item no.17 before the national green tribunal in the

1

Item No.17

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No. 249 of 2017 (SZ)

(Through Video Conference)

IN THE MATTER OF:

Dr. K. Neelima,

1/345, Kothapeta,

Penukonda,

Ananthapur Dist ... Applicant(s)

Vs

1.The State of Andhra Pradesh,

Rep. by its Chief Secretary,

Amaravathi.

2. The Andhra Pradesh State Pollution Control Board,

Rep. by its Member Secretary,

Hyderabad – 500018.

3. The District Collector,

Ananthapur Dist.

4. The Revenue Divisional Officer,

Penukonda.

5. The Mandal Revenue Officer,

Penukonda.

6.The District Panchayat Officer,

Rep. by Secretary,

Penukonda.

2

7. The Gram Panchayat,

Rep. by Secretary,

Penukonda. .. Respondents

Date of hearing: 17.7.2020

CORAM:

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

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s): Mr. Syed Sadiq For Respondent(s): Mrs. Madhuri Donti Reddy

Whether the judgment is allowed to be published on the Internet – Yes/No

Whether the judgment is to be published in the All India NGT Reporeter – Yes/No

Judgment

The above case had been filed by applicant alleging that there were

large scale encroachments into the waterbodies like Bhogasamudram,

Penukonda, Somandapalli Cheruvu, Uppunella Cheruvu etc. The

original size of the Bhogasamudram Lake was 70 Acres which has now

been reduced to half of its size due to encroachments. It is being used

by the villagers illegally for vegetable cultivation and the toxic

pesticides used for cultivation leaches into the soil, thereby affecting

the ground water quality. Rain water collected in that area gets mixed

up with the toxic pesticides and contaminates the lake water which is

used as a drinking water source for residents of Penukonda.

2. It is also mentioned in the application that as per the decision

of the Supreme Court in Civil Appeal No.1132/2011 at SLP (C)

No.3109/2011 dated 28.01.2011 it was reiterated that it is the

responsibility of the local bodies and State Government to protect the

3

water bodies and the area which has been designated as common

area for public enjoyment and they will have to keep it against

trespass. The same view has been reiterated by the Principal Bench of

National Green Tribunal, New Delhi in Original Application

No.177/2013 Sushil Raghav Vs. State of U.P. & Ors.

3. It is also mentioned in the application that under Article 48-A of

the Indian Constitution, theState shall endeavour to protect and

improve the environment and to safeguard the forest and wildlife of

the country. So the applicant filed the present application seeking the

following reliefs:-

“For facts submitted above the applicant prays that Hon‟ble

Tribunal may be pleased to directed to respondents not to

allow the villagers, residents and neighbours of Penukonda

to Contaminate the water bodies by throwing garbage,

cleaning their animals, using the lake for attending nature

calls, by properly fencing the entire water bodies.Immersing

idols in water bodies.

Encroach the lakes and use powerful pesticides, thereby

contaminating the water.

Direct the respondents to make arrangement for temporary

/ artificial ponds or water bodies for idol immersions.”

4.Though, the matter is pending since 2017, none of the

respondents have filed their response in the matter. As per order

dated 30.1.2020, this Tribunal had considered the pleadings in the

4

application and also the submission made on behalf of the State

Government that as per the Supreme Court directions all steps are

being taken to protect the waterbodies and according to them there

was no encroachment in the water bodies. Since the same has not

been given in writing, we constituted a Joint Committee comprising of

District Collector, Ananthapur District, Andhra Pradesh State

Pollution Control Board and any officer from the District Water

Management Authority of Ananthapur District to inspect the area in

question to ascertain the genuineness of the allegations made about

the lake and other water bodies in that area and submit a factual and

action taken report on any violation or encroachment and also on

pollution of the lake and submit as to whether there is any action plan

prepared by the Government which is being implemented through the

district administration for protecting the water bodies in the State of

Andhra Pradesh and if there is such an action plan then what is the

stage of implementation of the same in their district. The Andhra

Pradesh State Pollution Control Board was designated as nodal agency

for co-ordination and for providing necessary logistic for this purpose

The committee was also directed to consider the allegations as to

whether the discharge of untreated effluent or dumping of garbage in

these water bodies was going on and if so, what is the action taken by

them in this regard and posted the case to 19.3.2020 for consideration

of report. On 19.3.2020, the matter was adjourned to 27.3.2020 at

5

the request of counsel for the State for submission of the report. On

27.3.2020, it was adjourned to 16.7.2020 and on 16.7.2020, it was

adjourned to today by successive notifications.

