Item No. 19

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No. 175 of 2017 (SZ)

IN THE MATTER OF:

1) Sri Muppalla Srinivasa Rao, S/o. China Veeraiah, aged about 42 years, R/o. Devarapalli Village, Parchur Mandal, – 523 169.

2) Sri Pullela Subba Rao, S/o. Veeraiah, aged about 36 years, R/o. Devarapalli Village, Parchur Mandal, Prakasam District – 523 169.

...Applicant (s)

WITH

1) State of Represented by its Principal Secretary, Revenue Secretariat, Amaravathi, District – 522 020.

2) The Principal Secretary, Environment, Forest, Science and Technology, State of Andhra Pradesh,

3) The District Collector, Prakasam District, Collectorate Buildings, Town, Prakasam District, Andhra Pradesh – 523 002.

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4) The District Panchayat Officer, Prakasam District, Andhra Pradesh – 523 002.

5) The Revenue Divisional Officer, Ongole Revenue Division, Ongole Town, Prakasam District, Andhra Pradesh.

6) The Tahsildar, Parchur Mandal, Parchur, Prakasam District – 523 002.

7) The Grampanchayat, Represented by its Secretary, Devarapalli Village, Parchur Mandal, Prakasam District, Andhra Pradesh – 523 169. ... Respondent(s)

Date of hearing: 19.12.2019

CORAM: HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s): None

For Respondent(s): M/s. H. Yasmeen Ali for R1 to R7.

ORDER

The present application was filed by applicant seeking the relief of removal of encroachment and restoration of water bodies. According to the applicant, there is a water body called Krishnamraju Cheruvu (Pedda

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Cheruvu) which is situated in Sy. No.159-1 of Devarapalli Village, Parchuru

Mandal, Prakasam District, Andhra Pradesh. According to the applicant this is being used as a water source for the villages and the livestock in the village.

The Prakasam district is declared as drought affected district in the state of Andhra Pradesh. The Parachur mandal is totally dependent upon the south west monsoon. In view of depletion of forest cover and green belt the rainfall during the monsoon has come down drastically. The water body was having an extent of 39.37 cents and there is a possibility of encroachments.

The applicant requested the seventh respondent to conduct the survey of the tank and fix the boundaries and protect the same against encroachment.

Thereafter the Grampanchayat resolved to develop and to de-silt the tank under Neeru Chettu (Water and Tree) Programme to meet the scarcity of drinking watter during the summer season. At that point of time, some of the villagers have attempted to occupy the tank poramboke land with a view to grab the same. When the revenue authorities have objected, they have filed a

Writ Petition before the Honourable High Court of Hyderabad as W.P.

No.17380 of 2015, alleging that they are in possession of part of the land and the revenue authorities are interfering with their possession without following the due process of law and the Honourable High Court granted interim orders as follows:

“There shall be a direction to the respondent

authorities to verify as to which of the petitioners are in

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possession of the subject land and if they are found to be so,

the respondents authorities should not interfere with their

possession, except in accordance with the due procedure

laid down by law”

Then proceedings were initiated and issued and notices were issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 and evicted the encroachment and handed over the tank to the Grampanchayat and a board was also erected on the bund of the tank on 21.09.2016.

It is also alleged in the petition that on 24.06.2017, some of the villagers under the leadership of CPI (M) and various organizations, assembled in

Devarapalli village and conducted a meeting and proceeded to occupy the

Krishnamraju tank poramboke land forcibly and removed the board erected there and the respondent authorities are making effort to grant assignment in favour of the alleged encroachers by closing the tank.

The Honourable Apex Court in C.A. No.4787 of 2011, dated 25.07.2011 was pleased to observe that the material sources of community like forests, tank, ponds, hillocks, mountains etc., are nature’s bounty. They maintain delicate ecological balance. They need to be protected for proper and healthy environment, which enables people to enjoy a quality of life, which is the essence of right to life as envisaged under Article 21 of the Constitution of

India. It is further submitted that as per the G.O. Ms. No 188 PR & RD, dated

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21.07.2011, Government of Andhra Pradesh has clarified that all public water works, all public water courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works (as per section 80 of the Andhra

Pradesh Panchayat Raj Act), minor irrigation tanks, tank bunds and all water bodies and vested porambokes (Grazing lands threshing floors, burning and burial grounds, cattle stands, cart stands topes) vest in the Gramapanchayats.

The said G.O. was issued by the government of Andhra Pradesh in obedience to the orders of Honourable Supreme Court in C.A. No.1132 of 2011. But the respondent authorities in order to satisfy their political bosses are now trying to alienate the tank by granting assignments in favour of unruly land grabbers.

So, the applicant, with a view to protect the tank as a person interested in protecting the environment filed this petition seeking the following reliefs:-

“For the facts submitted above the applicant prays that

Honourable Tribunal may be pleased to declare action of the

respondent authorities in not protecting the water tank called

Krishnamraju Cheruvu (Pedda Cheruvu) situated in Sy. No.

