Partly allowed

Human Rights & Consumer Protection Cell Trusts Rep. by Its Chairman - Thakur Rajkumar Singh v. the State of Telangana Rep. by Its Chief Secretary

NGT8 Sept 2021IA No. 38/2019 in Original Application No. 156/2016

Case brief

AI extract

What is this about?

The NGT Southern Zone examined reports on encroachment and pollution of water bodies in Ameenpur, Telangana. The court directed authorities to finalize FTL maps, serve notices to encroachers, and file detailed progress reports. Pending interlocutory applications regarding impleadment and inspection requests were dismissed.

What did the court decide?

Directing authorities to fix FTL and buffer zones, serve notices to encroachers, and file detailed status reports by a specified deadline. Dismissing interlocutory applications for impleadment and ins

Human Rights & Consumer Protection Cell Trusts Rep. by… — Environment and Pollution | NGT (2021)

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Item No.8 & 9:

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No. 115 of 2016 (SZ) &
M.A. No.118 of 2017 (SZ) & I.A. No.67 of 2020 (SZ) &
I.A. No.130 of 2020 (SZ)
With
Original Application No. 156 of 2016 (SZ) &
I.A. No.38 of 2019 (SZ)
IN THE MATTER OF:
Human Rights & Consumer
Protection Cell Trust and Ors.
...Applicant(s)
Versus
The State of Telangana,
Rep. by its Chief Secretary,
Telangana State and Ors.
...Respondent(s)
Date of hearing: 08.09.2021.
CORAM:
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
O.A. No.115/2016:
For Applicant(s): Mr. Thakur Rajkumar Singh (Party in person)
For Respondent(s): Mrs. H. Yasmeen Ali for R1, R4 & R6.
Ms. J. Dayana represented
Mr. T. Sai Krishnan for R2 & R3.
Mr. D. Sreenivasan for R5.

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O.A. No.156/2016:

For Applicant(s):

Mr. Thakur Rajkumar Singh (Party in person)

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For Respondent(s):

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Mrs. H. Yasmeen Ali for R1, R5 to R10. Ms. J. Dayana represented Mr. T. Sai Krishnan for R2 to R4. Mr. D. Sreenivasan for R11.

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Dr. Venkat Reddy Donti Reddy for R13 to R20. Mr. G. Stanley Hebzon Singh for R21 to R23.

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ORDER

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As per order dated 13.04.2021, this Tribunal had considered the report

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submitted by the 1^st respondent e-filed on 14.02.2021, which was extracted in Para 2 of the order in respect of the allegations made in O.A. No.156 of 2016 and directed the authorities to file a further report

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including the Public Works Department and Irrigation Department.

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Thereafter, the case was taken up on 27.05.2021, on which date, this Tribunal had considered the report submitted by the Telangana State Pollution Control Board dated 25.05.2021 which was extracted in Para 3 of the order and then, passed the following order:

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“4. It is seen from the report that there are lot of improvements to be done for the purpose of improving the water quality in the water bodies. Further, some of the lakes were found to be dry due to the obstructions caused in the inlets and the outlets and due to not making any proper maintenance of the same.

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5. It is time and again re-iterated that the water bodies will have to be protected against encroachment and pollution. It has to be properly maintained as it plays a great role as a water storing reservoir during the rainy season and it can be used for several purposes if it is properly maintained or treated and it will help in conserving the aquatic biodiversity and also attract birds.

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6. There is a duty cast on the State Government and its

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departments and its regulators like Pollution control Board and the local bodies to be proactive in implementing the environmental laws in its letter and spirit to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India and Right to Clean Environment is a part of Right To Life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon’ble Apex Court as well as this Tribunal in several matters of similar nature that no water body should be allowed to be encroached by the miscreants so as to reduce its storing capacity as it acts as great role in protecting environment apart from providing water for drinking and irrigation purposes. In spite of all those things, none of the Governments are very much serious about protecting the environment.

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7. Further, the photograph produced along with the report submitted by the Telanga State Pollution Control Board (TSPCB) show the manner in which the water bodies are maintained and the pathetic conditions under which the water bodies are.

