National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Government Of ... on 3 January, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No. 13 & 14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.259 of 2020 (SZ)
With
Original Application No.02 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion
Suo Motu based on the news item in
The Indian Express, Newspaper dt. 09.12.2020,
"Andhra town Eluru hit by „mystery‟ illness,
Traces of lead, nickel in blood samples",
News item in The Time of India, Newspaper
Dt. 08.12.2020, "Heavy metal content in water
Caused mysterious disease in Andhra Pradesh" &
News item in NDTV, dt. 09.12.2020,
"Lead, Nickel found in blood of people with
Mystery illness in Andhra"
...Applicant(s)
Versus
The Chief Secretary of Govt. of Andhra Pradesh
And Ors.
...Respondent(s)
With
Tribunal on its own motion
Suo Motu based on the news item in
The Hindu, edition dated 15.12.2020,
"Kolleru (West Godavari Dt.) "Mystery illness raises
Concerns over Kolleru Pollution"
...Applicant(s)
Page 1 of 20
Versus
The Chief Secretary to Govt. of Andhra Pradesh,
Andhra Pradesh and Ors.
...Respondent(s)
Date of hearing: 03.01.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No.259/2020:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R7.
O.A. No.02/2021:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R8.
ORDER
1. As per order dated 26.10.2021, this Tribunal had considered the request made by the Andhra Pradesh Pollution Control Board, District Collector and other departments and also considered the latest newspaper report Page 2 of 20 published in Eenadu Daily dated 25.10.2021 regarding large scale encroachment into the Kolleru Lake and directed the authorities to file an independent report regarding the same. This Tribunal had also directed the Forest Department to file an independent report regarding these aspects and posted the case to 23.12.2021 for that purpose. On 23.12.2021, the case was adjourned to today by notification.
2. We have received the letter dated 21.12.2021 sent by the District Collector, West Godavari, Eluru addressed to the Registrar, National Green Tribunal, Southern Zone, Chennai supposed to be the report which was sought for from him. This Tribunal, in several occasions directed the parties to file a proper report, instead of sending in the letter form through their counsel.
When this was pointed out, the learned counsel appearing for the State of Andhra Pradesh submitted that they will rectify the same and file a proper report regarding the same.
3. We have also received the report submitted by the Principal Chief Conservator of Forests and Head of Forest Force signed on 14.12.2021, e-
filed on 02.01.2022 which reads as follows:-
Page 3 of 20 1a REPORT FILED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, ANDHRA PRADESH BEFORE THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN o.A. NO.259(SZ) OF 2O2O& 02/2O2L (SZ)
1. SUO MOTO cases were registered by the Hon'ble National Green Tribunal (Southern Zone), Chennai, based on the Newspaper reports published in the Times of India, dated.08.12.2020; Indian Express, dated.0g.12.2020 and in the Hindu, dt.
L5.L2,2020, under the captions "heavy metal content in water caused mysterious disease in Andhra Pradesh", "Andhra town Eluru hit by 'mystery' illness, traces of Lead, Nickel in blood samples", and "mystery illness raises concerns over Kolleru pollution" respectively and a news item telecasted in NDTV, dated.09.12.2020 under the caption "Lead, Nickel found in Blood of people with a mystery illness in Andhra Pradesh",
2. It is respectfully submitted that the Hon'ble NGT (SZ), Chennai in their order dt.26.10.2021, directed to lmplead the Prl. Chief Conservator of Forests & Head of Forest Force, Andhra Pradesh and also the District Forest Officer, West Godavari District as additional respondents 9 and 10 in O.A. No. 2 of 2021. Consequent to the notification of a part of Kolleru Lake as a Wildlife Sanctuary by the Government of Andhra Pradesh, the Kolleru Wildlife Sanctuary has been under the administrative control of the Andhra Pradesh Forest Depatment. Hence, the Prl. Chief Conservator of Forests & Head of Forest Force, Andhra Pradesh is impleaded as 9th respondent.
3. It is respectfully submitted that, Kolleru Lake is one of the largest freshwater ecosystems (Wetland) in India of International importance recognized under the Ramsar Convention (Iran 1971) in the year 2002. Out of the total area of the lake which is up to +10 feet MSL contour (Ac.2,25,250), only up to +5 feet MSL contour (Ac.77,138) has been declared as Wildlife Sanctuary in the year 1999. Further, as per the direction of the Hon'ble Supreme Court of India in I.A. no. WP(C) no.202 of 1995, a total of 1776 no. of tanks (1140 in West Godavari district + 636 in Krishna district) covering an area of about 43,724 acres (28,949 acres in West Godavari + 15,775 acres in Krishna) have been demolished under "Operation Kolleru" within the notifled area of Kolleru Wildlife Sanctuary, up to +5'contour. After operation Kolleru, the sanctuary lands were consolidated by the Revenue Department of West Godavari and Krishna Districts and handed over to the Forest Department.
