National Green Tribunal
Tribunal On Its Own Motion Under The ... vs The Principal Secretary To Govt. Of ... on 22 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 163 of 2021 (SZ)
IN THE MATTER OF
Tribunal on its own motion
Suo Motu based on the news item published in
Telugu Eenadu Newspaper, Telangana Edition
Dt.13.07.2021 "Indiscriminate encroachment of Tanks and
Ponds in Hyderabad Corporation and other municipalities"
With
The Principal Secretary to Govt. of Telangana,
Department of Revenue and Ors.
....Respondent(s)
Date of hearing: 22.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant (s): Suo Motu by Court.
For Respondent(s): Mrs. H. Yasmeen Ali for R1 to R6.
Mr. D. Sreenivasan for R7.
Mr. T. Sai Krishnan through
Ms. J. Dayana for R8 & R9.
Page 1 of 34
ORDER
1. As per order dated 15.11.2021, this Tribunal had considered the report submitted by Respondents No.8 & 9 dated 23.08.2021, e-filed on 28.08.2021 and extracted in Para (3) of the order and then, passed the following order:-
"4. The report submitted is only of general in nature. They have not addressed the specific issues that have been raised in the newspaper report and as the regarding authorities, what are the actions taken in this regard by them. Respondents 8 and 9 are also directed to file detailed action, if any, taken for their side in this regard.
5. The learned counsel appearing for the State of Telangana submitted that they are conducting a survey and if the Survey is completed, they may be able to come with the detailed report regarding the nature of encroachment and the action taken by the regulators in this regard.
6. The respective departments are directed to file their independent statement apart from filing the report of the committee which has been constituted for this purpose by the State of Telangana on the basis of the newspaper report on or before 23.12.2021, 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 and also to the Chief Secretary, State of Telangana for their information and for submission of report as directed."
2. The case was originally posted to 23.12.2021 for completion of pleadings and consideration of report. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 21.02.2022.
Page 2 of 343. Respondents No. 8 & 9 have filed a report dated 21.12.2021, e-filed on 25.01.2022 which reads as follows:-
"Report of LPC, HMDA (8th & 9th Respondents) in Compliance to the Hon'ble NGT order dated 15/11/2021 in O.A.No.163 of 2021 It is to submit that the Hon'ble NGT has issued order Dated 15/11/2021 in O.A No.163/2021 stating that the report submitted by the LPC,HMDA is only of general in nature and not addressed the specific issues that have been raised in the newspaper report and as the regulatory authority, what are the action take in this regard and directed to file detailed action if any, taken in this regard by 23/12/2021.
In this connection it is to submit that in the Newspaper, it is highlighted encroachment in water bodies and its conversion is a major environment issue.
The Water bodies mentioned in the Newspaper are detailed below
1) Lake in Boduppal In the Newspaper it is mentioned that due to encroachment tank area decreased. It is to submit that the LPC, HMDA is not having control of this lake. The regulatory authority of this lake is the Greater Hyderabad Municipal Coorporation (GHMC).
2) Kota Cheruvu in Warangal In the Newspaper it is mentioned about Encroachment of Kota Cheruvu in Warangal dist.. It is to submit that the LPC, HMDA is not having control of this lake. The regulatory authority of this lake is the District administration, Warangal District.
3) Lake in Choutuppal, Yadadri Dist.
In the Newspaper it is mentioned MPP building constructed in Tank FTL area in Yadadri District. It is to submit that the Choutuppal area comes under HMDA jurisdiction. The District administration, Yadadri - Bhongir Dist. will be addressed for taking necessary action and to submit action taken report in this regard.
4) Lake in Nagarkurnool In the Newspaper it is mentioned that inside the tank bed illegal constructions were done. It is to submit that the LPC, HMDA is not having Page 3 of 34 control of this lake. The regulatory authority of this lake is the District Administraion, Nagarkurnool District.
5) Constructions in Irrigation channels in Manchiral Dist. In the Newspaper it is mentioned that Constructions were done in Irrigation Channels. It is to submit that the LPC, HMDA is not having control of this Irrigation Channel. The regulatory authority of this channel is the District Administraion, Mancherial District.
It is to submit that HMDA is having jurisdiction spreads only in seven districts, Viz., Hyderabad, Ranga Reddy, Medchal-Malkagjiri, Medak, Sangareddy, Siddipet, Yadadri-Bhongir. Whenever any complaint of any kind on water bodies is received, they are being addressed to the concerned District Collectors/GHMC/Local authorities of Irrigation Department for taking immediate necessary action to protect the water body."
4. The 2nd Respondent/Special Chief Secretary to Government, Irrigation & CAD Department, Hyderabad filed an interim report dated 03.02.2022, e-filed on 18.02.2022 which reads as follows:-
"INTERIM REPORT BY THE 2nd RESPONDENT i.e. SPECIAL CHIEF SECRETARY TO GOVERNMENT, IRRIGATION & CAD DEPARTMENT Detailed report on the News item published in Telugu Eenadu Newspaper, Telangana Edition Dated 13.07.2021 under the caption "Indiscriminate Encroachment of Tanks and pond in Hyderabad Corporation and other Municipalities" in O.A.No.163/2021.
I. (1).The detailed report on tanks in Boduppal Village in Medchal Malkajgiri District:
There are four (4) Tanks in the Boduppal village vicinity, Medipally mandal, Medchal Malkajgiri District, Telangana.
I. Suddakunta II. Rah Cheruvu Page 4 of 34 III. Almas Kunta IV. Nalla Cheruvu
a) The problem of large scale Encroachments in water bodies has been highlighted especially in the Urban areas.
b) In view of the above facts, the Government has instructed to take up the FTL boundary surveys for the tanks in HMDA area.
The HMDA has concluded agreement with M/s Arvee Associates and Consultants for taking up the FTL survey and fixing the FTL boundaries of lakes in HMDA area (including GHMC area), preparation of FTL boundary maps.
c) Therefore, the FTL boundary surveys of above tanks have been completed in the presence of Irrigation and Revenue Officials and the same are certified by the concerned departments. All the tanks are preliminary notified by the HMDA authorities and placed in HMDA website for general public domain. The final notification proposals are also submitted to HMDA and the same are yet to be notified by the HMDA. (FTL maps enclosed).
d) In view of the above it is to submit that, there are some encroachments exists within FTL and buffer zones before FTL demarcation of lakes and the same were mentioned in the FTL boundary maps, which are preliminary notified by the HMDA authorities.
e) All the above tanks are Geo tagged and Geo coordinates of FTL boundary are mentioned in the respective FTL boundary maps.
f) During the routine site inspection of field Engineers, if any new encroachments/dumping of debris observed in FTL and buffer zones, the same are informed to the concerned revenue authorities and local urban civic bodies (GHMC and other Municipalities) time to time for removal of Encroachments as per 1357 fasli Act and G.O.No.168, Dt.07.04.2012.
Further, the FIR's are being filed in concern Police Stations by the concerned officials and also correspondence are made with Revenue Department.
