Kondru Maridiyya vs State Of Andhra Pradesh on 17 May, 2023

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National Green Tribunal

Kondru Maridiyya vs State Of Andhra Pradesh on 17 May, 2023

Bench: K. Satyagopal

Item No.07:

              BEFORE THE NATIONAL GREEN TRIBUNAL
                   SOUTHERN ZONE, CHENNAI

                          (Through Video Conference)

                Original Application No. 155 of 2021 (SZ) &
                          I.A. No.101 of 2021 (SZ)

IN THE MATTER OF:

Kondru Maridiyya,
Vishakapatnam.

                                                               ...Applicant(s)
                                      Versus


State of Andhra Pradesh,
Through the Chief Secretary & Ors.
                                                              ...Respondent(s)


Date of hearing: 17.05.2023.



CORAM:

   HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER


   HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER



For Applicant(s):       Mr. Rahul Choudhary.


For Respondent(s):       Mr. Basu represented
                         Mrs. Madhuri Donti Reddy for R1, R3, R6 to R8.
                         Mr. Meyappan represented
                         Mrs. ME. Sarashwathy for R2.


                                      1
                          ORDER

1. The 4th respondent who is the Principal Chief Conservator of Forests and Head of Forest Force (PCCF & HoFF) has filed a report dated 17.12.2021, in which, it is stated that the area in question cannot be identified as forest vide dictionary meaning to be categorised as 'Deemed Forest'.

2. In this regard, we are unable to make out whether the said report was filed after the inspection of the said area and defined in terms of the judgement of the Hon'ble Apex Court in T.N. Godavarman Thirumulpad Vs. Union of India & Others.

3. Therefore, we once again direct the PCCF & HoFF to inspect the area, assess the green cover and file a report as to whether it satisfies the parameters prescribed in T.N. Godavarman Thirumulpad's case and how the said area is to be categorised i.e. whether as a deemed forest or not.

4. Considering the long pendency of the matter, we direct the PCCF & HoFF to file the inspection report at the earliest which should be more comprehensive along with aerial pictures and other photographs in support of their case and for a better understanding of this Tribunal.

5. The Joint Committee which was directed to inspect and file a report as per our earlier direction has not yet filed.

6. Hence, as a last and final chance, the Joint Committee which comprises of the officers mentioned therein should visit the area in dispute and file a report in terms of the directions given earlier, failing which, the Joint Committee will be mulcted with cost jointly as well as severally.

7. Post the matter on 24.07.2023 for filing the report by the PCCF & HoFF and the Joint Committee.

Smt. Justice Pushpa Sathyanarayana, JM Dr. Satyagopal Korlapati, EM O.A. No. 155/2021 (SZ) & I.A. No.101/2021 (SZ) 17th May, 2023. AD.

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