irrigation and Tourism Departments in attendance. They made detailed observations and conclusions from the inspection. The further contention of the MoEF&CC is that projects exceeding 50 Hectares fall under Category B of Item 8(b) and require SEAC appraisal and SEIAA approval. The remaining issues raised in the application do not pertain to this respondent.
9. The Telangana State Pollution Control Board (TGPCB)/ Respondent No.3 filed a report dated 18.12.2023, stating that the Pollution Control Board officials along with the Irrigation Department, LMD Colony, Karimnagar made an inspection of the Manair Riverfront project site on 06.10.2023 and they observed that the construction of protection walls along both flanks of the Manair River, as well as removal of obstructions in the riverbed near the Cable Suspension Bridge, is in progress. A check dam is under construction at the Cable Suspension Bridge as part of the Riverfront project. Earth filling with casing soils is being carried out along the rear riverbanks to form a guide bund adjacent to the protection wall.
10. It is further stated in the report that the issue was reviewed in the Board's Task Force Committee meeting held on 07.10.2023, and the Superintending Engineer, I.C.2, LMD Colony, Karimnagar, who attended virtually, informed the Committee that the ongoing Manair Riverfront Project is being implemented by the Irrigation Department, with a built-up area of 1,35,200 Sq. Meters and does not require prior Environmental Clearance (EC), as the total area and built-up area fall below the threshold limits of 50 hectares / 1,50,000 Sq. Meters prescribed under Item 8 (b) (Townships and Area Development Projects) of the EIA Notification, 2006. Additionally, the Executive Engineer, I.C.2, LMD Colony, Karimnagar, through a letter dated 09.10.2023, submitted a formal declaration to the Pollution Control Board stating that the built-up area of the Manair Riverfront Project is 1,35,200 Sq. Meters and the total project area is 12.80 hectares, Page 4 of 13 which are within the threshold limits and hence do not attract the requirement for prior Environmental Clearance.
11. The Telangana SPCB has finally concluded in its report that Item 8 (b) of the Schedule to the EIA Notification, 2006, stipulates that Township and Area Development projects with an area ≥ 50 ha and/or built-up area ≥ 1,50,000 Sq. Meters, which require prior Environmental Clearance. Since the present project falls below these limits, prior Environmental Clearance is not applicable.
12. The Telangana State Tourism Development Corporation (TSTDC)/ Respondent No.4 also filed a report dated 16.09.2024, stating that the Manair Riverfront Master Plan comprises four designated zones. The TSTDC has been allocated a budget of Rs.100 Crores for the development of the Entrance Plaza and a Musical Fountain with a Viewing Gallery. The Entrance Plaza is proposed in Zone 3, at a chainage of 2.15 km from the Manair Dam, with a budget of Rs.40 Crores over an area of 4 Acres. The proposed components include (i) Construction of a road from Ramagundam-Hyderabad Bypass Road to the Bund, (ii) Landscaping, (iii) Illumination and (iv) Pathways.
13. It is further stated in the report that as of now, only earth filling for road formation has been completed over 2.59 Acres at a cost of Rs.4 Crores. No further work has progressed since June 2023. The Viewing Gallery for the Musical Fountain, with a seating capacity of 800 persons, is also proposed in Zone 3, at a chainage of 3.15 km from the Lower Manair Dam, covering 1.15 Acres. However, construction has not yet commenced due to pending permission from the Irrigation Department. The Musical Fountain itself is proposed in the river at the same chainage (3.15 km), with a basement area of 0.07 acres and an estimated budget of Rs.60 Crores. Only foundation footing work has been initiated. The work has been halted since June 2023, pending finalization and proof-checking of the designs and drawings by government institutions. It is further claimed that the TSTDC did not violate any ecological or environmental laws. The TSTDC's role in the overall project is limited and does not involve any activity that breaches the applicable environmental regulations. Moreover, all Page 5 of 13 project activities under this respondent have been on hold since June 2023.
14. During the pendency of the matter, this Tribunal has considered the reply affidavit submitted by the MoEF&CC, particularly the concluding section, and has noted that the MoEF&CC cannot determine the exact area or built-up area of the entire Manair Riverfront Project without the Final Keyhole Markup Language (KML) File and the construction Master Plan from the Project Proponents viz., Respondent No. 4 - Telangana State Tourism Development Corporation Limited, and Respondent No. 6
- Irrigation Department. Consequently, the Tribunal has directed Respondents No.4 and 6 to provide these documents to the MoEF&CC, after which the MoEF&CC shall submit an additional reply affidavit.