(2).Pocharam Village, Ghatkesar Mandal, Medchal - Malkajgiri District
a) It is to submit that, the News item published in Telugu Eenadu Newspaper, Telangana Edition dt:13.07.2021 regarding Vaduloni Page 5 of 34 Kunta, located in Sy.No 10 and 13 of Pocharam Village, Ghatkesar Mandal, Medchal - Malkajgiri District. The land in the Sy.No.10 and 13 is classified as "Patta Land" as per oldest available pahani for the year 1960-61 and in the latest pahani as per issued clarification, and recorded in the name of M.Venkatamma, M.Ravinder Reddy, Y.Sabitha, M. Vidya Sagar, M.Latha@Aparna and M.Narendar Reddy as pattadar & possessor.
b) Further, Sri.M.Ravinder Reddy has applied for Clarification regarding the Water Body in the above Sy.No10 and 13. In this regard the official of Irrigation Department along with Revenue Department conducted on 23-08-2019 .Accordingly, the location sketch was prepared by the concerned Mandal surveyor by locating the water body duly fixing the FTL of Vaduloni Kunta which is situated in sy.no.10.
c) Further, the Vaduloni Kunta lake is a restored tank and being maintained by Irrigation Department. As there are no memoirs for this tank, Irrigation Department has fixed the Full Tank Level (FTL) by conducting FTL survey on 23-08-2019 and fixed the area covered under FullTank Level (FTL) as Ac 02-18 Gts (as per earlier given clarification of water body)in sy.no.10 of Pocharam Village, Ghatkesar Mandal, with a Buffer Zone of 9m (asthe water spread area is less than 25 Acres vide GO.No.168(MA&UD) on 07-04-2021) and also clearly demarcated on the ground.
d) Further, an extent of Ac 02-04 Gts (out of total FTL area or Ac 02 18 (Gts) are falling in the area covered under Full Tank Level (FTL) of Tank and an extent of Ac 00-30 Gts (out of Ac 01-10Gts total buffer zone including bund buffer) are falling in Buffer Zone in the Sy.No 10/p of Sri.M.Ravinder Reddy. A clarification has been given by the Irrigation Department to the balance land of an extent Ac 17-06 Gts out of total extent of land 20 Ac.02 Gts (free from water body and its buffer zone). It indicates that the Irrigation Department has issued the clarification to Sri.M.Raviuder Reddy, duly deducting the area covered in the FTL and its Buffer Zone along with the following terms and conditions (Duly taking undertaking from Sri.M.Ravinder Reddy on 100/- INDIA NON JUDICAL BOND.
i. There should not be any kind of construction in tank vicinity/ FTL/MFL/Buffer Zone portion and the Buffer Zone area is clearly Page 6 of 34 demarcated in the Revenue Sketch map submitted by the mandal surveyor & the Tahasildar of Ghatkesar(M) Medchal --Malkajgiri District.
ii. Applicant has to provide access to the Surplus Water of the tank out and join the stream water Channel present adjacent to the applicant's land in the Survey Nos. 10/P & 13/P, situated at Pocharam Village, Ghatkesar Mandal, Medchal-Malkajgiri Districtby constructing Box Culvert and also the applicant has to restore the Breached bund to its original condition.
iii. The natural flow in the catchment area through the applicant land in the above Survey Nos. should not be obstructed or deviated or utilized for anypurpose and open drain- should be constructed to required size with sufficient vents for the catchment flow into the Tank/Kunta/Nala/Channel/storm water drain.
iv. There should not be any kind of dumping (or) throwing of Garbage (or) any kind of material into the Tank/ Kunta/ Nala/ Channel/ storm water drain.
v. Any kind of sewerage (or) any kind of effluents should not be allowed to let into the Tank/Kunta/Nala/Channel/storm water drain.
vi. No construction is allowed in FTL/MFL area and Buffer zone areas has to be left for Greenery only.
vii. The officials of the Irrigation & CAD Department or any Government representatives will have the right to inspect the free natural flow through applicant in the Survey Nos. 10/P & 13/P, situated at Pocharam Village, Ghatkesar Mandal, Medchal-Malkajgiri District and there should not be any restrictions or obstructions for their entry for inspection.
viii. Any objection by the higher authorities of the Irrigation Department for conversion of applicant land to residential/commercial use zone is liable for cancellation of permission without any prior notice and no compensation or reimbursement of cost and no maintenance due to above permission will be paid by the I & CAD Department/ Government for any reasons what so ever.
ix. For any construction/layout in the survey no., the applicant should follow the term and conditions laid down in G.O.Ms.No.168, dt:07.04.2012 of MA & UD Department and G.O.Ms.No.7 dt:05.01.2021, Page 7 of 34 of MA & UD Department and other related G.O's ., scrupulously and as per the guidelines issued by the Erstwhile Chief Engineer, Minor Irrigation.
x. Any violation of any condition laid above will instantly tend for cancellation of permission issued to the applicant without any prior intimation or notice.
xi. Further, the rainfall of 25.40 cm has received in Sy.No 10 and 13 of Pocharam Village, Ghatkesar Mandal, Medchal - Malkajgiri District and also received the maximum flood to this tank and tank surpluses.
e) Further, the site was inspected on 07.09.2021 by the official of I&CAD Department and verified that the area of Full Tank Level(FTL) and observed no deviation. It is also observed that RCC pipe of Dia 100mm is arranged at the inlet of the tank and a natural by wash weir (outlet left across the bund by Sri M Ravinder Reddy) is on Right flank of Tank II. (1).Oora Cheru, Choutuppal(V&M), Yadadri Bhuvanagiri District:
Encroachment of Oora cheru , choutuppal(V&M), Yadadri Bhuvanagiri District as per Eenadu clipping Dt. 13.07.2021 & Lr.No. G1 /328/2021/22/ Dt.14.07.2021, it is to inform that the 1)MPDO Office, Chotutppal 2) Tahsildar office, Choutupppal 3) RDO Office, Choutuppal 4) Mother Diary Milk center ,Choutuppal 5) TTD Kalyana Mandapam, Chotuuppal 6)Ayyappa Swamy Temple , Chotuppal 7) A.C.C Shed are in Full Tank Level of Oora cheruvu Chotuppal (V&M), Yadadri Bhuvanagiri district falls under Full Tank Level (FTL) limits of Erra Kunta, Choutuppal (V& M).
(2).Erra kunta, Choutuppal(V&M), Yadari Bhuvnagiri District:
The Erra Kunta submergence is encroached and constructed below cited building submerged area 1) the office of Assistant Engineer, TSSPDCL, Choutuppal Mandal 2) 33KV Substation.
Further, the Executive Engineer, Division 12, Choutuppal had served notices to vacate the above offices which falls under Full Tank Level (FTL) limits of Erra Kunta, Choutuppal (V&M) vide Lr.No.DEE/IBSD/Choutuppal/2020-21/ 272,Dt.03.11.2020 Presently the buildings except RDO Office, Choutuppal and office of Assistant Engineer, TSSPDCL Choutuppal Mandal and 33KV Substation were vacated from the FTL due to Heavy rains occurred on 15-07-2021.Page 8 of 34
The concerned officials are pursuing the matter with higher authorities to obtain necessary permission from the competent authorities to clear the submergence area. Also submit that the encroached buildings will be dismantled after obtaining permission from the competent authority.
III. Sadashivapalli, Arepally, Sitharampur of Karimnagar District
a) The District Collector, Karimnagar has conducted review meeting with concerned officials regarding protection of SRSP/Irrigation Tanks/FTL's and Government lands falling in Municipal Area in Karimnagar District and instructed to identify encroachments.
b) Further, District Collector directed to carry out the following:
1.Fixing of FTL for all tanks through boundary stones, Geo Tagging of the boundaries and prepare sketch maps of the same.
2.Conduct survey of Nalas as per Revenue Village maps and identify encroachments, if any, and prepare sketch maps duly showing the encroachment along with its extent and survey nos.