4. There are mainly three categories of lands that exist inside the Sanctuary area viz., Government, D-Patta, and Ziroyati lands. The area of the Ziroyati land i.e., Ac.14,861.33 is with individual Farmers. The D-Pattas granted inside the Sanctuary area were cancelled at the time of notification. Traditionally, the villagers were practicing either agriculture or aquaculture activities in the area. After the "Operation Kolleru 2006", the Revenue Department from both the Districts i.e. West Godavari and Krishna has consolidated the area, village-wise and handed it over to Page 4 of 20 Page 1 of 4 2 the Forest Department. But, the survey did not take place to demarcate the physical boundary of the Sanctuary, which runs along the +5 feet N4SL contour as per the notification. During "Operation Kolleru-2006", the aquaculture tank bunds inside the Wildlife Sanctuary were partially demolished and the villagers again resorted to aquaculture activities by strengthening the partially demolished bunds. The encroachments are seasonal in nature. During monsoon season, the area within the +5 feet contour of l.4SL is generally flooded and once the water level recedes post-monsoon, the villagers try to repair the bunds of old tanks and start aquaculture activities. The Zlroyati lands are yet to be acquired by the Government from the farmers by paying suitable compensation. Though the D-Patta lands were cancelled at the time of notification, the farmers claim that they still have rights over those lands.
5. There is a lot of pressure from local villagers to carry out aquaculture activities and several complex issues involved from paying compensation to downsizing the Sanctuary boundary. Forest Depaftment is making concerted effofts in protecting the sanctuary area despite all hurdles. So fat, 544 cases have been registered related to encroachment, mainly for aquaculture in all the categories of the lands since 2006-07 and the cases are under trial in various courts. The details of cases registered from 2006-07 to 2027-22 (up to 31-10-2021) are given below;
ABSTRACT OF ENCROACHMENT CASES REGISTERED FROM 2006.07 TO 2021-22 (up to 31-1O-2O21) IN KOLLERU WLS The extent of Encroachment Year of No. (Acres) Encroachment of cases Case booked booked Govt Total lzi.ovuti 2006-07 3 0 3.03 3.03 2007-08 1 0 0 0 2008-09 11 170.00 254.77 428.77 2009- 10 307.95 47 7.3L 779.26 2010- 11 36 321.67 355.24 676.85 2017-72 11 142.27 40.88 223.O9 2012-73 18 237 .43 122.45 360.28 2073-74 5 24.62 22.53 51. 15 2074-75 19 586.80 19 3. BB 780.68 2075-16 361.37 33.48 394.85 2016-17 74 737.43 L72.57 910.34 20t7-14 95 2329.59 244.69 257 4.28 2018- 19 55 242A.97 25.71 2454.68 20t9-20 46 7665.47 95.27 1760.7 4 2020-21 65 130 5.45 1009.33 23L4.7B 2027-22 59 7204.12 425.24 2029.36 TOTAL:l 554 11467.42 3874,26 15742,O4 Page 5 of 20 Page 2 of4 3 t
6. However, in some areas cases were registered multiple times since aquaculture activities were attempted in the same location every year. Accordingly, the area has been reconciled and arrived to an extent of 9522.10 Acres. (Govt. land: 6680.73 Acres. Zeroyati land: 2847.37 Acres.). District -wise particulars are given below and a map is enclosed depicting the encroachments based on the cases registered so far.
ABSTRACT OF AREA UNDER ENCROACHMENT BASED ON CASES REGISTERED FROM 2006-07 TO2O2O-2I IN KOLLERU WLS Area of Extent of Encroachment st. the (Acres) no.
District Mandal Mandal Govt. Zeroyati Total
(Acres) Land Land
1 Eluru 23900 2052.24 303.51 2355.75
2 Denduluru 586 0 158.54 158.54
Pedapadu 789 0 L79.20 179.20
4 West Nidamarru 6838 0 495.08 495.08
5 Godavari Unguturu t34 U 30.81 30.81
6 Bh imadole 20323 1617.69 834.28 2451.97
7 Akiveedu 69L4 580.150 5t7.37 LO97.520,
Tota! 59444 4250.O8 25L8.79 6764.47
1 Kaikaluru 10295 2539.63 308.66 2444.29
2 Krishna Ma ndava lli 7359 7t.o2 t3.92 44.94
Total 17654 2430.65 322.54 2753.23
WLS TOTAL 77138 6680.73 2841.37 9522.rO
Activities taken up by the Forest Department in the Sanctuary area:
7. The Sanctuary area is generally managed based on the prescriptions provided In the approved Management Plan. The previous Integrated Management Plan for Kolleru Wildlife Sanctuary was prepared by WISA (Wetlands International- South Asia):2008 for a period of 5 years under an assignment from the Forest Department, Government of Andhra Pradesh. The present Management Plan for Kolleru WLS is being prepared by involving Bombay Natural History Society (BNHS), Mumbai and it is under progress.
B. Forest Department is implementing various activities through State and Central schemes. The main activities implemented broadly in the Sanctuary area are Protection, Wildlife Habitat Improvement, Ecotourism, Development of bird congregation sites and Infrastructure development etc., Overall, an amount of Rs.30 crore(approx.) has been spent in the sanctuary area from 2006-07 to 2020-
21. Some of the important State and Central schemes being implemented currently in the sanctuary are CAMPA, BIOSAP, o4-Sanctuaries, 06-Development oF National Parks & Sanctuaries, Centrally Sponsored Schemes - Conservation of Natural Resources & Aquatic Ecosystems etc., A brief note in this regard is annexed hereto.
Page 6 of 20 Page 3 of 4 49. The important activities being taken by Forest Department in the sanctuary area are;
l. Protection: Establishment of base camps, strike force, check posts for regular patrolling, collecting intelligence, preventing encroachment activities, checking vehicle movement that carries fertilizers, chemicals, and fish feed into sanctuary area etc. Presently 5 base camps, 1 strike force and 6 check posts are functioning from various locations in the Sanctuary area.