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8. Though directions have been given to the Public Works Department (PWD) and the Irrigation Department to submit their independent report regarding the steps taken by them for protecting the water bodies, they have not come with any independent report so

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far.

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9. The Hyderabad Metropolitan Development Authority (HMDA) also had not submitted any independent report regarding the steps taken by them for protecting the water bodies in their area. When this was pointed out, the learned counsel appearing for the respective Government Departments wanted some more time for filing their statements.

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10. The local bodies, the Lake Protection Committee and the Telangana State Pollution Control Board (TSPCB) are directed to come with the proper action plan as to how they are going to protect the water bodies including the maintenance of inlets and outlets of each water bodies to make the water bodies alive rather than making them disfunctional on account of the obstruction to flow of water into the water bodies. The action plan should spell out the shorter time line within which they can be able to implement the same to protect the water bodies as has been committed under Article 48 (A) of Constitution of India.

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11. The concerned authorities are directed to file their independent statements and also the common action plan as directed in both the cases on or before 29.06.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.

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12. The Registry is directed to communicate this order to the members of the committee, official respondents including the Chief Secretary and the Principal Secretary of Public Works Department (PWD) and Irrigation Department and the Municipal Administration for their information and for coming with a proper action plan, as in the last hearing date, the Chief Secretary of State of Telangana himself has filed a detailed statement that the necessary instructions have been given, but no further report has been filed by the State machineries as to how the recommendations have been implemented as it is a serious issue.

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13. The Chief Secretary and the concerned Principal Secretary are also directed to file their status report regarding the implementation of the decisions taken in the lower level for the purpose of protecting the water bodies mentioned in these cases before the next hearing date in both the cases by e-mail immediately so as to enable them to comply with the direction.”

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Thereafter, the State of Telangana has filed a status report dated

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26.06.2021, e-filed on 28.06.2021 and received on 12.07.2021 which reads as follows:-

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“Status Report of the Chief Secretary, State of

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Telangana (Respondent No.1) in Original Application (OA) No.156 of 2016 pertaining to lakes in Ameenpur (V&M), Sangareddy District, Telangana State:

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It is to submit that OA Nos. 115 156 of 2016 were filed in the Hon'ble NGT by Human Rights and Consumer Protection Cell Trust and Others regarding the encroachments made and Pollution of the Water Bodies in Ameenpur (V&M), Sangareddy District, Telangana State.

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The Hon'ble NGT has given following directions vide orders dated 27-05-2021:

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1. Hyderabad Metropolitan Development Authority (HMDA) and Irrigation Departmentto submit independent reports regarding protecting the water bodies

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2. The PCB, local bodies and LPC are directed to submit action plan for protection of water bodies including the maintenance of inlets and outlets to make the water bodies alive. The action plan

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should specify shorter time lines within which they can be able to implement the same

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In compliance to the Hon'ble NGT directions, TSPCB in consultation with the Stakeholder Departments has prepared an Action Plan on the removal of encroachments and restoration of Water Bodies of Ameenpur along with timelines:

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I. Proposed Action Plan with the Activities, responsible

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Line Departments and the timelines:

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II. Further, direction was issued in the order dated:27-052021 that, the Chief Secretary and the concerned Principal Secretary will also file their status report regarding the implementation of the decisions taken in the lower level for the purpose of protecting the water bodies mentioned in these cases before the next hearing date.

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In compliance to the above and in continuation to the activities submitted by the Government through its report dated 4- 12-2020, the status of the implementation of the activities by the concerned departments are submitted below:

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1. Whether the FTL has been fixed for the water bodies.

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FTL survey of all the 14 water bodies in Ameenpur Village is completed and the FTL Points were fixed.

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2. Whether any Buffer zone of the water body fixed from the FTL to declare that as Non- Development zone.

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The FTL boundary and corresponding buffer zone boundary is fixed for all the water bodies and clearly marked with geocoordinates in the FTL maps as perthe conditions stipulated under G.O.Ms.No 168 of MA&UD Department, Dated: 07-04-2012. Accordingly cadastral maps of all the water bodies are prepared.