3.Conduct Survey of all Government lands in the Format given.
c) Accordingly, Team was constituted with the concerned Department officials i.e Municipal Corporation, Revenue Department and Irrigation Department to Identify the Encroachments and fixation of FTL (Full Tank Level) to restore the Water bodies and the survey is under progress.
d) Further, the tanks of Sadashivapalli, Arepally, Sitharampur of Karimnagar Municipality limits which were mentioned in the News item published in Telugu Eenadu paper, Telangana, dated: 13.07.2021 and the same was communicated by the Municipal Commissioner, Karimnagar in the Proc. No. GI/5204/2020, dt.23.08.2021 for verification and to identify the encroachments. In this regard, the survey of FTL encroachment identification work is in progress and boundary pillars for the FTL boundaries will be fixed duly removing the encroachments if any, after completion of survey works.
IV.(1).Lakaram tank in Khammam District:
The Lakaram Tank situated in Khammam Town consists of Shikam land of Ac. 163-15Gts. covering an extent of Ac. 129-04 Gts. in Sy.No.234 and an extent of Ac.34-11 Gts. in Sy.No.66. Three decades back, it was a good source of irrigation with a registered ayacut of 126 Acres. Due to the Page 9 of 34 rapid urbanization of Khammam town, the ayacut under the tank was converted as residential plots and houses.
In the year 2014 -15, in order to restore the tanks, the Government of Telangana introduced the Mission Kakatiya Scheme in which the Lakaram tank was taken up for restoration. During the execution of work, about 150 temporary houses were demolished with the help of Revenue Department which were constructed by illegal encroachment of the Bund of the Lakaram tank and also acquired the major portion of encroached land from M/s Sequel Resorts. Later, at various stages, the tank was developed as Lakaram Mini Tank Bund and now serving as a tourism and recreational zone for the people of Khammam Town.
Earlier, in the year 2010,as per the instructions of the Collector & District Magistrate, Khammam, the Joint Collector, Khammam inspected the tank bed area of the Lakaram Tank in Sy.No.234 of Khanapuram Haveli of Khammam on 03.06.2010 and instructed the Revenue Divisional Officer, Khammam and Assistant Director, Survey & Land Records, Khammam to conduct a joint survey along with the line departments and also instructed the Tahsildar, Khammam Urban to issue notices to the encroachers and evict them immediately and to protect the tank bed land from further encroachments.
The Assistant Director, Survey & Land Records, Khammam has submitted a detailed report on the encroachments in Sy. No:234 and Sy.No:66 of Lakaram Shikam land on 24.06.2010. Some of the encroachers filed a Writ Petition Nos. 24084 of 2015 and 18324 of 2015 in the Hon'ble High Court. In turn, the Hon'ble High Court issued stay orders for evicting them and issued interim direction to the respondent not to interfere with the above houses and plots without following due process of law until further orders.
The details of Encroachments of Lakaram Tank:
1.Total Extent of Tank: Ac163-15Gts.
2.Total No of Illegal Encroachments:26Nos.
3. Total Extent of Land under Encroachment:
23906Sq.Yds/4.93Ac.
4.Total extent allotted to RWS Summer Storage Tank:30Ac (2) Peddacheruvu, Dhamsalapuram, Khammam:Page 10 of 34
The Pedda Cheruvu, Dhamsalapuram Village situated in Sy.No.178 consist of Shikam land of Ac. 128-14Gts. The Full Tank Level (F.T.L.) survey has been conducted for the tank by the Irrigation Department along with Municipal officials and Revenue officials and demarcated the tank boundaries to protect the tank from encroachments. As per the instructions of the Collector, Khammam District, an amount of Rs.10.00 Lakhs was sanctioned by the Commissioner,KMC in February, 2021 for the construction of the boundary pillars and the work is yet to be commenced.
The details of Encroachments of Pedda Cheruvu, Dhamsalapuram
1. Total Extent of Tank: Ac128-14Gts.
2. Total No of Illegal Encroachments: NIL.
3.Total Extent of Land under Encroachment: NIL (3) Ooracheruvu, Khanapuram, Khammam:
The Oora Cheruvu, Khanapuram situated in the Sy.No.13 consist of Shikam land of Ac.75-23 Gts. On 06.07.2021, during regular inspection of tanks, the field staff has identified an un authorized laying of approach road to the nearby lay-out within the Shikam land of the tank. The Irrigation officials have lodged a police complaint against the illegal encroachers. Subsequently, the Irrigation Officials along with Municipal and Revenue officials have removed the approach road and restored the Minor Irrigation tank to its original state. The Full Tank Level (F.T.L.) survey has been conducted for the above tank by the Irrigation Department along with Municipal officials and Revenue officials and demarcated the tank boundaries from encroachments.
Also, as per the instructions of the Collector, Khammam District, an amount of Rs.10.00 Lakhs was sanctioned by the Commissioner, KMC in February for the construction of the boundary pillars and the work is yet to be started.
On instructions of "Task Force committee" formed in 09-07-2021, Irrigation officials have taken up survey for identification of un-authorized structures constructed with in the F.T.L (Full Tank Level) and Buffer zone (30 meters from the F.T.L. of tank) and identified 35 Nos. of structures and notices have been issued to all the residents of the identified structures. The Page 11 of 34 same has been reported to the Revenue authorities and Municipal authorities for taking further necessary action.
The details of unauthorized structures of Oora Cheruvu, Khanapuram:
1.Total Extent of Tank: Ac75-23Gts.
2.Total No of unauthorized Structures:35 Nos.
3.Total Extent of un authorized Structures: Appx 7400Sq.yds/ 1.50Acres.
(4) Pedda Cheruvu, Velugumatla, Khammam:
The Pedda Cheruvu, Velugumatla Village, situated in the Sy.No:565, consist of Shikam land of Ac. 164-22Gts.The Full Tank Level (F.T.L.) survey has been conducted for the above tank by the Irrigation Department along with Municipal officials and Revenue officials and demarcated the tank boundaries to protect from encroachments. As per the instructions of the Collector, Khammam District, and Municipal Commissioner, KMC, an estimate has been prepared by the Irrigation Department for an amount of Rs.10.00 Lakhs and submitted to the Municipal Commissioner, KMC for administrative approval for construction of boundary pillars.
The details of Encroachments of PeddaCheruvu, Velugumatla:
1.Total Extent of Tank: Ac164-22Gts.
2.Total No of Illegal Encroachments: NIL.
3.Total Extent of Land under Encroachment: NIL.
(5) Nalla Cheruvu, Somavaram (V), Wyra Municipality:
The Nalla Cheruvu, Somavaram village, Wyra Mandal situated in the Sy.No.55 havingshikam land of Ac 183.19 Gts. The Full Tank Level (F.T.L.) has been conducted for the above tank by the Irrigation Department along with Revenue officials.
The details of Encroachments of Nalla Cheruvu, Somavaram:
1.Total Extent of Tank:Ac 183.19 Gts.
2.Total No of Illegal Encroachments: NIL.
3.Total Extent of Land under Encroachments: NIL.
(6) The details of Madhira and Sathupally Municipal limit tanks are as follow:
There are no encroachments in tabulated six M.I. tanks.Page 12 of 34
During, the meeting held by the Collector, Khammam District on 09.07.2021, a "Task Force committee" with conglomeration of Revenue, Irrigation, Municipal and Police Department headed by Additional Collector, Khammam District has been formed for identification of illegal encroachments with in water bodies i.e Canals, Tanks, Vagus, Nala etc. and also to take necessary action to evict such encroachments.