2. Habitat improvement: The activities like desilting of drains, demolition of old bunds, removal of water hyacinth and other weeds, formation of mounds, planting trees for bird nesting, installation of artificial perching stands, releasing fish fingerlings (food for aquatic birds) etc., are being taken up to create a favourable environment for the wildlife to survive.
3. Research & Monitoring: Regular censuses are being conducted to enumerate different bird species and their population. Research related to tagging of birds was conducted earlier by BNHS. Presently through M.S. swaminathan Research Foundation (MSSRF), a study is being conducted on Socio-economic and livelihood assessment of communities living in and around Kolleru WLS.
4. Ecotourism: The ecotourism facility at Aatapaka and Madhavapuram in the sanctuary caters to visitors and acts as a conservation Education centre. presently facilities like Environmental Education centre, watchtower, boating are being maintained by the department. These facilities are being managed by local communities under the supervision of the Forest Department.
5. Awareness creation: Regular village level awareness programmes are being taken up and competitions for school and college students are being conducted during World Wetland Day, World Environment Day and Wildlife Week etc., mainly for gaining their support in the protection and conservation of this wetland.
10. Further, Forest Depaftment is not only implementing various developmental activities but also constantly monitoring the sanctuary area and taking strict actions against the illegal activities despite all hurdles. The seasonal encroachments in the sanctuary area mostly for aquaculture have been tackled by registering offence cases, demolishing the bunds, conducting village level programmes. The department is taking the best possible efForts to prevent and remove all kinds of encroachments in the sanctuary area.
11. It is respectfully submitted that, the Map of Kolleru Wildlife Sanctuary depicting encroachments along with a report in the form of Searchable PDF/OCR supportable PDF is enclosed herewith. Necessary hard copies are also enclosed herewith which are as follows;
. Note on schemes under implementation (ANNEXURE - I). o A detailed note on Kolleru Wildlife Sanctuary is also enclosed herewith for kind perusal (ANNEXURE - II).
o Map of Kolleru Wild Life Sanctuary (ANNEXURE - III).
This is submitted for kind information.
.\2. L\
Prl. Chief Conse Forests &-
Head of Forest Force
Andhra Pradesh
Page
Page 4 7
of of
4 20
5
ANNEXURE - I
Brief Note on schemes beinq implemented in Kolleru Waldlife Sanctuarv Andhra Pradesh Forest department is implementing various activities through State and Central schemes. The main activities implemented broadly in the sanctuary area are Protection, Wildlife Habitat Improvement, Ecotourism, Development of bird congregation sites and infrastructure development etc. Overall, an amount of Rs.30 crore (approx.) has been spent in the sanctuary area from 2006-07 to 2O20-2t.
The Scheme-wise activities being taken up by the Andhra Pradesh Forest Department in the sanctuary area are broadly as follows;
1. CAMPA:
a, Wildlife Habitat Improvement in protected areas i. Boundary Demarcation by the erection of stone monoliths/cairns b. Water Resource Management in Protected Areas ii. Construction of water conservation structures iii. Development and maintenance of Check dams c. Forest & Wildlife Protection iv.
Construction of boundary pillars
2. BIOSAP v. Habitat Improvement
3. O4-Sanctuaraes:
d. Habitat f mprovement and Protection vi. Maintenance of existing bird roosting stands
4. Vanavihari (Eco-tourism):
vii. Maintenance of EECS Centrally Sponsored Schemes
5. Conservation of Natural Resources & Aquatic Ecosystems e. Sustainable resource development and livelihood improvement viii,Release of fish seed (fingerlings) into Kolleru WLS at strategic points
9.-al Prl. Chief Conserv res & Head o orest Force, Andhra Pradesh Page 8 of 20 6 ANNEXURE -II NOTE ON KOLL ERU LAKE & KOLLERU WILDLI E SANCTUARY BACKGROUND:
1. Kolleru Lake is one of the largest freshwater ecosystems (Wetland) in India of international importance recognized under the Ramsar Convention (Iran 1971) in the year 2002. lt is a naturally formed lake between the alluvial plains of river Godavari and Krishna deltas and acts as a natural flood balancing reservoir. The lake with its variety of habitats supports rich biodiversity including some endangered species and supports the livelihoods of a large population living in and around the wetland system.
History:
2. The lake has been under tremendous pressure due to unsustainable developmental activities, particularly agriculture and aquaculture, which have led to the construction of hydraulic structures, roads, bunds and other infrastructure within its basin. The area under cultivation within the lake increased since 1940 when the British government granted paffas (title deeds) on payment of market value for the land. In 1954, the government initiated cooperative farming in the region inducing the formation of 93 farming societies on 850 sq. km. of the lake bed. The native paddy varieties were gradually replaced with shorter, high-yielding varieties that required the application of high dosages of chemical fertilizers and pesticides. By 1969, almost the entire lake was brought under cultivation and huge bunds were constructed to keep water out to protect the crops. As floods threatened cultivated areas almost every year, several control measures were also initiated during this period. However, the entire area was ravaged by a cyclone in 1969 which led to the near-complete destruction of agriculture. By the time flood control measures were completed, most of the people had become disillusioned wlth agriculture and had abandoned it. The roads and bridges that came up with agricultural development coupled with the increased demand for Fish created a new livelihood oppotunity and vast market for fish by 1978. Land use shifted to pisciculture which suddenly became profitable and by 1984, 5000 acres of government land within the lake bed was converted to fish tanks under the management of cooperative societies. The land was arbitrarily and haphazardly notified for pisciculture in total disregard to natural drainage patterns. High-profit margins subsequently induced contractors and private entrepreneurs into the Kolleru Lake area, who intensified aquaculture without adopting any environmental safeguards.
