National Green Tribunal
Sri Sunkara Swamy Naidu Welfare ... vs State Of Andhra Pradesh on 15 December, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 89 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Sri Sunkara Swamy Naidu
Welfare Organisation, Rep. by its President,
Sunkara Karthik, 4-5-6, K Junction, Pillaraya Street,
Yanam - 533 464.
....Applicant(s)
Versus
The State of Andhra Pradesh,
Rep. by its Chief Secretary,
Secretariat, Room No.101, Ground Floor,
Penumaka - Amaravathi Road,
Velagapudi, 4th Block,
Andhra Pradesh and Ors.
....Respondent(s)
Date of hearing: 15.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. R. Hari Krishnan represented
Mr. Govind Chandrasekhar.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R3 & R4.
Mrs. Usha, AGP for R2.
ORDER
1. As per order dated 10.11.2021, this Tribunal had considered the earlier order passed on 30.06.2020 which was extracted in Para (1) of the order and also considered the action taken report submitted by the District Page 1 of 5 Collector, East Godavari District dated 09.11.2021 which was extracted in Para (3) of the order and then, passed the following order:-
"4. In the action taken report, they have admitted that there are certain encroachments in the form of buildings as well as cultivation activities by planting coconut trees etc. They also mentioned that they are taking steps to remove the hyacinth which is clogging the flow of the drain so as to make it uninterrupted. But, they have not mentioned anything about the removal of encroachment by way of buildings. Merely because construction was made long ago, if it is done unauthorizedly encroaching into the Nallah, the trespasser is not entitled to get any protection and the Government is expected to take proper action including rehabilitation of those persons from that area, if it is necessary, as restoration of Nallah and water bodies are the primary responsibility of the State Government which play a great role in protecting the environment as has been contemplated under Article 48 A of the Constitution of India and also reiterated by the Hon'ble Apex Court as well as various Hon'ble High Courts including the Hon'ble High Court of Andhra Pradesh and this Tribunal. No one is entitled to encroach into the Nallah and make construction and that will not prescribe any right to enjoy the illegal construction made by them. Since they are not party to the proceedings, we are not passing any comments regarding the act committed by the alleged violators. It is for the regulators to issue notice to such violators and to consider their objections and to pass appropriate orders in accordance with law, so that the party can approach the appropriate forum, if they are aggrieved by the order.
5. When this was pointed out, the learned counsel appearing for the State of Andhra Pradesh submitted that they will come with a detailed action taken report from their side to protect the Nallah.
6. The respective officials are also directed to file their further action taken report on or before 15.12.2021 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.
7. The Registry is directed to communicate this order to the official respondents, Chief Secretary for State of Andhra Pradesh and Union Territory of Puducherry and also to the respective District Collectors of Puducherry and Andhra Pradesh by e-mail immediately for their information and compliance of the direction."
2. The case was posted to today for consideration of further action taken report.
3. The Regional Administrator - cum - Deputy Collector (Revenue), Yanam has filed the compliance report dated 06.10.2021, e-filed on 09.12.2021 and received on 13.12.2021 which reads as follows:-
"COMPLIANCE REPORT SUBMITTED BY THE REGIONAL ADMINISTRATOR -Cum- DEPUTY COLLECTOR (REVENUE), YANAM ON BEHALF GOVERNMENT OF PUDUCHERRY Page 2 of 5 I, Aman Sharma S/o Shiv Kumar Sharma aged 32 years, presently working as Regional Administrator -cum-Deputy Collector (Revenue), Yanam, do hereby solemnly and sincerely affirm and state as follows;
2. I humbly submit to state that as per the revenue records, the drainage channel (Nallah) under consideration runs for length of 249.8 metres in Yanam region is located at T.S.No.C/7/1 of Kanakalapeta Revenue Village with remarks as "ODAI", of Union Territory of Puducherry with its width varying between 21 Metres at starting point and 41.6 Metres at its ending point in Yanam region after which it continues in the state of Andhra Pradesh.