Accordingly, necessary instructions were issued to the sub ordinate officers for regularly monitoring of all the water bodies i.e., Canal, Tanks, Vagus, etc. and to report any type of illegal encroachments to the higher officers and initiate action against the encroachers by booking cases against the offenders in concerned Station Office immediately. They were also instructed to evict the encroachments immediately with the co-ordination of Revenue and Police officials.
V. Warangal & Hanamkonda District:
There are 390 Nos of tanks and water bodies in six Mandal's, under Warangal & Hanamkonda Districts, the details are as follows.Page 13 of 34
Further, there are 22 Nos of tanks in Geesukonda Mandal are under GWMC limits and 14 Nos of tanks in Parkal are under Parkal Municipality limits and there are no encroachments of tanks and nalas in GWMC limits and Damera, Nadikuda, Athmakur, Sangem and Geesukonda Mandal Villages. The surplus course and field channel of Damera cheruvu of Madaram (V) of Parkal Mandal in Parkal Municipal Limits is encroached due to urbanization and the surplus course of Damera Cheruvu was surveyed and demarcated by the Irrigation, Revenue, Municipal and Town planning Officers of Parkal Municipality to constitute a committee to remove the encroachment and widening the Nala boundary and field channel The details of encroachments of tanks covered under Warangal & Hanamkonda districts are as follows.
The details of encroachment in the FTL area in Nizam Cheruvu, Kambala Cheruvu, Gundla Cheruvu, Rambhadru Cheruvu, Bandam Cheruvu, KrishnaSwamy kunta. As per the records, it was found and noticed certain constructions in the FTL area of the said tanks.
VI. Mahaboobabad Dsitrict:
1. Nizam Cheruvu:
As per the Revenue records the Minor irrigation tank, Nizam Cheruvu situated in Mahbubabad (V&M) is having an ayacut of Ac 29.19 gts. In year 2011, the Irrigation Officials along with Revenue officials has fixed FTL and the encroachments, some of the individuals who have raised the structures in the FTL approached, the Hon'ble High Court of Andhra Page 14 of 34 Pradesh, Hyderabad covered by writ Petition 15095/2011 and got orders dated 20.06.2012 that "there shall be a direction to the respondents not to interfere with the possession of the petitioners over the subject land without following due process of law".
During the survey some of the encroachers have already constructed the houses and some others have raised their open plots in the tank bed duly filling the earth and the encroachers are strongly obstructing to enter in to the area by citing the court orders.
Further, the Hon'ble High Court of Judicature at Hyderabad for the Andhra Pradesh State and Telangana State in WP No. 15065 has directed the respondents to fix the FTL boundaries to the tank. The Tahsildar, Mahabubabad, the Mandal surveyor Mahabubabad, and Assistant Executive Engineer, Mahabubabad has fixed the FTL boundaries as per the survey report. Regarding the Constructions of houses in the FTL limits of Nizam Cheruvu, it was requested to the Municipal Commissioner, Mahabubabad to stop the constructions in order to safe guard the tank FTL lands.
2.Gundla Kunta:
Though the FTL was fixed up, the FTL area of Gundla kunta of Gummudur (V), Mahabubabad District was encroached. In this regard, it was requested to the Municipal Commissioner, Mahabubabad to stop the constructions for safe guard of tank FTL lands. Which is covered by Sy. No. 302 admeasuring an extent of Ac.9.27 gts.
3.Bandham Cheruvu:
The Bandham Cheruvu is situated in Mahabubabad (V&M) covered by Sy.No.307/1 admeasuring extent Ac.29.24 gts. The FTL was fixed up and found encroachments in the FTL area and requested the Municipal Commissioner, Mahabubabad to stop the constructions to safe guard the tank FTL lands.
4. Rambhadru Cheruvu:
The Rambhadru Cheruvu is situated in Gummudur(V), Mahabubabad town covered by Sy.No.23 admeasuring extent Ac.46.10 gts and requested the Municipal Commissioner, Mahabubabad to stop the constructions to safe guard the tank FTL lands.
5. Kambala Cheruvu:
Page 15 of 34The Kambala Cheruvu is situated in Mahabubabad (V&M) covered by Sy.No.442 admeasuring extent Ac.84.07 gts.
6.Krishna Swamy kunta:
As per the revenue records, the kunta is covered by patta land with sy. No. 552 admeasuring Ac.22.39 gts. The FTL will be fixed in coordination with Revenue officials.
Further, there are court cases pending in the High Court regarding encroachments in FTL lands by the encroachers and Hon'ble High Court orders are still awaited.
VII. Jangaon District:
1. Illegal construction at Budugu Kunta, Jangoan.
During the inspection in Monsoon Season-2020, it was noticed that burial ground was present in the tank. And the same was reported to District collector Jangon to instruct the Municipal Authorities, Jangaon to take necessary action.
2. Illegal construction in Dharmavani kunta:
During, the inspection of monsoon Season-2020, in irrigation tanks & throughout Jangon town, at Dharmavani kunta, FTL was fixed. In the FTL area, one building is constructed unauthorizedly, which was dismantled jointly by Irrigation/RDO/MRO and Municipal authorities as per instructions of the then District Collector, Jangaon.
3. Illegal Constructions in Kotha (Rangappa cheruvu) During the inspection of monsoon Season-2020, it was noticed that, there are 5 No.s of constructions were developed in Rangappa cheruvu (Kotha kunta) very long back & the Municipal authorities have given permissions to construct 3 out of 5 and two were not permitted. The structures are falling in buffer zone and the municipal authorities have not informed irrigation department and NOC was issued without Irrigation Department permission. The issue was brought to the notice of the then District Collector, Jangaon to instruct the Municipal authorities, Jangoan to take necessary action.
4. Illegal Constructions in Kummari kunta (Banda kunta) During the inspection of monsoon Season-2020, it was noticed that the forest department has encroached in the kunta land and developed forest Page 16 of 34 nursery. This is brought to the then District Collector to instruct the Tahsildar, Jangaon to demarcate the tank boundaries.
5. Illegal Constructions in Rangappa Cheruvu:
During, the inspection of monsoon Season-2020, it is noticed that there are some houses constructed in the FTL area and the notices were issued. The Municipal authorities were also requested not to give permissions in the FTL & buffer zone area for construction of houses without NOC from Irrigation department. This was brought to the notice of the then District collector, Jangaon to instruct the Municipal authorities Jangoan to take necessary action.
VIII. Nagarkurnool District:
Kesarisamudram tank The Collector and District Magistrate, Nagarkurnool filed Counter Affidavit on dt:07.10.2021, where in,it was requested that since the matter of O.A No.163/2021 already been dealt under O.A No.182/2020 before National Green Tribunal, South Zone, Chennai and to club the 0.A.163 of 2021 in 0.A No.182/2020.
Further, Vide ENC(G), Lr.ENC(G)/CE(I)DCE-IV/OT4/ AEE12/ MBNR/NCBC/2021, dated:13.02.2021, directed the Chief Engineer, Irrigation, Nagarkurnool and the Chief Engineer, Hyderabad (Formely CE, KB) to conduct a joint survey again in FTL/Buffer Zone of Kesarisamudram Tank in the presence of Revenue Officials and Assistant Directors of Survey and Land Records, Nagarkurnool and land owners duly giving a prior notice.
Accordingly, notices were issued vide Lr.No.A/2300/2019, dated 16.02.2021, by the Revenue Divisional Officer to Pattadars of the Agriculture land and the owners of the buildings constructed in the Full Tank Level/Buffer Zone informing that survey will be conducted on 26.02.2021 to ascertain the Full Tank Level/Buffer Zone of Kesarisamudram Tank.