3. Realizing the rapid degradation of Kolleru Lake, the Government of Andhra Pradesh constituted several committees to propose measures for its restoration.
Most of these committees, however, suggested engineering solutions aimed at agriculture and fisheries development and flood control. The measures proposed were aimed at the diversion of water to the upstream reaches reducing flows to the Iake. The report of the expert committee on floods of deltaic areas on Krishna, Godavari and Guntur Districts by the Mitra Committee in 1966 suggested the construction of reservoirs at Budameru and Tammileru for storage of floodwaters (Mitra, 1966). Widening of Upputeru was proposed to drain the floodwaters with the lake levels controlled through the construction of a regulator (Mitra, 1966; Sreeramakrishnaiah, t9B7; Ramakrishnan, 1980). Pandurangam (1976) recommended the construction of Tl tanks and necessary development to promote fisheries. Construction of roads, school buildings, hospitals, electrification and development of piggery, duckery, and dairy farms for socio-economic benefit were also recommended.
Page Page 9 of1020 1 of 7 Area:
4. The Kolleru lake spreads over an area of 2,25,250 acres up to +10 feet contour MSL with rich biodiversity. The water spread area of Kolleru lake is as follows:
Up to + 10 feet contour MSL 2,25,25O acres
Up to +7 feet Contour MSL 1,68,750 acres
Up to +5 feet contour MSL 77,138 acres
Up to +3 feet contour MSL 33,750 acres
Declaration of Kolleru wildlife sanctuary:
5. Govt. have issued a draft preliminary notification declaring Kolleru lake as a Wildlife Sanctuary vide G.O.Ms.No.76, EFS&T (For.III) Dept, dated. 25-9-1995.
Later, the Govt. have issued a final notification of the sanctuary vide G.O.Ms.No. 120, EFS&T (For.III) Dept., dated.4-10-1999. The Kolleru Wildlife Sanctuary spreads over 9 Mandals, i.e.,7 Mandals in West Godavari and 2 Mandals in Krishna District with an extent of 30,855.20 ha or 77,738 acres up to +5 feet contour MSL. Out of this, 14861.33 Acres are privately owned Patta lands.
The sanctuary area details are as follows:
sl.
District Name of the Mandal Area in Acres no.
1 Eluru 23900 2 Unguturu t34 3 Pedapadu 789 West 4 Denduluru 586 Godavari 5 Akiveedu 69t4 6 N ida ma rru 6B3B 7 Bh imadolu 20323 West Godavari district total 59444 B Kaikaluru 10295 Krish na 9 Mandavalli 7359 Krishna District Total L7554 Total 77L34 Status of WPs filed in the Hon'ble High Court of Andhra Pradesh:
6. Aggrleved by the notification orders issued by Government, several hundreds of illegal fish tank owners and other groups have filed several writ-petitions in Hon'ble High Court challenging the notificatlon issued in 1999' After hearing all the wrlt-petitions, the Hon'ble High Court has bunched all the writ-petitions and treated them as a single case proclaimed the judgment on 30-7-2001, declaring the final notification issued by the State Govt. vide G.O.Ms.No.120 as valid and issued the following directions to the Government of A.P.;
o The final notification issued is valid.
o The Govt. should take all the steps to bring back Kolleru to its pristine glory.
o No piscicu ltu re/aq ua -cu ltu re/sh rim p culture should be permitted inside the sanctuary except traditional methods of fishing and traditional agriculture in their Patta lands, till such time their agriculture lands are acquired by Government.
o All encroachments within Kolleru sanctuary up to +5' contour should be removed.
Page 10 of 20 Page 2 of 10 8o Government should take adequate steps in stoppage of effluents into Kolleru lake.
Steps taken by Govt. of A.P after the Hon'ble High Court orders, dt.30.7.2001:
7. In order to implement the Hon'ble High Court orders, the Government have taken several steps. Taskforce teams were formed to prevent illegal encroachments. The Forest Department has removed 54 illegal fish tanks and faced threats and very difficult situations. Motivation camps were conducted to educate the local people on the adverse effects of floods like crop damages, deterioration of water quality, dangerous effects of pollution due to excessive usage of chemical fertilizers, feed, and pesticides by the illegal fish tank owners, etc. A total of 731 cases were booked for habitat destruction etc., from 30-7-2OOl to 17'11.2005.
Pollution control measures were taken by monitoring the water quality in 19 stations.
PIL filed by NGO (Nallamalai Foundation) before the CEC:
8. As the matter stands at this stage, the Executive Director, Nallamalai Foundation (NGo) Rled an IA No.381/2005 before the central Empowered Committee (CEC), constituted by the Hon'ble Supreme Court of India in W'P' (C) No.202195 and l7t/96 praying for the direction to the State Govt' on;
1. Immediate eviction of all encroachments in the sanctuary.
2. To expedite the acquisition of private Patta lands.
3. Cancellation of D-Form pattas (2,882 acres). (These D-Form pattas were cancelledbytheCollector,WestGodavariDistrictonll'8'2005and 20.10.2005, and by the District Collector, Krishna on 10'1'2002 and 2t.2.2002).