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The statements pertaining to the fixing of the FTL, buffer zone are placed at Annexure-l. The Cadastral maps of all water bodies are prepared and copies of the same are placed at Annexure!II. HMDA has issued final notification for lakes, preliminary notification for lakes and issue of preliminary notification for the remaining lakes is under process.

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3. Whether all the water bodies were inventorised and notified under the wetlands (Conservation Management) Rules, 2017.

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All the fourteen (14) Water Bodies in Ameenpur village have been inventorised. Further, it is submitted that the human made water bodies/tanks does not come under wet lands as per partIl section (1) of the Wetlands (Conversation and Management) Rules 2017.

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4. Whether there exists any encroachments and if so what steps taken by the authorities to remove the same.

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The identification of encroachments and enumeration of structures falling under FTL and Buffer zone of 14 water bodies are completed.

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A total of 881 encroachments are identified in 11 Water Bodies (Annexure-III). There are 770 permanent structures (724

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residential houses, 35 indiramma houses and Religious structures) and 111 temporary structures (56 houses 55 vacant plots).

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Notices were issued to 780 structures under section 23 of Telangana Water, Land and Trees Act (WALTA). Remaining notices could not be issued as owners could not be identified. Ameenpur Municipality issued notices to 637 identified encroachers under the Town Country planning rules.

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259 replies were received from the encroachers submitting that, they are residing in those houses for the past 20 years with necessary permissions and also have been facilitated with basic amenities.

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The statement of encroachments in the FTL area is placed at
Annexure-III.
5. What are the steps taken to prevent further
encroachments of the water bodies and restoration of the water
bodies which have been recovered.
a. Steps taken to prevent further encroachments:
i. FTL, buffer and fencing: The FTL and Buffer zones are
fixed for all the 14 lakes. The Irrigation department is sanctioned
with an amount of Rs.64 .40 lakhs and is in the process of erecting
the fencing pillars at the boundaries of the FTL.
ii. Constitution of vigilant teams: The Lake Protection
Committee Meeting was conducted and formed vigilant teams
comprising of members from Revenue, Irrigation, Municipality,
HMDA and Police Departments to safeguard and to protect the
water bodies.

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iii. Point Person: Tahsildar is appointed as 'Point Person' for each water body under their jurisdiction. Display boards erected at every water body mentioning the name and phone number of the "Point Person" and the Girdawar of the Mandal concerned is made Supervisory Officer.

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b. Restoration measures taken and under progress:

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iv. Repairs and Restoration works of 10 water bodies of Ameenpur Village: The works has been taken up under Prestigious Mission Kakatiya program such as Bund strengthening, Repairs to

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weir and sluice etc with sanction amount of Rs.496.00 Lakhs. The details of which are placed in Annexure-IV

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v. 28 MLD STP at Ameenpur Pedda cheruvu: DPR is prepared for construction of 28 MLD STP at Ameenpur Peddacheruvu with an estimate of Rs.101 Crores. The administrative sanction is under process. The land required for construction of the STP is acres, out of which 1.2 acres is already allotted to HMWSSB and remaining 2.8 acres land allotment is under process.

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vi. Storm water drain network construction is under progress at the following locations:

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a. To divert excess water flow from Upstream areas to Uskebavi, 450 pipe line was laid (60% of work is completed) and remaining work will be completed by 30" June, 2021.

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b. To divert excess water flow from Upstream of Shambuni kunta, 850 pipe line was laid with an amount of Rs.50.00 lakhs. vii. Underground Sewage Network is under progress at the following locations a. The work is in progressin Ameenpur municipality for ensuring 100% Under Ground Drainage(UGD)lines and ensuring that no UGD line is being connected to the Water Bodies.

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b. An amount of Rs.1 crore for the main trunk line (2.2 KM) for diverting the sewage from upstream into Sambi Cheruvu is in Progress. 50% work is completed and the remaining work will be completed before July, 2021.

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c. The main trunk line of 600 mm dia. up to length of 450 is being laid for diverting the sewerage from the Upstream of Bandamkommu cheruvu with an amount of Rs 49.00 Lakhs. The work will be completed before July, 2021. Further, notices were issued to Upstream Residential colonies for constructing STP. The survey for Construction of Sewerage treatment Plant (STP)is in progress.