Further, on the said date, the Chief Engineer (Irrigation), Nagarkurnool and Chief Engineer (Irrigation), Hyderabad (Formerly Chief Engineer, Krishna Basin, Hyderabad), the Superintending Engineer, Irrigation Circle Nos.1 and 2, Executive Engineer, Irrigation Division No.5, Page 17 of 34 Nagarkurnool along with field staff and Mandal Surveyor present to conduct Joint Survey in the presence of concerned Pattadars/Possessors.
But, Pattadars vehemently protested the proceedings and obstructed the survey work. Therefore, the survey work could not be taken up. Meantime, the Chief Engineer, Nagarkurnool and the Joint Chief Environmental Engineer, Zonal Office, Hyderabad were affected by Covid- 19 and survey could not be taken up on the said date due to the law-and- order problems.
The Full Tank Level survey of Kesarisamudram tank in Nagarkurnool (V) & (M) was conducted again from 12.08.2021 to 14.08.2021 duly issuing notices to all the concerned from Revenue Divisional Officer, Nagarkurnool vide Notice dated 30.07.2021 and also issuing a general notice. During the FTL survey of Kesarisamudram tank, 41 encroachments were identified in FTL and Buffer Zone. The Irrigation official has requested the Revenue Divisional officer, Nagarkurnool and the Municipal Commissioner, Nagarkurnool for taking action on 41 illegal encroachments in to the water body as per the act and for changing/altering the nature of land of Kesari Samudrarn Tank.
The Municipal Commissioner, Nagarkurnool given the intimation and issued Notices U/s 174 (4) & U/s 178 (2) & (8) of Telangana Municipality Act 2019, to the 41 encroachers in FTL and buffer zone for eviction vide No. G/1116 ANGKL/ 2020, dated 07.10.2021 under Kesarisamudram tank till now six new W.P are filed in Hon'ble High Court, Hyderabad and total around Eighteen cases (18) by the encroachers of Kesarisamudram.
In O.A.No. 182/2020, third report was submitted by the Collector and District Magistrate to the Hon'ble National Green Tribunal, South Zone, Chennai. The Collector and District Magistrate, Nagarkurnool issued notifications by marking of the particular land as FTL with land Co- Ordinates vide District Gazette Notification No. 195/1 dated 25.10.2021. The Municipal Commissioner, Nagarkurnool instructed the DTF Team (Enforcement Squad), for initiating enforcement action on encroachments and demolished the Z.P.P. Building in survey No. 303.
IX. Bhupalpally District Page 18 of 34
1. Thummala cheruvu, Pulluri Ramaiahpally(V), Bhupalapally (M) .
Sri. T. Mukunda Reddy, R/o Hanamkonda who is the owner of agriculture patta land has given representation duly stated that the Nala to feed Thummala cheruvu, Pulluri Ramaiahpally(V), Bhupalapally(M) is dividing his 13.32 acres of agriculture land of survey no. 142 and requested to divert the stream by detouring its original route and feed the tank. The pattadar also made undertaking to bear the cost of diversion at his own expenses.
After careful examination, the request of pattadar was conceded and permitted the diversion under Memo No. DEE/T1/2299/s Dt:-
21.10.2016.The diversion was taken up by the pattadar and the work was completed upto merge point of FTL. Since then, the feeder channel is functioning well and filled with water effectively without any obstruction.
Later on, in the FTL of Thummala cheruvu, the integrated district collector office complex (IDOC) constructed by diverting the existing nala all along parallel to the back side wall of District head quarter hospital.
Due to diversion of old Nala, the length about 225 meters has been excavated by the pattadar filled with gravel and blocked the old Nala without obtaining any orders from the concerned authorities.
Regarding above, the Tahasildhar and the Executive magistrate, Bhupalapally Mandal has given notice to the pattadar. In response to the above, the developers rectified by removing the filled silt gravel and restored the feeder channel and functioning successfully now.
2. Gorentla kunta cheruvu, Pulluri Rarnaiahpally(V), Bhupalapally(M).
Necessary joint inspection has been conducted by Irrigation official of Bhupalapally with the Revenue department and all along the FTL, the boundary trench excavation was taken up.
Hence, there are no indiscriminate encroachments of above kunta. X. Mahabubnagar District.
The news item stated that encroachment happened in 5 tanks of Mahabubnagar Municipality. The details of Encroachments noticed in these 5 tanks as follows.
Page 19 of 341.Gandloni Cheruvu, Boyapally Village, Mahabubnagar Urban Mandal:
The said Irrigation source is situated in Sy.No. 162 & 163 of Boyapally (V) Mahabubnagar Urban (M). The total FTL area of tank is Ac:
05-35 Gts, which is patta land. At present, there are no constructions in the FTL & Buffer zone area.
2.Pedda Cheruvu (Mini Tank Bund), Mahabubnagar Urban:
The FTL area and Buffer zone of this tank consists of Government land as well as patta land. No constructions have been made in Government land. In patta land,58 houses have been constructed in FTL area and 115 Houses have been constructed in Buffer Zone area. The FTL and Buffer zone of the said irrigation source has been fixed and the unauthorized constructions have been enumerated by the Joint Committee Constituted by the District Collector.
3.Palkonda Cheruvu (Pedda Cheruvu), Palkonda (V). Mahabubnagar Urban (M):
The FTL area and Buffer zone of the Pedda Cheruvu is located in Government land as well as in Patta land. No constructions have come up in Government land. In the patta lands,29 Houses have been constructed in the FTL area and 25 Houses constructed in Buffer Zone Area. The FTL of the said irrigation source has been fixed and the above unauthorized constructions have been enumerated by the Joint Committee Constituted by the District Collector.
4. Dongala Kunta at Christianpally (V) Mahabubnagar Urban(M):
The said kunta is not found in Revenue village map. Previously some tanks having an ayacut of below 100 acres were maintained by the Panchayat Raj Department. Later, such kuntas were handed over to Irrigation Department vide G.O.Ms.No.216, Dt.13.06.2005. In the source list handed over by Panchayat Raj Department, the above kunta does not exist under the control of Irrigation. Hence it is Private Kunta.
5. Imamsab Kunta, Old Palamoor, Mahabubnagar Urban Mandal:
The Mandal Level committee members have inspected Imamsab Kunta which is situated at Sy.No.439, Mahabubnagar near Patha Palamoor and at present No houses are constructed in FTL and Buffer zone area.Page 20 of 34
Further, (3) Committees have been constituted by the District Collector, Mahabubnagar vide Procs.No. Rev/D4/Irri/ 0003/2020, Dated 22.02.2020 for preventing and removing encroachments of water bodies.
Accordingly, necessary measures are being taken up from time to time to protect environmental zone covered by Water Bodies, Hillocks and Green Belt areas in Mahabubnagar District as per rules in vogue.
XI. Mancherail and Khagaznagar District.
1.Pedda Cheruvu (Mini tank bund) Chennur Village & Urban Mandal:
At present there is no encroachments in the FTL of the tank and in the Buffer zone area.
2.Kummarikunta(Mini Tank Bund),Chennur Village & Urban Mandal:
The said Irrigation source is situated in Sy.No. 971 of Chennur (V) & Urban (M). The total FTL area of the tank is Ac:16-24 Acs- Gts, which is shikam land. At present, there is one existing RCC building found and the work completed up to Piers & Slab. The construction was being taken up during the year 2014 with the permission of Grama panchayat. But the I&CADD stopped the work at the stage of RCC building work partially done. Therefore, the person who encroached into the FTL of the tank filed a petition in the Hon'ble High Court and as per the interim orders of Hon'ble High court, there is no progress of work since 7 years to this date.