4. To brlng back the Kolleru Lake to its pristine glory' Hon,ble cEC has called for objections and conducted several hearings at New
9.
Delhi and also in Hyderabad wherein all the people representatives, several illegal fish tank owners, a large number of advocates have presented their cases before the committee and filed their affidavits during January-March, 2006. After the final hearing, the cEc has submitted its report to the Hon'ble supreme court of India during the month of March 2006.
Directions of the CEC of Hon'ble Supreme Court of India:
10. While dealing with a petition in IA No.1486-t487, Dt,20'3.2006, the Central Empowered committee appointed by the Hon'ble supreme court of India, vide Para No.54 of their report; issued the following directions;
a. use or transportation of inputs for pisciculture such as chemical fertllizer, farmyard manure, poultry manure, DOB, oil cakes etc', shall not be allowed in Kolleru Wildlife SanctuarY' b. All fish tanks constructed inside the sanctuary shall be demolished in a time- boundmannerstaftingfromthebigtothesmallerones.Thetanksofan period area of more than 100 acres (cumulative) shall be demolished within a of 15 days and the remaining tanks shall be demolished by 31"t May 2006.
Page Page11 3 ofof 1020 9 Judgment of Hon'ble Supreme Court of India and action taken by the Govt. of A.P:
11. Aggrieved by the order of the CEC, the Kolleru Food Industries have filed a Writ Petition No.1486-1487 before the Hon'ble Supreme Court of India and the supreme court in their judgment Dt:10.04.2006 have upheld the directions issued by the CEC. As per the direction of the Hon'ble Supreme Court of India, under "Operation Kolleru" totally, 1776 tanks (1140 in West Godavari + 636 in Krishna district) covering an area of about 43,724 acres (28,949 acres in West Godavari + 15,775 acres in Krishna) have been demolished in Kolleru wildlife sanctuary up to +5'contour. The demolition work has been taken up and completed by 15.6.2006 as per the orders of the Hon'ble Supreme couft and cEC. The demolition was carried out by the revenue department under the supervision of District Collectors.
Post "operation Kolleru-2Oo6"
t2. After the completion of "operation Kolleru" in 2006, the revenue department from both the districts consolidated the lands falling up to +5 feet contour MSL and handed them over to the forest department for management. The Kolleru Wildlife Sanctuary is under the adminlstrative control of the Wildlife Management Division, Eluru. Unlike the regular reserve forest blocks, the boundary of the sanctuary is described in terms of +5 feet MSL contour line in the notification. Through G'o no.l44, EFS&T (For.II) dept., dt.15.11.2006 staff were recruited on a contract basis under various categories to effectively manage the sanctuary area' Details of private Patta Iands owned by farmers:
13.TraditionalagricultureinprivatelyownedlandsispermittedasperG'O' Ms.No'120,EFS&T(For.III)Dept.,dt.4.l0.lggg,ThePattalandsownedbyprivate owners having legal rights to practice traditional agriculture within the sanctuary area of 77,138 area up to +5' contour is 14,861.33 acres out of the total sanctuary acres. The details are glven below:
sl. Name of the Mandal No. of No. of The Extent of no, villages Ryots area (Acres) est Godavari Dist.
1 Eluru 7 399 823.61
2. Pedapadu 3 199 496.52 ? enduluru 2 111 380.28
4 Bh im adolu 5 tt67 2426.87
5. Nidamarru 11 4t26 6150.63
6. nguturu 1 30 t46.46
7. kiveedu 10 1981 3475.7 Tota 39 8013 L3A99.47 n a D istrict 1 ikaluru 10 125 571.45
2. an davalli 5 7L 390.41 Tota 15 195 961.86 Grand tota 54 8209 14861.33 t4. As per G.O.Ms'No.120, dated'4'10'1999 and the judgment of the Hon'ble HighCourt,dated.30.T.200landalsoaspertheHon'bleSupremeCourtoflndla's practice traditional orders in April 2006, the owners of the agriculture lands can to agriculture without using pesticides and chemicals. But the farmers are agitating plrmit them to use chemical fertilizers to get more yields, which is illegal. Otherwise,theyarerequestingtopayadequatecompensationtotheirlands' Page 124 ofof1020 Page 10
15. The Dist. Collector, West Godavari indicated Rupees Six Hundred Twenty-Five Crore Forty-Eight lakh (Rs.625.48 crore) and the Dist. Collector, Krishna has indicated Rupees Thirty crore (Rs.30.00 crore) to acquire an extent of 13,899.47 acres and 961.86 acres respectively. Accordingly, the Govt. have proposed to pay the total compensation of rupees Six hundred fifty five crore and forty eight lakh (Rs.655.48 crore) for paying compensation to the agriculture landowners to an extent of 14,861.33 acres from accumulated Compensatory Afforestation Management & Planning Agency (CAMPA) and requested Hon'ble Minister for Environment, Forests & Climate Change to consider this proposal. But the Union Minister, MoEF & CC, GoI in National Board for Wildlife Meeting held by him on 22- 12-2009 has decided and informed that CAMPA funds cannot be used for acquisition of private lands and the question of payment of compensation to the farmers from CAMPA funds cannot be considered.