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d. Detailed DPR is being prepared for the requirement of new STPs to meet the demands of the existing population through private agency -NCPE and is in progress.

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viii. Septage Management: The sludge collected is brought to the Co-treatment facilities of Khajaguda or Nanagakramguda STPs. operators are empanelled with HMWSSB for the Ameenpur and surrounding areas.

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ix. Water Hyacinth: The removal of the water Hyacinth in the water bodies will be completed by the end of the June, 2021.

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6. Is there any dumping garbage and discharge of nontreated sewage or trade Effluent into the water bodies and if so what action was taken.

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i. Garbage Dumping:

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There is no garbage dumping in any of the above lakes and measures taken for solid waste management are as follows:

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11 No.s of Sanitation vehicles and 70 no of private vehicles are deployed for ensuring 100 door to door garbage collection, on daily basis.

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The collected garbage being segregated at existing Dump yard and Construction of new DRCC center with estimated cost of Rs.38.00Lakhs is in progress.

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The Bio-mining of existing legacy waste at Ameenpur dump yard is under operation since January 2020. Around 32MT of the daily door to door garbage which is collected from residential and commercial establishments is being transported to Jawaharnagar MSW facility since January 2020 for further processing. ii. Discharge of untreated sewage:

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iii. Trade Effluents:
It is to submit that, only one lake (Ameenpur Pedda
cheruvu) catchment has 10 industries. The details of the industries
are placed at Annexure-V. The finger print analysis carried out by
the TSPCB in the drains and in the lake didn't reveal any
contamination from these industries.
The 10 industries are located in upstream of Ameenpur
Pedda Cheruvu Lake are permitted to operate without any outside
discharges. Treatment through Zero Liquid Discharge or CETP
membership)
The fingerprint analysis of samples collected from the tank
and the drains in April 2020 indicate no discharge of industrial
Effluents into the lake.
All these industries have been reviewed by the Board and
issued with directions of not to discharge any waste water outside
the premises.

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As per the directions issued by the Board, all these industries have installed IP cameras on the drains adjacentto the industries and at the Effluent loading area. The IP cameras are connected to the TSPCB server.

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The Board officials inspected these industries on 12™ 13 May, 2021 and observed no discharges.

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7. While considering the water quality of the water bodies

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they should also consider the quantity of the faecal coliform and total coliform as one of the criteria of fixing the standard of water as directed by the principal bench of the National Green Tribunal New Delhi in similar matters and what are the steps taken for treating the water if contaminated to make it potable water as well as irrigation purpose.

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It is to submit that Total Coliform and Feacal Coliform are also being monitored in the lakes. The water quality is in the range of to category as per CPCB criteria. (The lake water in the category is fit for irrigation purpose). The ongoing measures submitted above will further improve the quality of the water. The water bodies will be monitored by TSPCB on monthly basis to ascertain the water quality to sensitise the stakeholder departments for initiating necessary measures if required.

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The Government of Telangana has taken up massive Programme 'Mission Kakatiya' for restoring the water bodies and to increase their water holding capacity. The Government is committed for safeguarding and restoration of the water tanks in the State and shall take all steps, as per the directions of Hon'ble NGT, for the restoration of Ameenpur Lakes. “

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The Executive Engineer, Lake Protection Committee Cell, Hyderabad Metropolitan Development Authority has filed a status report signed on 28.06.2021, e-filed on the same day and received on 12.07.2021 which reads as follows:-

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“Report Dt: 28/06/2021 by the Lake Protection Committee, HMDA

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1. It is respectfully submit that in order to ensure Preservation and Protection of lakes & water bodies in Hyderabad Metropolitan Area, the Government has constituted the Lake Protection Committee (LPC) vide G.O. Ms.No. 157, MA & UD (11) Dept., dt. 06.04.2010(copy enclosed). The Lake Protection

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Committee in its meeting has resolved to take up the identification & listing of Lakes/Water bodies in the Hyderabad Metropolitan Area(HMA) duly appointing a consultant and was directed to work in coordination with Revenue, Irrigation and Urban Local Bodies(ULB) officials for preparation of the FTL maps after completing the survey of each lake. Upon certification made by the concerned stake holder departments i.e., Irrigation & Revenue the FTL/Cadastral maps are notified (Preliminary Notification) and kept in the website of HMDA for public awareness.