5. When the matter came up for hearing today through Video

Conference , Mr. Syed Sadiq represented M/s. Naidu Associates,

counsel for applicant and Mrs. Madhuri Donti Reddy represented

respondents 1 to 7.

6. Learned counsel appearing for the State submitted that the

report has already been submitted by the joint committee which will

go to show that there is no encroachment and there is no pollution in

the waterbodies as alleged.

7. Learned counsel appearing for applicant also submitted that

he has gone through the report and he is satisfied with the report. He

wanted a direction to be given to the State Government to protect the

water bodies against encroachment and keep the water bodies

pollution free.

8. We have considered the submissions made and also the report

submitted. The main allegation in the application is that there were

large scale encroachments into the waterbodies in Penukonda Village.

The grievance of the applicant is that there is a lake by name

Bhogasmudram which was built by Raja Harihra Rayulu in the year

1336 to 1357 AD. It has great historical importance. As per the

historical records, there was an underground channel from Penna

6

River in Gowribidanuru (the then Karnataka State) to Bhogasmudram

lake, built by Bukka Rayulu. According to applicant, apart from

Bhogasamudram, there are two other waterbodies in Penukonda viz.,

Somandapalli Cheruvu and Uppunella Cheruvu and these two

waterbodies are being subjected to encroachment and also

contamination and people in the area are not able to use the water.

There are encroachments in these two waterbodies by way of

unauthorised cultivation being done by the local residents who are

using pesticides which resulted in producing toxic matters and

contaminating the soil and during rain it is mixed up with the rain

water and leached into the waterbodies, as mentioned above.

9. As per the orders mentioned above, we have constituted a joint

committee to go into the allegations and submit the report.

Accordingly, the joint committee has submitted report dated Nil

which reads as follows:

“Report of the committe submitted in compliance with the Hon‟ble

National Green Tribunal, Southern Zone, Chennai, order dt.30.1.2020

in O.A.No.249 of 2017 filed by dr. K. Neelima vs. The State of Andhra

Pradesh and 6 others.

It is to submit that in the matter of Original Application No.249 of 2017

filed by Dr. Neelima vs. The State of Andhra Pradesh and 6 others, the

Hon‟ble National Green Tribunal, Southern Zone, Chennai has passed

an order dt.30.12020 and directed as below:

7

Considering the circumstances, we feel it appropriate to appoint a

Joint Committee comprising of District Collector, Ananthapur

District, Andhra Pradesh State Pollution Control Board (APSPCB)

and any officer from the District Water Management Authority of

Ananthapur District to inspect the area in question to ascertain the

genuineness of the allegations made about the lake and other

water bodies in that area and submit a factual and action taken

report on any violation or encroachment and also on pollution of

the lake and also submit as to whether there is any action plan

prepared by the Government which is being implemented through

the district administration for protecting the water bodies in the

State of Andhra Pradesh and if there is such an action plan then

what is the stage of implementation of the same in their district.

In compliance with the Hon‟ble NGT order dt. 30.1.2020, a

committee comprising, The Collector & District Magistrate,

Ananthapuramu District, The Project Director, District Water

Management Agency, Ananthapuramu, The Superintending

Engineer, Minor Irrigation Department, Ananthapuramu and the

Environmental Engineer, A.P. Pollution Control Board,

Ananthapuramu was constituted by the Collector & District

Magistgraste, Ananthapuramu District to inspect the area in

question to ascertain the genuineness of the allegations made

about the lake and other waterbodies.

8

As per the orders of the Hon‟ble NGT, the committee inspected

Bhogasamudramu Tank, Uppuneela Cheruvu & Somandepalli

Cheruvu on 27.2.2020 and the report is submitted as below:

Bhogasamudram Tank (Cheruvu):

Bhogasamudram Tank (Cheruvu) is located adjacent to the

Penukonda Village. The original capcity of the Bhogasamudram

Tank is 19.86 Mcft and foreshore submersion area is 43.24 Acres

and the present foreshore area is not reduced as there are no

encroachments. But the capacity of the tank was reduced due to

silting of the tank by flood water which carries mud during rainy

season and it is a common phenomenon in the tanks and

reservoirs. But the capacity of the tank was not reduced by

encroachments or any other means. There is no illegal vegetable

cultivation in the foreshore area and hence there is no scope of

contamination of the tank water. The original tank (cheruvu) has

an Ayacut of 33 Acres but for the past around 10 years the water

was not released for direct irrigation to the Ayacut but sluice was

closed in order to recharge the ground water to provide drinking

water to the Penukonda Village. The tank water directly is not

being used for drinking purpose by Penukonda Village. The said

tank is under the control of Water Resources Department and is

being maintained regularly. There are no encroachments in the

Bhogasamudram tank of Penukonda Village.