Due to the urbanization of the chennur town, a Road is laid as adjacent to the tank which is detached the catchment area and water spread area of the tank. There are large numbers of RCC buildings constructed in the catchment area due to urbanization. The tank is converted into MTB and like Laying bund around the tank and other beautification works are in progress. Therefore, the drain water & the flood in the rainy season is proposed to divert by the Chennur Municipal Authority to the D/S of the tank.
3.Oora Cheruvu, Mandamarri, Mandamarri village & urban Mandal:
At present, there are no encroachments in the FTL of the tank and in the Buffer zone area.Page 21 of 34
4. Chinnaboinakunta, Kyathanpalle, Mandamarri village & urban Mandal:
At present, there are no encroachments in the FTL of the tank and the Buffer zone area.
5. Oora Cheruvu, Kyathanpalle village & Mandamarri Mandal:
At present, there are no encroachments in the FTL of the tank and the Buffer zone area.
6. Oora Cheruvu, Amarwadi, Amarwadi village & Mandamarri Mandal:
At present, there are no encroachments in the FTL of the tank and the Buffer zone area.
Further, the necessary measures are being taken up from time to time to protect the environmental zone covered by Water Bodies, Hillocks, and Green Belt areas in the Chennur, Mancherial, Sirpur, and Asifabad Assembly constituencies as per rules in vogue."
5. The District Collector, Khammam/5th Respondent also filed a report dated 16.02.2022, e-filed on 18.02.2022 which reads as follows:-
"REPORT FILED BY DISTRICT COLLECTOR, KHAMMAM RESPONDENT-5 I, V.P.Gautham S/o V.Palanichamy Aged about 30 years Occ: District Collector, Khammam of Khammam District do hereby solemnly and sincerely affirm and state on oath as follows:
I am Respondent NO.5 in the above OA, as such, I am well acquainted with facts of the case. I have read the order Original Application No.163 of 2021 (SZ). The National Green Tribunal Chennai has directed this respondent to taken up the case as sum - moto case on the news item Published on dated: 13.07.2021 with regard to "Encroachment of Tanks and Ponds in the Municipalities". Accordingly this Respondent files the report on the subject matter with regard the following tanks comes under the jurisdiction of Khammam Municipal corporation. Accordingly, this respondent has obtained FTL Maps, Tank Location sketch and Google Maps Page 22 of 34 in respect of the following (04) tanks coming in the jurisdiction of Khammam Municipal corporation.
1. Lakaram Tank, Khammam
2. Peddacheruvu Dhamsalapuram
3. Oora Cheruvu Khanapuram
4. Peddacheruvu Velugumatla The following is the status of the said tanks:
1. LAKARAM TANK:
Lakaram tank is located in Khammam Municipal Corporation limits. In a part of Mission Kakatiya Programme of Telangana Government, aimed to restore the Irrigation tanks, Lakaram tank was taken up for restoration. During the restoration of Lakaram Tank, under Mission Kakatiya nearly 150 houses removed, which are coming in the development of Lakaram. Now the Lakaram tank was developed as Mini tank Bund. Irrigation department was constructed bund all along the tank and there is no scope for any kind of encroachment in to the tank.
The Municipal Corporation has taken up the measures for the protection of tank duly establishing chain link mesh, plantation around the tank for 2Km perimeter under the Pattana Pragathi Programme.
As of now, total Lakaram tank area was surrounded by bund and there is no scope for encroachment in to tank area.
This Respondent has convened a meeting on 19.01.2022 with the Irrigation, and Revenue Authorities and issued instructions to strengthen the bund.
2. PEDDA CHERUVU, DHAMSALAPURAM :
The Pedda Cheruvu, Dhamsalapuram Village situated in the Sy.No:178 consist of a shikam land of Ac.128-14 Gts. The Full Tanks Level (F.T.L) survey has been conducted for the above tank by the Irrigation Department along with Municipal officials & Revenue official's and demarcated the tank boundaries from encroachments. Also as per the instructions of the Collector, Khammam District, an amount of Rs. 10.00 Lakhs was sanctioned by the Commissioner, KMC in Feb 2021 for the construction of the boundary pillars. All steps have been taken for safeguard the tank and there are no encroachments in the tank area.Page 23 of 34
This Respondent has convened a meeting on 19.01.2022 with the Irrigation, Municipal and Revenue Authorities and issued instructions not to change the status of the tank, and remove any changes made over the tank without the permission of competent authorities.
3 OORA CHERUVU, KHANAPURAM :
Oora Cheruvu, Khanapuram situated in the Sy.No:13 consist of a shikam land of Ac.75-23 Gts. On 06.07.2021, The full tank Level (F.T.L) , survey has been conducted for the above tank by the Irrigation Department along with Municipal Officials & Revenue Officials and demarcated the tank boundaries from encroachments. As per the instructions of the Collector, Khammam District, an amount of Rs. 10.00 Lakhs was sanctioned by the Commissioner, KMC in Feb 2021 for the construction of the boundary pillars. Action has been taken to remove the (35) encroachers identified in the tank area.
Further, The Chief Engineer, Irrigation, khammam submitted that The Superintending Engineer, Irrigation Circle, Sathupally has reported that "Irrigation work" includes all kuntas, reservoirs, tanks, anicuts, canals, their distributaries, channels, and sluices constructed, maintained or controlled wholly or partly by or with the consent of the Government for the supply, conveyance or storage of water; and all construction works, embankment, structures, supply and escape channels, connected with the aforesaid water reservoirs, tanks, anicuts, canals, and their distributaries, pipes and sluices and all roads constructed for the purpose of facilitating the construction or maintenance of the said sources water and also all drainage works and flood embankments etc. In this regard it is submitted that this Respondent No.5 has held a conveyance meeting on 09.07.2021, and formed a "Task Force Committee"
with conglomeration of Revenue, Irrigation, Municipal and Police Department headed by Additional Collector Khammam Dist. has been formed for identification of illegal encroachments within water bodies i.e. Canals, Tanks, Vagus, Nala etc. In pursuance of it the Chief Engineer, Irrigation, Khammam reported that the Irrigation officials have taken-up survey for identification of un-authorized structures constructed within the F.T.L (Full Tank Level) and Buffer zone (30 meters from the F.T.L of tank) and identified 35 Nos of Page 24 of 34 structures and notices have been issued to all the residents of the identified structures. The same has been reported to the Irrigation higher authorities, Revenue authorities and Municipal authorities for taking further necessary action.
The Superintending Engineer has also informed that, the field staff has been maintaining regular surveillance over the tanks in the urban jurisdiction, which are epicenter and prone to illegal encroachments and formation of un-authorized lay-outs and structures due to rapid urbanization in Khammam town.
With regard to the facilities established in Lakaram Tank the Municipal Commissioner, Khammam Municipal Corporation vide Lr. No. KMCTPC G1/MPP/4/2021- TPS2 KMC that the Irrigation Department has constructed Tank Bund at Lakaram Tank under Mission Kakatiya, Khammam Municipal Corporation looks after the day to day maintenance of Lakaram Tank bund.
The Municipal Commissioner, Khammam Municipal Corporation has also undertaken protective measures in Mini Lakaram tank including establishment of chain link mesh and plantation of around approximately 2 Km perimeter under Pasttana Pragathi programme. Municipal Corporation has also undertaken bund protection of Khanapuram tank with chain link mesh, plantation and fixing of FTL stones along 700 mts of bund portion.