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2. It is respectfully submit that in respect of NGT OA.No. 156/2016 in particular, it is to submit that total (14) lakes pertaining to Sanga Reddy District Ameenpur Mandal and village are referred in NGT No.156/2016. All (14) lakes are preliminarily notified and placed in the web site of HMDA. Out of the (14) lakes preliminarily notified (4) lakes are finally notified and placed in the Web site of HMDA. Out of the (14) lakes, (2) lakes namely Uba Kunta/Duba Kunta and Shetti Kunta with Lake ID 1200/31 are located adjacent to each other, hence, taken as a single lake with ID 1200/31 which is preliminarily Notified on 07.06.2014 and finally notified on 18.02.2021 and (2) lakes namely Pedda Cheruvu and Kotha Cheruvu are taken as single lake with ID 1200/34 which is preliminarily notified on 20.03.2017.

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3. It is respectfully submitted that the Lake Protection Committee in the meeting has resolved for constitution of District Level Lake Protection Committee and requested the concerned District Collectors to ensure that each District shall have Lake Protection Committee and the said Committee shall include the Superintendent of Police as a member. As a follow up action, the District Collector Sanga Reddy District has already constituted the Lake Protection Committee for Protection and Preservation of Lakes in the District. The other District Collectors as being pursued by the Lake Protection Committee to constitute the District Level Lake Protection Committee at the earliest.

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4. It is respectfully submitted that the Nala system prevalent in the city is being up under the strategic Nala

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Development Programme(SNDP) within ORR for the purpose of detailed study and its connectivity network in order to reduce the flood effects that has been experienced during the recent heavy rains and the same strategy would be worked out for other parts of Hyderabad Metropolitan Area.

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5. It is respectfully submit that to avoid delay in notification, vide GO.Ms.No.74 dt.24.04.2021 of MA& UD(I) Dept, Addl. Collectors of Local Bodies of (7) Districts falling under Hyderabad Metropolitan Area have been appointed as Nodal Officers and entrusted the responsibility of field work of Lake Protection Committee showing the lakes to the Consultant physically, resolving the discrepancies in FTL maps of Irrigation department and Revenue statements, coordinating and attending

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meetings convened by HMDA at all stages till final notification.

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6. It is respectfully submit that, HMDA being the Nodal Agency, has made/making all efforts to pursue the stake holders i.e., Members of the Lake Protection Committee, in expediting the completion of detailed survey of each lake and certification by the concerned Irrigation and Revenue officials preserve and conserve the lakes falling within Hyderabad Metropolitan Area.”

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The Special Chief Secretary to Government, Irrigation & CAD Department, Telangana has filed a further report dated 25.06.2021, e- filed 28.06.2021 and received on 12.07.2021 which reads as follows:

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“ACTION TAKEN REPORT FILED BY THE SPECIAL CHIEF SECRETARY TO GORVENMENT, IRRIGATION & CAD DEPARTMENT.

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There are 14 water bodies covered under NGT case No. 156/2016. As per the orders dated 27-5-2021 of the Hon'ble NGT, Chennai the action taken report as follows:

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A. PRESENT STATUS OF ACTION TAKEN BY IRRIGATION & CAD DEPARTMENT.

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1. Fixation of FTL and Buffer Zones status of fourteen water bodies of Ameenpur Village.

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FTL survey of all the 14 water bodies in Ameenpur Village is completed and fixed the FTL points.

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2. Fixation of Buffer Zone to declare that as NonDevelopment zone:

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The FTL boundary and corresponding buffer zone boundary is fixed for all the water bodies and clearly marked with geo coordinates in the FTL maps as per the conditions stipulated under G.O.Ms.No 168 of MA&UD Department, Dated: 07-04-2012 and accordingly cadastral maps of all the water bodies are prepared and submitted to HMDA.