A.P. State Legislative Assembly resolution on O4.O9.20O8:
16. The A.P Legislative Assembly on 4-9-2008 had adopted a resolution to request the National Board of Wildlife, GoI and the Central Empowered Committee for reduction of the boundary of Kolleru Wildlife Sanctuary from +5 feet contour to +3 feet contour to mitigate the problems of the farmers. t7. The Ministry of Environment, Forests & Climate Change, GoI has been addressed accordingly vide EFS&T 1r.No.5876/For.II (2) 2006, dated. 17.10.2008 to place the matter before the National Board for Wildlife' The issue was discussed in the 17th meeting of the Standing Committee of the National Board for Wildlife on
22.t2.200g and the chairman decided to visit the site. Hon',ble Union Minister for Environment,Forests&CcVisitedtheKolleruWLSalongwiththepublic representative s on 27.2.2OL0 and announced that a committee will be formed to look into the problems of the people and environmental issues. The Government of India have constituted a 7-member committee vide GoI F.No.6-118/2008/wL-1, Dt:
2g.4.2OtO headed by Dr. P. A. Azeez, SACON. The committee has visited the Kolleru lake from 20th to 25th September 2010 and the repoft was submitted to the Government of India in APril 2011.
18. The committee was not in agreement with the proposed reduction of the area from +5 feet contour to +3 feet contour as this would seriously affect the conservation of wildlife especially the migratory birds. The committee felt that it is not advisable to reduce the sanctuary area as it would not be a viable solution for socio-economic and ecological issues confronting the stakeholders and local communities dependent on the lake. The committee has stressed the need for appropriaterelocationandrehabilitationpolicytobeadoptedinacquiringthe private lands below the +5 feet MSL contour level. The GoI has accepted the committee report and directed the state Government to implement the recommendations of the committee vide F.No.6-118/2008/wL-I, Dt: 6.6'2012.
19. While is so, the Government of India have formulated the wetlands (conservation & Management) Rules, 2010 under the Environment (Protection) Act, 1986 (the same are amended subsequently in 2oL7). According to these rules, the entire Kolleru Lake up to +10 feet contour MSL (901 sq.km) will be under the purview of the wetlands (conservation & Management) Rules, 2010. consequent to this and because of severe public opposition, the Government of Andhra Pradesh in letter No.10295/For-II (2)/2OtO-2, dt: 29.01.2011, has requested the Government of India to drop the proposals of bringing the entire lake under the purview of wetlands (conservation & Management) Rules, 2010 and also requested that these rules may be applied to the areas in Kolleru lake which remain underwater for most of the period of the year (up to +3 contour level)' Page Page13 of1020 5 of 11 A,P State Legislative Assembly Resolution on 23.L2.2OL4I
20. The Andhra Pradesh Legislative Assembly have adopted the following resolution on 23.t2.2014. "Kolleru Lake has been declared as Wildlife Sanctuary up to +5 feet Contour vide G.O. Ms.No.120, EFST&T (For.III) Dept., dated 04.10.1999 over an area of 30,855.20 Hectares, which includes 14,861.33 acres of Ziroyathi lands of which 13,899.47 acres is in West Godavari District 961.86 acres in Krishna District.
21. That these farmers are not getting adequate income from traditional agriculture without utilizing chemical fertilizers as per GO.Ms.No'120 EFS&T (For-
III) Dept., dt.04.10.1999. The compensation proposed to be paid for acquiring these lands will cause a heavy financial burden on the state exchequer.
22. This House resolved to request the National Board for Wildlife, Government of India and the "central Empowered committee" to recommend for reduction of the boundary of Kolleru Wildlife Sanctuary from +5 feet Contour to +3 feet Contour to mitigate the problems of the farmers.
23. The above-said resolution was placed before state Board for wildlife Andhra pradesh. The state Board for wildlife in its meeting held on 13.08.2015 recommended the reduction of the boundary of Kolleru Wildlife Sanctuary from +5 feet Contour to +3 feet Contour to the National Board for Wildlife.
24. The Standing Committee of the National Board for Wildlife in its 35th meeting held on 18th Aug 2015 discussed the proposal for boundary alteration of Kolleru wildlife sanctuary. The Standing committee decided to constitute a working Group to study all aspects of the matter. The working Group will include member Prof R.Sukumar, representative of wildlife Institute of India, a nominee of wildlife Division of the Ministry and a representative of the State Forest Depatment of Andhra Pradesh. The Group visited the Kolleru wildlife sanctuary area during the second week of December 2015 and brainstormed on all aspects of the proposal and to suggest viable options, including rationalization of boundaries of the Sanctuary, for conservation of the wetland and the Sanctuary while ensuring that no hardships are caused to the bonafide owners of the lands In the area'
25. Fufther, in the standing committee of National Board for wildlife in its 37th Meeting held on 26-02-2016, Chairman requested Dr. Sukumar and the site inspection team to interact with the state Government of Andhra Pradesh and flnalize the report with the recommendations for the part of the Sanctuary area, which is suitable for de-notification, which would cater to the needs of the local and owners while preserving the Kolleru Bird Sanctuary.
26. Further, in the 40th Meeting of Standing Committee of National Board for Wildlife held on 3.d January 2OL7, member Dr.Sukumar, described the recommendations made in the report, No compromise with the ecological balance by a drastic reduction in sanctuary area as per Andhra Pradesh State Assembly Resolution' Deletion of private Ziroyati lands from the sanctuary, i'e', approx' 5533'3 ha located inside the north-eastern boundary of Kolleru wLS except major rivers/streams flowing within this area retaining 10 m on either side of the stream/river by the government to ensure the environmental water flow into sanctuary.