9

The officials of A.P Pollution Control Board, Regional Office,

Ananthapuramu collected water samples from Bhogasamudram

Tank (Cheruvu) on 24.2.2020 and submitted to the Zonal

Laboratory A.P Pollution Control Board, Kurool for Analysis. The

Analysis reports reveal that the parameters of the samples

collected are within the standards.

The applicant‟s allegation in OA.No.249 of 2017 stating that there

is a large scale encroachment in the waterbody Bhogasamudram

in Penukonda Village and that there is contamination of the tank

is not true.

Uppuneella Cheruvu:

Uppuneella Cheruvu is located at a distance of 1 Km from

Penukonda Village. The original capacity of Uppunella Cheruvu is

5.00 Mcft and foreshore subversion area is 54.88 Acres and the

present foreshore area not reduced as there are no

encroachments. But the capacity of the tank was reduced due to

silting of the tank by flood water which carries mud during rainy

season and it is a common phenomenon in the tanks and

reservoirs. But the capacity of the tank was not reduced by

encroachments or any other means. There is no scope of

contamination of the tank water. The original tank (cheruvu) has

an Ayacut of 28 Acres but for the past around 10 years the water

was not released for direct irrigation to the Ayacut but sluice was

10

closed in order to recharge the ground water to provide drinking

water to the Penukonda Village. The said tank is under the

control of Water Resources Department and is being maintained

regularly. There are no encroachments in the Uppuneela Chervu

of Penukonda Village. The Uppuneela Chervu is at a distance of

3.5 km in the downstream of Bhogasamuram Tank.

The officials of A.P. Pollution Control Board, Regional Office,

Ananthapuramu collected water samples from Uppuneela Cheruvu

on 24.2.2020 and submitted to the Zonal Laboratory A.P Pollution

Control Board, Kurnool for analysis. The Analysis reports reveal

that the parameters of the samples collected are within the

standards.

The applicant‟s allegation in O.A.No.249 of 2017 stating that there

is large scale encroachment to the water body Uppuneela Cheruvu

in Penukonda Village and that there is contamination of the tank

is not true.

Somandepalli Cheruvu:

The original capacity of Somandepalli Cheruvu is 27.25 Mcft and

foreshore submersion area is 89.68 Acres and the present

foreshore area is not reduced as there are no encroachments. But

the capacity of the tank was reduced due to silting of the tank by

flood water which carries mud during rainy season and it is a

common phenomenon in the tanks and reservoirs. But the

11

capacity of the tank was not reduced by encroachments or any

other means. There is no scope of contamination of the tank water

as there are no sources of contamination in the nearby areas. The

original tank (cheruvu) kas an Ayacut of 309 Acres. Whenever the

tank (cheruvu) reaches sufficient water for irrigation needs, the

water is being released through sluices to the Ayacut in order to

facilitate the farmers to cultivate the crops. The said tank is under

the control of Water Resources Department and is being

maintained regularly. There are no encroachments in the

Somandepalli Cheruvu of Somandepalli Village. Somandepalli

Village is at a distance of 9.20 Km from Penukonda Village.

The Officials of A.P Pollution Control Board, Regional Office,

Ananthapuramu collected water samples from Somandepalli

Cheruvu on 24.2.2020 and submitted in the Zonal Laboratory A.P

Pollution Control Board, Kurnool for analysis. The Analysis

reports reveal that the parameters of the samples collected are

within the standards.

The applicant‟s allegation in O.A.No.249 of 2017 stating that there

is large scale encroachment to the water body Somandepalli

Cheruvu in Somandepalli Village and that there is contamination

of the tank is not true.

An estimate for the improvement and beautification of

Bhogasamudrm tank was prepared for Rs.23.50 lakhs and

12

submitted to the Superintendent Engineer, Irrigation Circle,

Ananthapuramu vide Executive Engineer, I.B Division, Penukonda

Lr.No.73 SEA, dt.25.2.2020, duly incorporating the provisions for

fencing of the foreshore area, strengthening of the tank bund,

repairs to surplus weir, planting flower trees and benches on

bund of the tank in order to provide a lung space to the residents

of Penukonda village. As the Uppuneela Cheruvu, Somanepalli

Cheruvu are located about 1 Km from Penukonda Village and

Somandepalli Village respectively, there is no scope for

contamination of water by any means. However, regular

maintenance is being carried out every year by the Water

Resources Department by which contamination of water can be

arrested. Idol immersion and animal washing in the tank

foreshore will not be allowed in future in order to avoid pollution

and contamination of the tank water.