The Municipal Corporation has protecting the bund with fencing throughout the length of bund to avoid the encroachments in the land belongs to above tanks. Whenever complaints regarding encroachments are received by this office immediate action is being taken as per new Municipal Act of 2019. 2 Disaster response teams have been constitutes and are playing active role in removal of encroachments in the surrounding of water bodies. Recently one complaint on dt.07.07.2021 lodged in the police station against the encroacher (2 persons) who have taken up formation of road in the Khanapuram tank and the Civil work commenced was also removed using machinery. Multi department enforcement teams were formed including representatives of R&B, irrigation, town planning and other line departments.
The Municipal Corporation is being undertaken joint survey along with the Irrigation and Revenue Department regarding fixation of FTL and Page 25 of 34 buffer Zones of above mentioned lakes, Maps along with geo co-ordinates are prepared enabling informed decision making by this office while issuing building permissions. Fixation of FTL stones is completed on one side of khanapuram tank (Facing yellandu main road) similar exercise of fixation of boundary stones marking FTL is under process in association with irrigation department.
This Respondent has convened a meeting on 19.01.2022 with the C.E irrigation, Khammam, AD S&LR, Khammam, Tahsildar, Khammam(Urban) and issued instructions to erect FTL stones in the distance of 1 mtr of the tank.
Pedda Cheruvu, Velugumatla Pedda cheruvu, Velugumatla village situated in the Sy.No.565, consist of shikam land of Acs.164.22 Gts. The Full tank level (F.T.L) survey has been conducted for the above tank by the Irrigation Department along with Municipal Officials and Revenue Officials and demarcated the tank boundaries to protect from encroachments. An estimation has been prepared by the Irrigation Department for an amount of Rs.10.00 Lakhs and submitted to the Municipal Commissioner, KMC for administrative accord of the F.T.L boundary pillars.
The report of the Chief Engineer, Irrigation, Khammam reveals the details of (OS) tanks. As the present OA is with regard to the encroachment of tanks in Municipal areas. As such his report is confined to the following (04) tanks situated in the Municipal limits.
The District Administration has constituted a task force committee to protect the above tanks and to avoid the encroachments. The Committee is monitoring the (5) tanks in the limits of Khammam Municipal corporation and its protection with all the departments concerned and monitoring safety of these tanks. This respondent is reviewing their work from time to time.
This Respondent has convened a meeting on 19.01.2022 with the Irrigation, Municipal and Revenue authorities and issued instructions to fence the bund area, plant greenery along with fencing.
ACTION TAKEN BY THE KHAMMAM MUNICIPAL CORPORATION FOR PROTECTION OF THE ABOVE TANKS.
As per the report the Municipal Commissioner, Khammam Letter NO.KMC/TPS/GT/ET/01 dated -09-2021, and stated that the irrigation Page 26 of 34 department has constructed Tank Bund at Lakaram tank under Mission Kakatiya. The Khammam Municipal corporation looks after the day to day maintenance of Lakaram tank bund including maintenance of bund, plantation, play items, open gyms, musical fountain street vending zone etc., Khammam Municipal Corporation has also undertaken protective measures in Mini Lakaram Tank including establishment of chain link mesh and plantation of around approximately 2 Km perimeter under Pattana pragathi programme. Now the lakaram tank was developed as Mini Tank Bund. Irrigation department was constructed bund all along the tank and there is no scope for any kind of encroachments in to the tank.
The Muinicipal Corporation has also undertaken bund for protection of Oora Cheruvu , Khanapuram tank with chain link mesh, plantation and fixing of FTL stones along 700 m of bund portion. The Municipal Corporation has protected the bund with fencing throughout the length of bund to avoid the encroachments in the land belongs to above tanks. Whenever complaints regarding encroachments are received the Municipal authorities are taking immediate action as per Municipal Act of 2019. Further (2) Disaster Response teams have been constitutes and are playing active role in removal of encroachments in the surrounding of water bodies.
Recently the Municipal authorities has lodged one complaint on 07.07.2021 in the police station against the encroachers (02) persons who have taken up formation road in the khanapuram tank FrL and the civil work commenced was also removed using machinery, and also a joint survey is being undertaken along with irrigation and Revenue department regarding fixation of FTL and buffer zones of the above mentioned lakes. The Maps along with geo coordinates are prepared enabling informed decision making by this office while issuing building permissions. Fixation of FTL stones is completed on one side of khanapuram tank (facing Yellandu main road). Similar exercise of fixation of boundary stones marking FrL is under process in association with irrigation department. The Municipal Commissioner received the FTL boundary KML files of Dora Cheruvu, Khanapuram tank, lakaram tank and Pedda cheruvu, Dhamsalapuram tanks from the irrigation department on 08.09.2021 and as such the Municipal authorities had conducted inspection of Dora cheruvu, Khanapuram tank Page 27 of 34 and identified that around (20) structures have come up in the FTL in lakaram tank (18- encroachments have been identified as per the report of AD (S&LR), Khammam. Notices have issued to the owners of the structures calling for building permission documents and ownership documents.
The Superintending Engineer has also informed that, the field staff has been maintaining regular surveillance over the tanks in the urban jurisdiction, which are epicenter and prone to illegal encroachments and formation of un-authorized lay-outs and structures due to rapid urbanization in Khammam town.
Municipal Commissioner, Khammam submitted that after receipt of documents, action will be initiated against them as per Telangana Municipal Act 2019. No encroachments were identified with in the FTL of Pedda Cheruvu, Dhamsalapuram and Pedda Cheruvu, Velugumatla.
The Khammam Municipal Corporation has taken steps to avoid any further encroachments by constructing FTL pillars on the tanks. Already FTL pillars were constructed on one side of Dora Cheruvu, Khanapuramtank and work is being done for the remaining sides, also work has been sanctioned to construct FTL pillars for Pedda Cheruvu, Dhamsalapuram Tank. These FTL pillars ensure identification and to stop any further encroachments in FTL and buffer areas of the tanks.
The FTL Maps, Tank Location sketch and Google Maps in respect of the following (04) tanks coming in the jurisdiction of Khammam Municipal corporation are submitted here with for perusal of the Hon'ble Green tribunal, Chennai .
1. Lakaram Tank, Khanapuram
2. PeddaCheruvu Dhamsalapuram
3. Oora Cheruvu Khanapuram
4. Peddacheruvu Velugumatla The above facts are submitted for kind perusal of Hon'ble Green Tribunal.
Dated this the 16th day of Feb 2022."
Page 28 of 346. The Executive Engineer, Irrigation & CAD Department, North Tanks Division, Hyderabad (7th Respondent) also filed a counter affidavit dated 22.03.2022, e-filed on the same date which reads as follows:-
"COUNTER AFFIDAVIT FILED BY RESPONDENT No.7 I, A.Narayana, S/o Rajaiah, aged 57 years, presently working as Executive Engineer, North Tanks Division, HL & WBM Circle, GHMC, Hyderabad, do hereby solemnly affirm and sincerely state as follows:
1. I state that I am the 7th respondent herein and that I am well acquainted with the facts and circumstances of the case and upon verification of records and I am able to depose as under.
2. I state that I am working as Executive Engineer in the North Tanks Division, GHMC, the 7" Respondent herein and I have been authorized to file this affidavit on behalf of the 7" Respondent.
3. I submit that I have gone through the Original Application No.163/2021 of the Hon'ble NGT, Southern Zone, Chennai based on the News item Published in Telugu Eenadu Newspaper, Telangana Edition dated, 13.07.2021, under the caption "Indiscriminate Encroachment of Tanks and Pond in Hyderabad Corporation and other Municipalities" and I wish to clarify the following for the consideration of this Hon 'ble NGT.