15. In compliance with the aforementioned direction, the Irrigation Department, which was suo motu impleaded as additional Respondent No.6, has submitted a report dated 02.04.2025. The report indicates that the State Government has commenced flood mitigation works along the Manair River, with the following scope:
o Construction of protection walls from Km 1.100 to
3.700 on both flanks downstream of the Lower Manair Dam (LMD).
o Improvements to the existing Check Dam-II and construction of a 210-meter half barrage.
o Excavation of a feeder canal from DBM-1 to supply fresh water to the Check Dam.
o No land acquisition, irrigation facilities, culturable command area, or new water storage is involved.
o Consequently, no Environmental Clearance (EC) is required for these irrigation works.
16. The report further states that the primary purpose of these works is to prevent urban flooding by constructing a network of protection walls, embankments, and sluice gates to manage discharge levels of 0.80, 2.80, 3.50, and 5.00 lakh cusecs. Additionally, the project aims to improve water quality, restore river ecology, and enhance aquatic biodiversity. A gated barrage with 14 vents, positioned 0.70 meters below the riverbed, has Page 6 of 13 been proposed. Model studies were conducted at TSERL, and arrangements have been made to feed fresh water from DBM-1 of the Kakatiya Main Canal to improve water quality, desilt the riverbed, and control algae growth.
17. It is further stated in the report that the ongoing construction of protection walls up to Check Dam-II, sanctioned under G.O. Rt. No. 215, I&CAD (MI) Department dated 09.06.2021 for Rs.310.464 crores, is solely an irrigation work, which is confirmed by the MoEF&CC through its report. There is no mention of a Manair Riverfront project in the sanctioned scope. As per the EIA Notification, the project does not fall under either Category A (irrigation projects with >10,000 ha of culturable command area), or Category B (<10,000 ha), and hence, does not require prior EC. Tenders for irrigation and tourism-related components were issued independently under separate administrative approvals. The Irrigation Department is executing only flood protection works, while the Telangana Tourism Development Corporation is implementing Manair Riverfront development works.
18. Pursuant to the order dated 17.02.2025, the required KML file was submitted to MoEF&CC vide Letter dated 24.02.2025. Further, the contractor (SLR-HES JV), executing the irrigation works, submitted letters dated 03.03.2025, citing financial losses due to idle manpower and machinery following a work stoppage. The agency also disclaimed liability for any structural damage during this critical period. This is a peak working season, with only three months remaining to complete critical components. In light of the fact that prior Environmental Clearance is not required, it is prayed by the Irrigation Department that the stay on Respondent No.6 be vacated and the application dismissed to allow the resumption of flood protection works. Moreover, the allegations in the Original Application are misconceived and without merit.
19. In accordance with the Tribunal's direction dated 17.02.2025, the MoEF&CC/Respondent No.2 submitted an additional affidavit dated 01.04.2025. The affidavit states that the Irrigation & CAD Department, Government of Telangana, had submitted letters dated 24.02.2025 and 06.03.2025, along with Page 7 of 13 the project's KML file, to the Regional Office of MoEF&CC, Hyderabad. Based on these submissions, an additional report dated 26.03.2025 was prepared, and the conclusions from the report are reproduced below:
"i. In the letter of Irrigation and Department and KML files shared with MoEFCC, the scope of the construction on the Manair River includes the construction of protection walls and check dams and the excavation of feeder canals related to flood control and were not associated with the Manair River Front or irrigation purpose. Such activities are exempt from requiring an Environmental Impact Assessment (EIA) or Environmental Clearance (EC) as per S.O. 3977 (E), dated August 14, 2018, Ministry of Environment, Forest, and Climate Change, Notification, New Delhi.
ii. In view of the above, as per the site inspection conducted on 17th May 2024 and as per the latest KML file provided by the project proponent, the works undertaken by the irrigation department on Manair River are exempted from EIA Notification 2006, amended from time to time.
iii. Further, the letter from the Irrigation Department states that the Tourism Department has yet to take NOC for the said project from the Irrigation Department, and it will be considered on merits.
iv. In the Tourism Department's letter and the KML file shared, it is observed that the construction work comprises an Entrance Plaza (4.0 acres), a View Gallery (1.15 acres), and a Musical Fountain in the riverbed with a base of 0.074 acres. Further, the Tourism Department is finalizing the "Construction Master Plan" and has not indicated the built-up area in sq. meters."