Conclusion of the committee:

A There are no encroachmets at the three tanks (Cheruvus) viz.,

Bhogsamudram Tank, Uppuneella Cheruvu and Somandepalli

Cheruvu.

B.There is no discharge of any effluent or domestic sewage or

solid waste into the above 3 nos of water bodies.

C. There is no contamination of water in the tanks as there are no

sources of contamination. The analysis reports of the water

13

bodies reveals that the water parameters are within the

standards

4. The applicant‟s allegations in O.A.o.249 of 2017 stating that

there are encroachments of Bhogasamudram Tank, Uppuneela

Cheruvu and Somandepalli Cheruvu are not true. The allegations

of contamination of the water of the three tanks are also not true.

ULR-TC7305190000000519P FORMAT No.APPCB/ZL/KNL/FM/66

ANALYSIS REPORT

Report No.: KNL2002076

Sample source : Bhogasamudram

Cheruvu,Penukonda;,Anantapuramu Dist

Sample code & location :KNK2002076

Sample collected at Bogasamudram Cheruvu near Sri Anjaneya

swamt temple

Sample collected by : Analyst, Regional Office, Anantapuram,

Sample collected on : 24.2.2020

Sample received on : 25.2.2020

Report issued on : 10.3.2020

Sl.

No Parameter

Val

ue

Standar

d Test Method

1 pH 7.2

6.5-

8.5*

APHA (23rd Edition)

4500-H+B: 2017,

14

Page. 4-95 to 4-99

2 Total Suspended

Solids(TSS) <5 --

APHA (23rd Edition)

2540-D: 2017, Page.

2-70 to 2-71

3 Total Dissolved Solids

(TDS) 94 500

APHA (23rd Edition)

2540-C: 2017, Page.

2-69 to 2-70

4 Chemical Oxygen

Demand (COD) 12 --

APHA (23rd Edition)

5220-B: 2017, Page.

5-18 to 5-19

5 Bio chemical Oxygen

Demand (BOD) 1.5

3 or

less*

IS 3025 (Part44): 1993

(Reaffirmed 2014)

6

Chlorides (as CI) 9 250

APHA (23rd Edition)

4500-CI B: 2017,

Page. 4-75 to 4-76

7

Sulphates (as So42) <4 200

APHA (23rd Edition)

4500-SO4 E: 2017,

Page. 4-199 to 4-200

8

Fluorides (F) 0.5 1.0

APHA (23rd Edition)

4500-F B&D: 2017,

Page. 4-87 -4-88, &

Page. 4-90 to 4-91

15

9

Phosphates (as PO43) <0.

1

--

APHA (23rd Edition)

4500-P D: 2017, Page.

4-163 to 4-164

10 Total alkalinity (as

CaCo3) 69 200

APHA (23rd Edition)

2320-B: 2017, Page.

2-37 to 2-39

11

Total Hardness (as

CaCo3) 52 200

APHA (23rd Edition)

2340-C: 2017, Page.

2-48 to 2-50

12

Calcium (as Ca) 15 75

APHA (23rd Edition)

3500-Ca B: 2017,

Page. 3-69 to 3-70

13

Magnesium (as Mg) 3 30

APHA (23rd Edition)

3500-MG B: 2017,

Page. 3-86

14

Sodium (as Na) 15 --

APHA (23rd Edition)

3500 Na B: 2017,

Page. 3-99 - 3-100

15

Potassium (as K) 3 --

APHA (23rd Edition)

3500-KB: 2017, Page.

3-89 to 3-90

16 Dissolved Oxygen 7.0 5 or APHA (23rd Edition)

16

(DO) more* 4500-O C: 2017, Page.

4-146 to 4-148

17 Ammonical Nitrogen

(as NH3-N)

BD

L 0.5

APHA (23rd Edition)

4500-NH3 C: 2017,

Page. 4-116

18 Total Coliform 400

500 or

less*

Colony forming unit

method

19 Fecal Coliform Nil Nil

Colony forming unit

method

Remarks:

1. All values are expressed in mg/l except pH; Tubidity in NTU;

Coliforms in cfu/100ml.

