National Green Tribunal
Pohra Bachav Samiti vs Amravati Municipal Corporation on 22 May, 2023
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.91 OF 2019 (WZ)
Pohra Bachav Samiti .... Applicant
Versus
Amravati Municipal Corporation & Ors. ....Respondents
Date of Hearing : 22.05.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Ms. Itisha Awasthi, Advocate
Respondents : Mr. D.M. Kale, Advocate for R-1
Mr. Mukesh Verma, Advocate for R-2
ORDER
1. By our previous order dated 29.03.2023, we had directed the Joint Committee to assess the impact on ecology/Eco-system by the construction activity, which is alleged to have been made/being made by respondent No.1 on Chatri Talao and to suggest corrective/remedial measures, but the learned counsel for respondent No.2 - Maharashtra State Wetland Authority submits that they do not have expertise to assess the impact on ecology/eco-system, for which it is stated by him that an e-mail has been sent to us requesting therein that some assistance may be permitted to be taken from expert body like NEERI/IIT in this regard. But we find that by Govt. Resolution dated 06.02.2018, the State of Maharashtra has constituted a 21 Member Maharashtra State Wetland Authority, out of whom, Dr. Bharat Bhushan, from YASHADA, Pune, Prof. Dr. Krishnan Narayanan from IIT, Mumbai, Director, Central Institute of Fisheries Education, versova, Mumbai and [NPJ] Page 1 of 5 Dr. Ritesh Kumar from Wetland International South Asia appear to be experts in this regard. We failed to understand why the assistance from these authorities/experts has not been taken. Respondent No.2 shall explain in this regard by the next date, failing which we will be compelled to direct the Director of Maharashtra State Wetland Authority to remain present personally before us.
2. We have also received subsequently a letter dated 19.05.2023, which is written by learned counsel for respondent No.2 - Wetland Authority to the Registrar of this Tribunal, wherein it is requested that for the purpose for which the Joint Committee has been constituted, to achieve the same, assistance should be permitted to be taken from a technical institute like NEERI/IIT. We permit the Nodal Agency i.e. Wetland Authority to take assistance of the institute like NEERI or IIT, if they so wish at their own cost, but we expect by the next date that the Joint Committee report shall definitely be submitted before us. We further direct that whenever the Committee visits the spot, advance notice of date of that visit shall be served on the applicant and respondent No.1 as well so that the place where the said construction is going on may be pointed out.
3. Respondent No.2 i.e. State Wetland Authority has filed an affidavit dated 03.05.2023, wherein it is stated that the Ministry of Environment, Forest and Climate Change (MoEF&CC), through Space Application Centre, Ahmedabad, had published Wetland Atlas for Maharashtra in January, 2010 wherein 44,714 number of sites were identified as wetlands out of which 23,046 number of sites are having area more than 2.25 ha. Chaatri Talao was marked as wetland in the said Atlas (Wetland Code number 16959) as per Wetland Rules, 2010. The said Rules have now been superseded by the Rules of 2017, resultantly approximately 23,055 sites out of 44,714 having more than 2.5 ha area are identified in [NPJ] Page 2 of 5 National Wetland Atlas, in the State of Maharashtra. The State of Maharashtra has also prepared a mobile app i.e. "Wetlands of Maharashtra" for ground truthing and compilation of data for preparation of brief documents. According to the Wetland (Conservation and Management) Rules, 2017, the information submitted by the Collector office, Amravati, Chhatri lake does not fall into the wetlands. It appears that this statement is contradictory because on one hand, in paragraph No.III of the affidavit, Chhatri Talao is said to have been added in wetland being allotted Wetland Code number as 16959, while in paragraph No.VI, same is being said to be not falling in wetland. The only difference being stated is that as earlier Chhatri Talao was marked as wetland as per the Rules of 2010, and under Rules of 2017, the same does not fall into wetlands. We do not find any bigger difference in the definition clause. We direct the learned counsel for respondent No.2 to file an affidavit in this regard.
4. As per para 7 (l) of the Wetlands (Conservation and Management) rules, 2017, brief document for each wetland, following data is required to be collected, which is mentioned in sub-clauses (a) to (g) and only after the information is compiled, the brief document would be possible to be prepared for each of the wetland. Sub-clauses (a) to (g) are as follows:
"(a) demarcation of wetland boundary supported by accurate digital maps with coordinates and validated by ground truthing;
(b) demarcation of its zone of influence and land use and land cover thereof indicated in a digital map;
(c) ecological character description;
(d) account of pre-existing rights and privileges;
(e) list of site-specific activities to be permitted within the wetland
and its zone of influence;
(f) list of site specific activities to be regulated within the wetland
and its zone of influence; and
[NPJ] Page 3 of 5
(g) modalities for enforcement of regulation."
5. Since it is to be identified as to still Chhatri Talao is a wetland and until it is determined that it is a wetland, the above information needs to be gathered. It is further mentioned that the constitutional validity of the Rules of 2017 has been challenged and the same is pending before the Hon'ble Supreme Court of India.
6. From the side of applicant, rejoinder dated 20.05.2023 has been filed against the affidavit filed by respondent No.2. Deletion of Chhatri Talao from the list of wetlands on the mobile application by respondent No. 2 is contrary to the Rules of 2017 as well as of the order dated 08.02.2017 passed by the Hon'ble Apex Court in M.K. Balakrishnan Vs. Union of India. The learned counsel for the applicant has pointed out as to why the deletion of Chhatri Talao from the list of wetlands is violation of the order of the Hon'ble Apex Court by drawing our attention to the order dated 08.02.2017 passed by the Apex Court. In the said judgment, it is quoted at pages 216 and 217 of the paper-book, wherein paragraph No.23 is quoted hereinunder:
"Accordingly, we direct the application of the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010 to these 2,01,503 wetlands that have been mapped by the Union of India. The Union of India will identify and inventorize all these 2,01,503 wetlands with the assistance of the State Governments and will also communicate our order to the State Governments which will also bind the State Governments to the effect that these identified 2,01,503 wetlands are subject to the principles of Rule 4 of the Wetlands (Conservation and Management) Rules, 2010."
7. Thereafter, the learned counsel for the applicant has drawn our attention the order dated 04.10.2017 passed by the Hon'ble Apex Court in the same petition, wherein following has been observed:
"We have been informed that the Wetland Rules have since been notified and they are now called the Wetlands (Conservation and Management) Rules, 2017. These Rules have come into force on the [NPJ] Page 4 of 5 date of publication in the official gazette, that is, 26th September, 2017.
We make it clear and reiterate that in terms of our order dated 8 th February, 2017, 2,01,504 wetlands that have been mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation and Management) Rules, 2010."
8. Having cited above, it is stated by the learned counsel that the above orders of the Hon'ble Apex Court make it absolutely clear that Chhatri Talao, which was identified as one of the wetlands under Rules, 2010, will continue because no further modification in this regard has been done by the Hon'ble Apex Court. In view of that, how the Chhatri Talao can be deleted from the list of wetlands in the mobile application, which has been launched by respondent No.3, is not understandable.
9. We direct the learned counsel for respondent No.2 - Wetland Authority to submit clarification in this regard by the next date positively.
10. We expect that the Joint Committee will complete the exercise within one month and submit its report thereafter.
10. From the side of respondent No.1 - Amravati Municipal Corporation, learned counsel Mr. D.M. Kale has appeared.
11. Put up this matter for next consideration on 29.08.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM May 22, 2023 O.A. No. 91/2019 (WZ) Npj [NPJ] Page 5 of 5