Based on the authentic information on the extent of lands assigned to Scheduled Castes and Backward Class communities, the genuine D-Patta Page Page14 6 ofof 1020 12 cooperative societies be accommodated adjoining the Ziroyati lands to be deleted. Their process of rehabilitation should be ensured that these lands do not fall into the hands of 'Benami' owners.
. The government should be prepared to invest resources in R&R to resolve the rehabilitation cost of remaining Ziroyati landowners. . The above actions may be started after the compilation of reliable data on the actual boundary of Kolleru WLS and the preparation of an integrated management Plan.
. Within the rationalized boundaries of sanctuary, the impoftant areas of bird congregation should be declared as core zones free of human disturbances and the rest buffer areas can be used for traditional fishing without the construction of bunds.
. Ecologically sensitive Zone (ESZ) should be declared up to the present boundary or may be extended to a distance recommended by experts on wetland ecology.
27. Further, the standing committee of the National Board for wildlife in its 48th meeting held on 27.O3.2Ot8 recommended for deletion of Ac.t9797.69 cents (Approx. Ac.20000 cents) of private ziroyati lands and D-Patta lands as per the resolution passed by the Government of Andhra Pradesh. Hon'ble cEC addressed the chief secretary, A.P vide letter dated 25.07.2018 (F.No.2-77/CECISC/2O18- Pt.VI) advised no further action may be taken to implement the decision of the standing committee of National Board for wildlife taken at its meeting held on
27.O3.2018.
Encroachment status within Kolleru wL sanctuary (up to +5 feet contour):
28. There are mainly three categories of the lands that exist inside the sanctuary area (Government, D-Patta & Ziroyati). Traditionally the villagers are practicing either agriculture or aquaculture activities in the area. The D-Patta lands were cancelled at the time of notification. After the "operation Kolleru-2006", the revenue department from both the districts consolidated the area village-wise and handed it over to the forest department. The survey did not take place to of the demarcate the sanctuary boundary and as per the notification, the boundary sanctuary runs along the +5 feet of contour MSL. During "Operation Kolleru-2006"
the aquaculture tank bunds inside the Wildlife Sanctuary were only partially demolished and the vlllagers again resorted to aquaculture activities by strengthening the partially demolished bunds. The encroachments are seasonal in generally nature, durlng monsoon season the area within +5 feet of contour MSL flooded and once the water level recedes post-monsoon, the villagers will try to repair the bunds of old tanks and start aquaculture activities. The ziroyati lands are yet to be acquired by Government from the farmers by paying compensation' Though the D-Patta lands were cancelled at the time of notification, the farmers feel that still they have rights over those lands' 29'Thereisalotofpressurefromlocalvillagerstocarryoutaquaculture activitieS and Several complex issues involved from paying compenSation to downsizing the sanctuary boundary. The Forest Depaftment is taking concerted efforts in protecting the sanctuary area despite all hurdles. so far 544 cases have been regiitered related to encroachment in all the categories of the land since 2006-07 and the cases are under trial in various courts. The details of cases booked from 2006-07 to 2O2l-22 (up to 31-10-2021) are given below' Page Page15 7 ofof1020 13 ABSTRACT OF ENCROACHMENT CASES REGISTERED FROM 2006-07 TO 2O2L-22 (up to 31-10-2021) IN KoLLERU wLS Year of No, The Extent of Encroachment Encroachment Cases (Acres) Case booked booked Govt. Ziroyati Total 2006-07 3 0 3.03 3.03 2007-08 1 0 0 0 2008-09 11 170.00 258.71 428.71 2009-10 23 3o7.esl 47t.31 779.26 2010- 11 36 321.611 355.24 676.85 20Ll-12 11 t82.21 40.88 223.09 20L2-13 1B 237.83 t22.45 360.28 20t3-t4 5 28.62 22.53 51.15 20t4-t5 19 586.80 193.88 780.68 2015- 16 36t.37 33.48 394.85 2016-17 74 737.83 L72.5t 910.34 20t7-lB 95 2329.59 244.69 2574.28 2018- 19 55 2428.97 25.77 2454.68 20t9-20 46 1665.471 95.27 L760.74 2020-2t 65 13os.4sl 1009.33 23t4.78 2021-22 59 t204.12 825.24 2029.36 TOTAL: 554 LLA67.82 3a74.26 L5742.04
30. However, in some areas cases were registered multiple times since year' Accordingly, aquaculture activities were attempted in the same location every Acres. (Govt land:
the area has been reconciled and arrived to an extent of 9522.L0 particulars are given 6680.73 Acres. Ziroyati land: 2841,37 Acres.). District-wise belowandthemapisencloseddepictingtheencroachmentbasedonthecases registered so fa r' ABSTRACT OF AREA UNDER ENCROACHMENT BASED ON CASES REGISTERED FROM 2006-07 TO 2O2O-2L IN KOLLERU WLS Area of Extent of Encroachment the (Acres) sl.
District Mandal Mandal Govt. Land Ziroyati Total no.