2. Results are related to samples(s) as received.

3. Parameters from Sl.No. 17 to 20 are Non-NABL parameter.

4. * These standards are applicable for Class-„B‟ i.e., Outdoor

bathing (organized) as per Water Quality Criteria of Central

Pollution Control Board (CPCB) and the remaining standards are

as per requirement (Acceptable Limit) of Drinking Water

Specification IS 10500 : 2012 of Bureau of Indian Standards.

5. Below Detectable Limit – (BDL)

Senior Environmental Scientist (FAC)

ULR-TC7305190000000524PFORMAT No.APPCB/ZL/KNL/FM/66

ANALYSIS REPORT

17


Sample source : Uppuneela Cheruvu, Ugapagarikunta,

Penukonda, Anantapuramu

Sample code & location : KNL2002077 Sample collected at

Uppuneela Cheruru

Sample collected by : Analyst, Regional Office, Anantapuramu.




Sl.

No Parameter

Val

ue

Standar

d Test Method

1

pH 7.9 6.5-

8.5*

APHA (23rd Edition)

4500-H+B: 2017,

Page. 4-95 to 4-99

2 Total Suspended

Solids(TSS)

26 --

APHA (23rd Edition)

2540-D: 2017, Page.

2-70 to 2-71


(TDS) 174 500

APHA (23rd Edition)

2540-C: 2017, Page.

2-69 to 2-70

4 Chemical Oxygen

Demand (COD) 18 --

APHA (23rd Edition)

5220-B: 2017, Page.

18

5-18 to 5-19


Demand (BOD) 2

3 or

less*

IS 3025 (Part44): 1993

(Reaffirmed 2014)

6


APHA (23rd Edition)

4500-CI B: 2017,

Page. 4-75 to 4-76

7

Sulphates (as So42) 4 200

APHA (23rd Edition)

4500-SO4 E: 2017,

Page. 4-199 to 4-200

8


APHA (23rd Edition)

4500-F B&D: 2017,

Page. 4-87 -4-88, &

Page. 4-90 to 4-91

9

Phosphates (as PO43) 0.1 --

APHA (23rd Edition)

4500-P D: 2017, Page.

4-163 to 4-164

10

Total alkalinity (as

CaCo3) 108 200

APHA (23rd Edition)

2320-B: 2017, Page.

2-37 to 2-39

11 Total Hardness (as

CaCo3) 73 200

APHA (23rd Edition)

2340-C: 2017, Page.

2-48 to 2-50

19

12


APHA (23rd Edition)

3500-Ca B: 2017,

Page. 3-69 to 3-70

13


APHA (23rd Edition)

3500-MG B: 2017,

Page. 3-86

14


APHA (23rd Edition)

3500 Na B: 2017,

Page. 3-99 - 3-100

15


APHA (23rd Edition)

3500-KB: 2017, Page.

3-89 to 3-90

16 Dissolved Oxygen

(DO) 5.9

5 or

more*

APHA (23rd Edition)

4500-O C: 2017, Page.

4-146 to 4-148

17 Ammonical Nitrogen

(as NH3-N)

BD

L 0.5

APHA (23rd Edition)

4500-NH3 C: 2017,

Page. 4-116


500 or

less*

Colony forming unit

method

19 Fecal Coliform Nil Nil

Colony forming unit

method

Remarks:

20











Senior Environmental Scientist (FAC)

ULR-TC7305190000000522P FORMAT No.APPCB/ZL/KNL/FM/66

ANALYSIS REPORT


Sample source : Somandapalli Cheruvu, Somandepalli,

Anantapurau district

Sample code & location : KNL2002078: Sample collected at

Somadepalli

Sample collected by : Analyst, Regional Office, Anantapuramu.




21

Sl.

No Parameter

Val

ue

Standar

d Test Method

1

pH 7.8 6.5-

8.5*

APHA (23rd Edition)

4500-H+B: 2017,

Page. 4-95 to 4-99

2 Total Suspended

Solids(TSS)

31 --

APHA (23rd Edition)

2540-D: 2017, Page.

2-70 to 2-71


(TDS) 202 500

APHA (23rd Edition)

2540-C: 2017, Page.

2-69 to 2-70

4

Chemical Oxygen

Demand (COD) 16 --

APHA (23rd Edition)

5220-B: 2017, Page.