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Inventorization of water bodies.
All the fourteen (14) water bodies in Ameenpur village have
been inventorized. Further it is submitted that the human made
water bodies/tanks does not come under wet lands as per part II
section 3 (1) of wetlands (Conversation and Management) rules
2017.
4. Identification of encroachments of the water bodies
Joint Inspection conducted for fixing the FTL and buffer
zone boundaries along with Revenue and Municipal authorities.
The identification of encroachments and enumeration of structures
falling under FTL and Buffer zone of 14 water bodies are completed.
The teams have been formed to enumerate the
encroachments in the Water Bodies of Ameenpur Mandal and the
teams have enumerated the encroachments in the Water Bodies as
under.

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a. There are no encroachments in remaining (3) water bodies 1. Kummari Kunta 2. Kunta Shikam and 3. Gandi Kunta.

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b. (835) notices have been prepared. The notices have been served to (780) encroachers under WALTA Act, 2002, calling explanation as to why their residential houses / constructions should not be dismantled / removed from the FTL / Buffer Zone areas of the Lakes / Tanks within (15) dates from the date of receipt of the notice.

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c. Out of the (881) encroachments notices could not be served to the (35) Indiramma Houses, (11) Religious structures and (55) Open Plots and Basement whose owners could not identified.

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d. (259) replies received from the encroachers, they have stated that they are residing in those houses for the past (20) years, duly obtaining necessary permissions from the then Gram Panchayat, Ameenpur Municipality and HMDA and they have also been facilitated with basic amenities like roads, water supply and electricity by the concerned authorities.

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e. The details of water bodies for which preliminary and final notifications have been published by the HMDA, Hyderabad. 5. Protection works to safeguard water bodies: (i) The Lake Protection Committee Meeting was conducted and formed vigilant teams comprising of members from Revenue, Irrigation, Municipality, HMDA and Police Departments to safeguard and to protect the water bodies. Tahsildars appointed 'Point Person' for each water body under their jurisdiction who will have a constant watch over the water body to prevent encroachments in the water body area. Further sign boards are erected at every water body mentioning the name and phone number of the "Point Person" so that any person can inform the "Point Person" regarding encroachment. Further, the Girdawar of the Mandal concerned is made the Supervisory Officer for the Point Persons appointed.

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ii) Repairs and Restoration works of 10 water bodies of Ameenpur Village has been taken up under Prestigious Mission Kakatiya program such as bund strengthening, Repairs to weir

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and sluice etc with a sanction amount of Rs.496.00 Lakhs.

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The Special Chief Secretary to Government, Irrigation & CAD Department, Telangana also filed an action taken report dated 07.09.2021, e-filed on 08.09.2021 and received on the same day which

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reads as follows:-

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In the above reports, it is not mentioned as to what is the present stage, after removal of encroachments. Further, it is also not clear from the report submitted as to whether there was any encroachment in Sakhi Cheruvu comprising in Sy. No.615 at Patancheruvu Village and Mandal, Medak District which was specifically mentioned in O.A. No.115/2016. As per the earlier order, we have directed the authorities to file a detailed report regarding this Cheruvu as well, but no such

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exercise has been done by the authorities and whatever reports filed,

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they are only relating to the water bodies mentioned in O.A. No.156/2016 alone.

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When this was pointed out, the learned counsel appearing for the State of Telangana submitted that if some time is granted, they will come with a proper report in respect of the same as well.

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The learned counsel appearing for respondents 21 to 23 in O.A. No.156/2016 submitted that his clients are unnecessary parties and they have been unnecessarily dragged on account of certain litigations pending between them and the applicant and they have nothing to do

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in the Cheruvu as alleged in the application. Though there were certain

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observations made in the status reports that certain encroachments

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were identified, they have not mentioned the name of the persons and

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also the status of the action taken, except stating that certain notices have been served.

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So, the concerned departments are directed to submit report as to

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whether any of the party respondents shown in the proceedings have been found to have encroached into any portion of the water body and whether any action has been taken against them in this regard.

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Though there was an admission that certain walkway was constructed in that lake, it is not clear from the reports as to whether that walkway has been removed after fixing the buffer zone and FTL of the said water body namely, Sakhi Cheruvu which was seen from the photograph produced by the applicant in O.A. No.156/2016. So, the concerned authorities namely, the Lake Protection Committee and Public Works Department and Irrigation Department are directed to submit a detailed report regarding the same as well and also further progress in respect of the action taken as mentioned in the action taken reports regarding the removal of the encroachment etc.