20. Considered the pleadings, reports filed by the authorities and also the submissions made by the learned counsel for the applicant as well as the respondents.
21. The case of the applicant is that the 'Manair River Front Project' in Karimnagar, Telangana, has been undertaken without conducting an EIA Study or obtaining prior Environmental Clearance, as mandated under the EIA Notification, 2006. The project, initiated by the TSTDC (Respondent No.4) and the Irrigation Department (Respondent No.6), allegedly involves activities such as blasting and construction near the Lower Manair Dam, causing environmental degradation and posing risks to the dam's structural integrity.
22. In this regard, the stand taken by the MoEF&CC that as per the EIA Notification, 2006, Township and Area Development Projects falling under Item 8(b) require Environmental Clearance, if the area exceeds 50 hectares or the built-up area exceeds Page 8 of 13 1,50,000 Sq. Meters. Based on a site inspection and review of documents, including a KML file and construction details, the Ministry concluded that the irrigation-related works fall outside the purview of the EIA Notification due to their flood control nature, as exempted under S.O. 3977(E) dated 14.08.2018.
23. Further, the Telangana SPCB confirmed that the built- up area of the riverfront project is 1,35,200 Sq. Meters and the total project area is 12.80 hectares--both below the threshold under 8(b). Hence, no prior Environmental Clearance is required.
24. The TSTDC stated that it is implementing limited components of the project (Entrance Plaza, Musical Fountain, Viewing Gallery) over a minor area, and no significant construction has occurred since June 2023 pending permissions and final designs. They claim compliance with all environmental regulations. Additionally, the Irrigation Department asserted that its works are flood mitigation measures--construction of protection walls, check dams, and feeder canals--with no land acquisition, irrigation expansion, or new water storage. These are classified as non-irrigation projects exempted from Environmental Clearance, and the MoEF&CC has acknowledged the same.
25. In view of the above analysis, the Tribunal finds that the works being executed are primarily flood control measures and are exempted from EIA under S.O. 3977(E) of 2018. The total area and built-up area of the tourism components do not cross the thresholds prescribed in Item 8(b) of the EIA Notification, 2006. Hence, no Environmental Clearance is required at this stage. It is, however, imperative that any further expansion, especially by the Tourism Department, shall undergo strict environmental scrutiny if thresholds under the EIA Notification are met.
26. While the Applicant raised concerns of blasting near the dam, no substantial evidence or report supports ongoing or harmful blasting activity. The MoEF&CC and Telangana SPCB inspections have not noted unauthorized environmental damage directly attributable to the current project scope. However, construction near ecologically sensitive zone warrants precaution.
Page 9 of 1327. Before reaching a conclusion, it is noted that the applicant, in addition to sending an email dated 03.03.2025, also sent a letter dated 28.02.2025 directly to the Registrar of this Tribunal, which was received on 05.03.2025, requesting to withdraw the Original Application filed by him. The contents of the letter are as follows:
"I have filed above case on illegalities committed by the previous government in Telangana.
Now the present government is willing to take all safeguards and protection measures to save environment. I am informed that Environmental Clearance is not required for the Flood Protection works being taken up the Irrigation Department.
Hence I wish to withdraw above Original Application filed by me considering the safeguards initiated by the present Government of Telangana with a liberty to raise my grievances if violations continued/if environment protection measures are not implemented by the Authorities.
I have instructed my Advocate to withdraw the case.
Therefore, I request your good self to kindly permit and close the case."
28. Additionally, Ms. Mamatha Ralla, the learned counsel for the applicant, apart from sending an email dated 11.03.2025, also sent a letter to the Registrar of this Tribunal, which was received on 24.03.2025, requesting the withdrawal of the present Original Application. The letter contains the following details:
"My client has filed above case on illegalities committed by the previous govt in Telangana. Now the present govt is willing to take all safeguards and protection measures to save environment. Hence, my client wish to withdraw above Original Application filed by him and as per my client instructions I am requesting you to kindly consider the withdrawal of the Original Application (136 of 2023) and close the case."
29. It is surprising to note that the letter requesting permission to withdraw the Original Application has been sent by the applicant, who initially asserted that the project could only proceed after a thorough Environmental Impact Assessment and obtaining of all necessary clearances, particularly the Environmental Clearance, along with restrictions on constructing permanent structures in sensitive areas. Suddenly, the applicant has changed his stance. In his letter, the applicant claims that the previous government in Telangana committed illegalities and that Page 10 of 13 the present government is now willing to implement all necessary safeguards. Consequently, he wishes to withdraw the matter. This raises questions about the applicant's bona fides.