5-18 to 5-19


Demand (BOD) 1.8

3 or

less*

IS 3025 (Part44): 1993

(Reaffirmed 2014)

6


APHA (23rd Edition)

4500-CI B: 2017,

Page. 4-75 to 4-76

7

Sulphates (as So42) <4 200

APHA (23rd Edition)

4500-SO4 E: 2017,

Page. 4-199 to 4-200

22

8


APHA (23rd Edition)

4500-F B&D: 2017,

Page. 4-87 -4-88, &

Page. 4-90 to 4-91

9

Phosphates (as PO43) 0.1 --

APHA (23rd Edition)

4500-P D: 2017, Page.

4-163 to 4-164

10 Total alkalinity (as

CaCo3) 152 200

APHA (23rd Edition)

2320-B: 2017, Page.

2-37 to 2-39

11 Total Hardness (as

CaCo3) 50 200

APHA (23rd Edition)

2340-C: 2017, Page.

2-48 to 2-50

12


APHA (23rd Edition)

3500-Ca B: 2017,

Page. 3-69 to 3-70

13


APHA (23rd Edition)

3500-MG B: 2017,

Page. 3-86

14


APHA (23rd Edition)

3500 Na B: 2017,

Page. 3-99 - 3-100

23

15


APHA (23rd Edition)

3500-KB: 2017, Page.

3-89 to 3-90

16 Dissolved Oxygen

(DO) 6.8

5 or

more*

APHA (23rd Edition)

4500-O C: 2017, Page.

4-146 to 4-148

17

Ammonical Nitrogen

(as NH3-N)

BD

L 0.5

APHA (23rd Edition)

4500-NH3 C: 2017,

Page. 4-116


500 or

less*

Colony forming unit

method

19

Fecal Coliform Nil Nil

Colony forming unit

method

Remarks:










24


Senior Environmental Scientist (FAC)”

The conclusion of the report shows that there is no encroachment

and there is no discharge of any effluent or domestic sewage or solid

waste into the waterbodies mentioned above. There is no

contamination of water in the tanksand the result of the water

analysis from the water samples taken from the waterbodies shows

that they conformed to the standards for ‘B’ category (outdoor bathing

(organised).

10. They have also produced some photographs to show the

present status of the waterbodies which shows that they are clean

and well maintained. It is also mentioned in the report that an

estimate for the improvement and beautification of Bhogasamudram

tank was prepared for Rs.23.50 lakhs and submitted to the

Superintendent Engineer, Irrigation Circle, Ananthapuramu vide

Executive Engineer, I.B Division, Penukonda Lr.No.73 SEA,

dt.25.2.2020, duly incorporating the provisions for fencing of the

foreshore area, strengthening of the tank bund, repairs to surplus

weir, planting flower trees and benches on bund of the tank in order

to provide a lung space to the residents of Penukonda village. It is

also mentioned that there is no scope for contamination, as these

waterbodies are situated 1 km from the Penukonda village and

regular maintenance is being carried out every year by the Water

25

Resources Department by which contamination of water can be

arrested. Idol immersion and animal washing in the tank foreshore

will not be allowed in future in order to avoid pollution and

contamination of the tank water.

11. So the report shows that all necessary steps have been taken

by the authorities as mentioned earlier. Under Article 48-A of

Constitution of India, there is a responsibility vested in the State

Government to maintain the waterbodies and other natural resources

like forest and wildlife. Further, the Hon’ble Apex Court as well the

National Green Tribunal, time and again has reiterated the

responsibility of the State Government as well as authorities to

maintain the waterbodies free from trespass and pollution. The State

Government is duty bound to provide clean environment including

water and air which is part of right to life as enshrined under Article

21 of the Constitution of India.

12. In view of the report submitted, we feel that the report can be

accepted and the application can be disposed of with the following

directions:

So the application is disposed of as follows:

(i)The report submitted by the joint committee is accepted.

(ii) The State of Andhra Pradesh as well as its subsidiary Departments

who are incharge of the waterbodies are directed to maintain the

above waterbodies against encroachment and keep it pollution free.

26

(iii) The State of Andhra Pradesh and its Departments are directed to

consider the feasibility of establishing bio-diversity park/tree planting

around the waterbodies so that further encroachment into the

waterbodies can be avoided in future.

(iv) The State Government is directed to take steps to prevent

immersion of idol and animal washing in the tank foreshore, as

undertaken by the departments in the report.

With the above directions and observations, the application is

disposed of.

...................................J.M.

(Justice K. Ramakrishnan)

.......................................E.M.

(Sri. Saibal Dasgupta)

O.A. No.249/2017 17.7. 2020 Kkr

item no.17 before the national green tribunal in the

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