3. However, as pointed out by Joint Committee appointed by the Hon'ble National Green Tribunal to submit the state on ground report with reference to the Nallah, the present width of the Nallah has been reduced compared to its original extent as per revenue record. It is pertinent to point out here that in the year 1996 free land sites (LGR pattas) were granted to poor landless families in portion of the land falling within the limits of Nallah when Yanam region was hit by historic super cyclone that made many people houseless and caused huge life loss. Also to provide necessary easement right to patta holders and agricultural land besides the drainage channel, a portion of the land within the Nallah limits has been utilized for constructing public pathway.
4. These LGR Pattas issued around 25 years ago and subsequent constructions have led to reduction in effective width of the drainage channel. But, it is humbly submitted that no LGR pattas have been issued recently in said drainage channel/waterbody and it is also assured that, no further LGR pattas will be Issued in lands recorded as waterbody/waterway as ordered by the Hon'ble National Green Tribunal.
5. This respondent is also initiating process of conducting detailed survey of the said Nallah to identify all the encroachments beyond to LGR pattas issued during the year 1996.Based upon outcome of survey, it Is hereby assured that all the identified encroachments beyond limits of LGR pattas duly issued will be removed on priority.
6. It is hereby humbly submitted that the present active extent of Nallah h a s a l r e a d y b e e n p r o v i d e d w i t h c o n c r e t e b u n d s b y P u b l i c W o r k s Department, Yanam. It is further assured that soon after completing of encroachment removal exercise, the bund construction with reference to increased width of the Nallah will be taken up in co-ordination with the state of Andhra Pradesh as directed by National Green Tribunal.
7. Further, it is humbly submitted that, there is no history of flooding in the surrounding area of the Nallah during recent past within the limits of Yanam region. To ensure uninterrupted and free flow of storm and drain water through this channel, de-silting activity has been carried out routinely by Public Works Department,Yanam. As a part Page 3 of 5 of pre-monsoon preparatory works, the channel was desilted last year also which has been already pointed out by Joint Committee appointed by Honourable National Green Tribunal. This year also e-tender has been called vide e-tender Notice No.91/PW/EE/DB/YNM/2021-22 dated.03.06.2021 and desilting work has been completed.
8. It is further submitted that to keep channel free from clogging due to garbage, rags, plastic etc, solid waste management services in near vicinity of channel including entire Yanam region is being steamlined through Yanam Municipality. In this regard, e-tender has already been floated for developing Integrated Solid Waste Management project in Yanam region by Puducherry Urban Development Agency. On finalizing of this e-tender , door to door collection of solid waste along with its final disposal will get further steam lined thereby greatly reducing dumping of waste inside the Nallah under consideration by residents of nearby vicinity.
9. I n t he last, it i s once again humb ly submi tted that the actions proposed above shall enable this respondent to comply with all the directions issued by the Hon'ble National Green Tribunal with regard to restoration of Nallah under consideration. It is also assured that outmost care shall be exercised to ensure no more encroachments are permitted in areas recorded as water body/water channel in Revenue records, in the future."
4. Though it was mentioned in the report that they will be conducting a detailed survey and if any encroachment is found beyond the LGR extent, they will be taking appropriate action in respect of the same, but no such action taken report has been filed. When this was pointed out, the learned Additional Government Pleader appearing for the Union Territory of Puducherry submitted that if time is granted, they may be able to file the report, as they have conducted the survey and it was found that there was encroachment beyond the patta lands granted in the Nallah.
5. The learned counsel appearing for the State of Andhra Pradesh submitted that they want some time to file a detailed action taken report.
6. The respective authorities are directed to submit the further action taken report to this Tribunal on or before 17.01.2022 by e-filing in the form of Page 4 of 5 Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 19.01.2022 for hearing.
7. The Registry is directed to communicate this order to the official respondents by e-mail immediately for their information and compliance of the direction.
8. For consideration of further action taken report, post on 19.01.2022.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
.......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.89/2020 (SZ), 15th December, 2021. Mn.
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