(Acres) Land
1 luru 23900 2052.24 303.5 1 2355.75
2 Denduluru 586 0 158.54 158.5r
3 Pedapadu 789 0 L79.20 t79.20
4 N ida ma rru 6838 0 495.08 495.
West
5 Godavari Unguturu 134 0 30.81 30.8
6 himadole 20323 t617.69 834.28 2451,97
7 kiveedu 69t4 580.150 517.37 LO97.52
Total 59444 4250.O8 25La.79 6764.47
Page
Page16
8 ofof
1020
14
1 Kaikaluru 10295 2539.63 308.66 2844.29
2 Krish na Mandavalli 7359 71.O2 t3.92 44.94
Total L7654 2430,65 322.s8 2753.23
WLS TOTAL 77138 6680.73 284L.37 9522.rO
Activities have been taken up by the Forest department in the sanctuary area:
31. Forest Department is implementing various activities through state and central schemes. The main activities implemented broadly in the sanctuary area are Protection, wildlife habitat improvement, ecotourism, development of bird congregation site, infrastructure development, etc. Overall, an amount of Rs.30 crore (approx.) has been spent in the sanctuary area from 2006-07 to 2020-21.
some of the important state and central schemes being implemented currently in the sanctuary are cAMPA, BIOSAP, O4-Sanctuaries, 06-Development of National park & sanctuaries, centrally sponsored schemes - conservation of Natural Resources & Aquatic Ecosystem etc',
32. The important activities being taken by Forest Department in the sanctuary area are;
1. Protection: Establishment of base camps, strike force, check posts for regular patrolling, collecting intelligence, preventing encroachment activities. checking vehicle movement that carries feftilizers, chemicals, and fish feed intosanctuaryareaetc.Presently5basecamps,lstrikeforce,and6check posts are functioning from various locations in the sanctuary area'
2. Habitat improvement: The activities like desilting drains, demolition of old bunds, removal of water hyacinth and other weeds, formation of mounds, planting oF trees for bird nesting, installation of artificial perching stands, releasing fish fingerlings (food for aquatic birds) etc', are being taken up to create a favourable environment for the wildlife to survive' 3'Research&Monitoring:Regularcensusisbeingconductedtoenumerate differentbirdspeciesandtheirpopulation.Researchrelatedtotaggingof birdswasconductedearlierbyBNHS'PresentlythroughMsSwaminathan ResearchFoundation(MSSRF),astudyisbeingconductedonSocio-economic Kolleru wLS' and livelihood assessment of communities living in and around in the
4. Ecotourism: The ecotourism facility at Aatapaka and Madhavapuram sanctuarycaterstothevisitorsandactsasaConservationEducationCentre' Presently facilities like Environmental EdUcation centre, watch tower, boating arebeingmaintainedbythedepartment'Thesefacilitiesarebeingmanaged bylocalcommunitiesunderthesupervisionoftheforestdepartment'
5. Awareness creation: Regular village level awareness programmes are beingtakenupandcompetitionsforschoo|andcollegestudentsarebeing conductedduringworldwetlandday,worldenvironmentday,wildlifeweek etc.,mainlyforgainingtheirSupportintheprotectionandconservationof this wetland.
activities
33. Forest Department is not only implementing various developmental but also constantly monitoring the sanctuary area and taking strict actions against the illegal activities. The department is taking the best possible efforts to prevent and remove all kinds of encroachments in the sanctuary area. The sanctuary area is generally managed based on the prescriptions provided in the approved Munug"r"nt Plan. The previous Integrated Management Plan for Kolleru wildlife sanctuary was prepared by WISA (wetlands Internationa l-south Asia):2008 for a period of 5 years under an assignment from the Forest Department, Government of Page Page17 9 ofof 1020
4. It is seen from the report that there are certain deficiencies noted stating that complete survey as required has not been conducted. It is also mentioned in the report that out of 2,25,50 Acres of total lake area, only 34.24% of lake has been declared as Kolleru Wildlife Sanctuary. It is also mentioned that to understand the dynamics of this wetland ecosystem and various factors responsible for the degradation of water quality of the lake, a comprehensive scientific study is essential, which needs to be conducted through subject experts in the field of wetland/lake management by Page 18 of 20 involving all the stakeholders working in Kolleru Lake Basin to manage the Kolleru Lake/wetland holistically.
5. It is also seen from the report that due to usage of organophosphate chemical pesticides, some amount of organic chemicals were also found in the lake and the drinking water. The Agriculture Department is also expected to file a detailed report as to how this will have to be rectified by them by educating farmers and also restricting the use of such chemicals in agricultural activities in the area. They are also directed to file an independent report in this aspect before this Tribunal.
6. The State of Andhra Pradesh is directed to conduct a comprehensive scientific study as suggested by the Principal Chief Conservator of Forest as well in order to protect the water body and remove the encroachments and hand over the entire area to the Forest Department, so as to maintain the lake area in the wildlife sanctuary in an effective manner and also pollution free.
7. The learned counsel appearing for the District Collector - Krishna District as well as the Andhra Pradesh Pollution Control Board wanted some time to file their independent reports regarding these aspects.
8. They are directed to submit the respective reports to this Tribunal on or before 10.02.2022 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 19 of 209. The Registry is directed to communicate this order to the official respondents including the Principal Secretary for Agriculture, State of Andhra Pradesh and also the Chief Secretary, State of Andhra Pradesh by e-
mail for their information and compliance of the direction in respect of the study to be conducted as suggested by the Principal Chief Conservator of Forest to save the wildlife sanctuary as well as the lake against pollution, in view of the international importance of Kolleru Lake which was already declared as a wetland under the Ramsar Convention.
10. For consideration of further reports, post on 10.02.2022.
Sd/-
.........................................J.M. (Justice K. Ramakrishnan) Sd/-
......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.259/2020 (SZ) & O.A. No.02/2021 (SZ) 03rd January, 2022. Mn.
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