30. It is not out of place to mention that the Tribunal had previously considered the allegations made by the applicant and the gravity of the issue. As a result, by its Order dated 18.09.2024, the Tribunal recorded that the TSTDC had stated no work had been carried out since June 2023, and emphasized that no further work should proceed without explicit orders from the Tribunal.
31. This Tribunal notes with concern the filing of the present application which, upon examination, appears to be devoid of merit and is prima facie frivolous in nature. Such applications not only burden the judicial system but also obstruct the path of genuine litigants seeking timely redressal. The Hon'ble Supreme Court of India has consistently held that frivolous and vexatious litigations constitute a serious abuse of the judicial process and should be dealt with firmly.
32. In Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470, the Hon'ble Supreme Court of India observed that the filing of frivolous petitions hampers the course of justice and should be discouraged through imposition of exemplary costs. Similarly, in Indian Council for Enviro-Legal Action v. Union of India, (2011) 8 SCC 161, it was reiterated that such petitions clog the system and deny genuine claimants access to justice. In Chandra Shashi v. Anil Kumar Verma, (1995) 1 SCC 421, the Hon'ble Supreme Court emphasized that abuse of the Court process must be met with strict consequences, including exemplary costs.
33. This principle has been reinforced in more recent rulings. In Ashok Pandey v. Union of India [W.P. (Civil) No.966 of 2023 dated 13.10.2023], the Hon'ble Supreme Court dismissed a frivolous Public Interest Litigation (PIL) and imposed a cost of Rs.5,00,000/- on the petitioner, holding that such petitions waste valuable judicial time and resources. In The State of Jharkhand v. Shiv Shankar Sharma (2022) 19 SCC 626, the Hon'ble Supreme Court underscored the pressing need Page 11 of 13 to curb frivolous PILs, highlighting that they divert attention from more serious matters and consume disproportionate judicial bandwidth. Likewise, in M/s. Icomm Tele Ltd. v. Punjab State Water Supply and Sewerage Board (2019) 4 SCC 401, the Hon'ble Supreme Court reiterated that frivolous claims should be dismissed with exemplary costs to prevent the misuse of the judicial process.
34. In light of these well-established principles and precedents, and given that the present application fails to make out any substantial case and appears to have been filed without bona fide intent or due diligence and is politically motivated, this Tribunal is of the considered view that it warrants the imposition of exemplary costs. Such action is necessary not only to discourage this kind of abuse of the judicial forum but also to preserve the integrity and efficiency of environmental adjudication processes.
35. In the result, I. The Original Application [O.A. No.136 of 2023 (SZ)] is dismissed with costs of Rs.1,00,000/-
(Rupees One Lakh only) payable by the applicant to the National Green Tribunal (Southern Zone) Regular Practitioner's Association within a period of 04 (Four) weeks, for filing a frivolous application and wasting the valuable judicial time.
II. Out of the aforementioned amount, a sum of Rs.50,000/- shall be utilized for tree plantation; Rs.25,000/- shall be utilized for the purchase of relevant books on environmental laws and other necessary amenities for the Bar; and the remaining Rs.25,000/- shall be used to provide facilities for litigants visiting the National Green Tribunal, Southern Zone Bench, Chennai.
Page 12 of 13III. In the event of default in payment by the applicant, the District Collector - Karimnagar (Respondent No.5), is directed to recover the said amount from the applicant under the provisions of the Revenue Recovery Act and thereafter deposit the same with the National Green Tribunal (Southern Zone) Regular Practitioners' Association.
IV. Liberty is granted to the Project Proponent to proceed with the project in accordance with law. However, the authorities concerned are directed to remain vigilant in the future, as a precautionary measure.
V. The Secretary of the Association shall submit a compliance report before the Registrar of this Bench after a period of three months, detailing the utilization of the amount as referred to above.
36. In view of the above, the interlocutory applications [I.A. Nos.149 & 150 of 2024 (SZ)] are closed.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Vijay Kulkarni, EM O.A. No.136/2023(SZ) & I.A. Nos.149 & 150/2024(SZ) 03rd April, 2025. Mn.
Note:
Let the Registry communicate this order to the Secretary - National Green Tribunal (Southern Zone) Regular Practitioners' Association for compliance.Page 13 of 13