159-1 of Devarapalli Village, Parchuru Mandal, Prakasam

District, as illegal, arbitrary, capricious, high handed, violated of

all cannons of law and justice and consequently direct the

respondents herein to protect and develop Krishnamraju Cheru

(Pedda Cheruvu) situated in Sy.No. 159-1 of Devarapalli

Village, Parchuru Mandal, Prakasam District, Andhra Pradesh

and to pass such other order or further orders as this

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Honourable Tribunal deems fit and proper under the

circumstances of the case.”

When the matter was first taken up on 17.08.2017, this Tribunal prima facie found that this matter has to be admitted and also observed that tank or the tank poramboke cannot be allowed to be alienated or to change its character as a water body and passed an order that the tank and tank poramboke cannot be used for any other purpose including its alienation and the respondents were directed maintain status quo till 19.09.2017.

Thereafter this matter was adjourned from time to time and no effective orders were passed. Third respondent / District Collector filed a detailed counter statement admitting that Krishnam Raju Tank is a water body as entered in the revenue records, and also reiterated the interim order passed by the Honourable High Court of Andhra Pradesh in W.P. (PIL) SR No.

159685/2017 as follows:-

“.... for a period of (2) weeks from today, the respondents

shall protect the Krishnamraju Cheruvu tank, of an extent of

Ac.39.37 cents situated in S.No.159/1 of Devarapalli Village,

ensure that no person enters or use the subject tank for any

propose and the water in the tank is to be used only to meet the

drinking water requirements of the village. The petitioner shall,

in the meanwhile, comply with the objections of the Registry.

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Post on 29.08.2017, by which date both respondents 2 and 5

shall submit their reports explaining the steps taken by them to

prevent encroachment in the subject tank”

Pursuant to the orders of the Honourable High Court, Andhra Pradesh, necessary steps have been taken to prevent the encroachment in the subject tank and a report was submitted to the Registrar, Honourable High Court by the District Collector, Ongole and thereafter the Honourable High Court passed an order in WP (PIL) SR No. 159685 of 2017 and W.P. Nos.24566 and 25127 of 2017 as follows:-

“to determine the extent of land, which falls within the

FTL limit of the subject tank, take immediate steps to construct

a bund to ensure that the subject tank is capable of storing

water during the rainy season, upto the FTL limits. The

Honourable High Court further directed the District Collector to

take necessary action in that regard and submit report to the

Honourable High Court by 10.10.2017”

Pursuant to the order of Honourable High Court the following steps have been taken,

“(i) The land of Acs.39.37 in S.No.159/1 of Devarapalli

village of Parchur Mandal, wherein the Krishnam Raju Cheruvu

located, was got measured and boundaries fixed and shown to

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the Irrigation Department, on 23.09.2017 by the Deputy Inspector

of Survey, RDO’s Office and the Mandal Surveyor, Parchur.

(ii) Administrative sanction was accorded by the District

Collector, vide Collector’s Ongole E.Office File No.SEIONG-

M10 NC (AA) 56/2017 – SE – SEIRG, dated 23.09.2017, for

the work of formation of bund to Krishnam Raju Cheruvu,

Devarapalli Village, Parchur Mandal, at an estimated cost of

Rs.27.35 lakh, under Neeru-Pragati Programme.

(iii) Tenders were also called for to execute the above

work by the Superintending Engineer, Irrigation vide Short

Tender Notice No.143/2017-18, dated 27.09.2017, inviting

bidders according to which the last date for receipt the tenders

is 09.10.2017 upto 15.00 hrs.”

According to the District Collector, pursuant to the order of the

Honourable High Court steps have been taken and survey was conducted

FTL limits were fixed and the action has been taken to remove the encroachment within the FTL limit and restored the tank and necessary steps have been taken to protect the tank from further encroachment by fencing the same. So, there is no encroachment now survives.

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In view of the fact that as per the directions of the Honourable High

Court of Andhra Pradesh, the District Collector has already taken steps to survey the subject tank, fixed the FTL and removed the encroachment found and made necessary arrangements to protect the same against the further encroachment by providing fencing around the tank and now free from encroachment and there is no encroachment subsist.

In view of the fact there is nothing survive in the matter, we feel it appropriate to direct the Government of Andhra Pradesh to protect and preserve the water bodies taking into account its importance in balancing the ecology and water recharge facility to meet scarcity of water and also establish bio diversity parks around the tank or create green belt so as to increase the green cover so as to reduce the carbon foot print and to observe the carbon produce in atmosphere and provide clean environment and fresh air. This will also increase the biological diversity as well.

The Chief Secretary, State of Andhra Pradesh is directed to look into the matter as to whether any illegal assignments have been made earlier which resulted in encroachment of the tank, then conduct enquiry in this regard and take appropriate action against the erring officer in accordance with law and submit a report to this Tribunal through e-mail @ [email protected] within a period of six month.

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The Registry is direct to communicate this order to the Chief Secretary,

State of Andhra Pradesh.

With the above direction and observation, this application is disposed of.

...... J.M.

(Justice K. Ramakrishnan)

...... E.M. (Saibal Dasgupta)

19th December, 2019. Mn.

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