4. It is humbly submitted that as per the directions of the Hon'ble Lokayuktha and Hon'ble High Court of A.P, the State Government had constituted the Lake Protection Committee (LPC) for protection and maintenance of lakes within Greater Hyderabad Municipal Corporation (GHMC) & Hyderabad Municipal Urban Development Authority (HMDA) jurisdiction which covers the 5 districts of Telangana state vide G.O.Ms.No.157 of MA&UD Dept, Dt. 06.04.2010.
5. Further it is humbly submitted that while constituting the Lake Protection Committee (LPC), the Government described the functions of Lake Protection Committee (LPC) vide para 8 of G.0., stating that "Identification of lakes within GHMC & HMDA area, to clearly demarcate the lakes up to FTL, preparation of action plan & implementation of de-
silting, cleaning inflow channels and maintenance of lakes, removal of existing encroachments within the FTL boundary areas & protection of Page 29 of 34 lakes from future encroachments by raising bunds all along the FTL boundary and also by arranging watch &ward security personnel to protect the lake environment".
6. It is also humbly submitted that from time to time, the Lake Protection Committee (LPC) had conducted meetings with all technical engineers for clear demarcation of FTL boundaries of lakes as per the guidelines.
7. It is humbly submitted that the process of identification of lakes/sources and the demarcation of FTL boundaries were taken-up in the year 2013 as per guidelines. Further it is submitted that, there are stages of notification of FTL boundaries of lakes by Lake Protection Committee (LPC). i.e., Preliminary notification and Final Notification.
8. It is respectfully submitted that after conducting the field FTL survey by the Irrigation Department, the draft FTL boundary maps of lakes was submitted to the Lake Protection Committee, HMDA, In tum Lake Protection Committee (LPC) issued preliminary notification on HMDA website to the general public domain for calling any objections / suggestions on draft FTL boundary maps. Further the final notification of FTL boundary maps are also taken up by reconciliation of revenue records of respective village along with a statement of extent of area falling in each survey numbers within the FTL and Buffer zones and after certification of CADASTRAL Map by concerned Tahsildar, RDO and District Collector, the final notification proposals is being submitted to the Lake Protection Committee (LPC), HMDA for issuing final notification in general public domain and issuing Gazette.
9. It is respectfully submitted that as per the above mentioned notification procedure the process of FTL boundary survey demarcations of lakes within GHMC were taken up in the year 2013. It is submitted that the Lake Protection Committee has identified I 85 lakes within GHMC jurisdiction in the year 2013 and taken up for determination of FTL boundaries of lakes by the irrigation department. In which Hyderabad District-29 tanks, Medchal Malkajgiri District-57 tanks, Rangareddy-89 tanks and Sangareddy-10 tanks were covered within GHMC limits.
10. It is respectfully submitted that all the 185 tanks were surveyed within GHMC limits and demarcated the FTL boundaries and also Page 30 of 34 prepared the FTL boundary maps. The same were submitted to the Lake Protection Committee (LPC) for issuing preliminary notification on HMDA website. The Lake protection committed has issued preliminary notification in respect of 157 lakes within GHMC limits through various notifications from Dt.14.02.2014 to till date and remaining 28 lakes have to be issued preliminary notification.
11.It is humbly submitted that about 52 lakes are issued final notification on HMDA website and the remaining 98 tanks are being prepared by concerned Tahsildars for onward submission to Lake Protection Committee (LPC), HMDA through concerned District Collector.
12.lt is humbly submitted that there are some encroachments exist within FTL & Buffer zone limits before demarcation of FTL boundaries of lakes within GHMC limits which are enumerated as detailed under Within FTL area Within Buffer zone area 8718 5343 To protect the residual area of Lake Boundaries within GHMC limits, a budget of Rs.94.17 Crores for erecting chain link mesh fencing around 63 numbers of lakes on top priority basis. Accordingly the lake boundaries are protected with chain link mesh fencing. Further it is humbly submitted that the balance lakes are protecting by deploying the Lake Protection Force (LPF) for watch & ward the lake boundary and also being installed CC cameras at most of the lakes entry and exit points. If any new encroachments found within FTL & Buffer zones the GHMC along with Revenue, Irrigation and Police Department have initiated steps for demolition of such encroachments to reclaim and protect the FTL and its Buffer zones.
13.It is humbly submitted that the Government also taking steps to reclaim the existing lands and encroachments within FTL and Buffer zones before FTL demarcation so as to protect and go ahead the restoration & development of urban lakes and creating reasonably compensate the land losers and to create demand for Transfer of Development Rights (TDR) POLICY and thereby encourage the property owners to voluntarily come forward for surrendering on free of cost to local bodies, Government after careful examination issued a G.O.Ms.No. 330, MA& UD Dept., Page 31 of 34 Dt.28.12.2017., for promoting and utilization of Transfer of Development Rights (TDR) for Conservation of and development of lakes /water bodies /Nalas foreshore & Recreational buffer development with greenery etc equivalent to 200% of such recreational buffer area developed at his cost.
14.Further it is humbly submitted that during the execution of lake protection works, some of the private pattadars / landlords are objecting the lake development works and approaching various courts and obtained status quo / not to interfere orders by claiming patta lands within FTL/ Buffer Zone limits. Due to this interim orders some of the lakes boundary fencing works are held up.
15.Further it is humbly submitted that the Government also taking steps to protect the lakes from pollution, by diverting all sewerage entry from lakes, treating of sewage water with Sewerage Treatment Plants (STP) and being cleaned the lakes by removal of weed and other floating matter time to time and being protected the lake environment.
16.Further it is humbly submitted that the Government also taking measures for improvement and remodeling of existing storm water drainage system within GHMC limits and sanctioned for Rs. 858.00 Crores under Strategic Nala Development Programme (SNDP) vide G.O. Rt. 286 MA&UD (GHMC-II) Department Dt. 06.04.2021 and these works are under progress.
17.Further it is humbly submitted that the Government is giving top priority for protection of water bodies and is taking active steps for protection of lakes.
It is further humbly submitted that the averments made in news item published in Eenadu new daily has no source of information except own assumptions made there without any verification of facts.
Therefore, in view of the facts and circumstances stated above, the Hon'ble Court may be pleased to pass appropriate orders to the facts and circumstances of the case and thus render Justice Dated at Hyderabad on this the 22th day of March, 2022."
Page 32 of 347. The other District Collectors have not filed the statement or report as directed.
8. Even on the last hearing date, this Tribunal made comments regarding the report submitted by the Respondents No.8 & 9 that it is of general nature and they are not addressing the specific issues raised by the Tribunal and they have been directed to file a detailed action taken report.
9. Respondents No.8 & 9 have also not filed any further report as directed by this Tribunal. When this was pointed out, the learned counsel appearing for Respondents No.8 & 9 submitted that they will file a further report as directed by this Tribunal, if some time is granted.
10. The learned counsel appearing for the State of Telangana submitted that they will file final report regarding the further action taken and also steps taken by them to meet the litigations pending before the Hon'ble High Court of Telangana in this regard.
Page 33 of 3411. They are directed to file their further reports as directed on or before 26.04.2022 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.
12. The Registry is directed to communicate this order to the official respondents and also to the concerned District Collectors who have not filed the report so far and the Special Chief Secretary to Government, Irrigation & CAD Department, Hyderabad by e-mail for their information and compliance of directions.
13. For consideration of further reports, post on 26.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.163/2021 (SZ), 22nd March 2022. Mn.
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