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The applicant filed I.A. No.67 of 2020 in O.A. No.115/2016 stating that there was violation of the order passed by this Tribunal dated 17.05.2016 in respect of the walkway that has been constructed. There

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was only a status quo order passed. According to the applicant, this Status Quo order was violated by the concerned department who had constructed the same. So, the authorities are also expected to explain whether after the status quo order passed by the Tribunal in O.A. No.115 of 2016 dated 17.05.2016, any further work has been done in that

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Cheruvu so as to ascertain the nature of allegation of violation said to

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have been committed by the Greater Hyderabad Municipal Corporation.

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None of the reports filed by the State Departments have touched this aspect. When this was pointed out, the learned counsel appearing for the State of Telangana submitted that they will come with a further report in this regard as well.

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13. This interlocutory application [I.A. No.130/2020 in O.A. No.115/2016 ] was filed by the third party who wants to come on record, as he is also interested in protecting the water body, which is the subject matter in this application. Since the applicant in the original application prosecuting the matter, we do not think that there is any necessity to implead any other person as a party to the proceeding, so as to protect the water as claimed by the applicant in the interlocutory application, after lapse of four years of filing this application. So under such circumstances, there is no necessity to implead the proposed applicant as party to the proceedings and the interlocutory application is dismissed with above observation and I.A. No.130/2020 in O.A.

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No.115/2016 is disposed of accordingly.

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14. This Miscellaneous Application [M.A. No.118/2017 in O.A.

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No.115/2016] was filed by the applicant for a direction to the respondent to conduct joint inspection of Sakhi Cheruvu and submit a detailed

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report regarding the demarcation and fixation of FTL and buffer zone. Since we have already directed the authorities to submit a detailed report regarding the same, it is not necessary to appoint any joint committee for this purpose. The question of appointing the joint committee only arises, if the official respondents did not file any proper report regarding the same. So under such circumstances, there is no necessity to appoint a Joint Committee at this stage and the M.A. No.118/2017 in O.A. No.115/2016 is disposed of accordingly.

¶154

15. This interlocutory application [I.A. No.38/2019 in O.A. No.156/2016] was filed by some third parties who want to come on record as respondents to 78 to 103 on the ground that certain actions are being taken against them. This Tribunal has no jurisdiction to go into the question of right or title of the property etc. The aggrieved persons who are affected by the action taken by the authorities are at liberty to challenge the same before the appropriate forum and this Tribunal is not entitled to go into the title dispute and as such, there is no necessity to implead the applicants in I.A. No.38/2019 as claimed by them. So, this application is dismissed with liberty to those persons to challenge the action taken by the authorities before the appropriate forum in accordance with law. With the above observations and directions, this interlocutory application [I.A. No.38/2019 in O.A. No.156/2016] is disposed of.

¶155

Page 22 of 23

¶156

The concerned authorities are directed to file their respective reports as

¶157

directed by this Tribunal in both the cases on or before 28.10.2021 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.

¶158

The Registry is directed to communicate this order to the official

¶159

respondents in both the cases including the Principal Secretary for

¶160

Public Works Department, Irrigation Department, Secretary to Municipal Administration and Water Supply and also to the Lake Protection Committee by e-mail immediately for their information and compliance of the direction.

¶161

For consideration of further reports, post on 28.10.2021.
Sd/-
.....................................J.M.
(Justice K. Ramakrishnan)
Sd/-
................................E.M.
(Dr. K. Satyagopal)

¶162

O.A. No.115/2016 & O.A. No.156/2016, 08^th September, 2021. Mn.

¶163

Page 23 of 23

Human Rights & Consumer Protection Cell Trusts Rep. by Its Chairman - Thakur Rajkumar Singh v. the State of Telangana Rep. by Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Human Rights & Consumer Protection Cell Trusts Rep. by Its Chairman - Thakur Rajkumar Singh v. the State of Telangana Rep. by Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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