Socialist Party (India)

28 JANUARY 2021- NATIONAL GREEN TRIBUNAL, CHENNAI, HEARD THE CASE OF RESTORATION OF MAMASANI KUNTA AND ITS HYDROLOGY, PUPPULGUDA VILLAGE, GANDIPET MANDAL, RR DISTRICT.

CASE NO. OA 39/2020 – JOINT COMMITTEE REPORT OF SURVEY DATED 12 AUGUST 2020 WAS CONSIDERED – NGT TOOK COGNIZANCE THAT WATER BODY TO BE RESTORED IRRESPECTIVE OF SURVEY NUMBERS OF CONSTRUCTION SITE OR WATER BODY.

Petitioner had approached NGT Chennai for restoration of Mamasani Kunta and its hydrology, Puppulguda village, Gandipet Mandal, RR district. As per order of 26 February 2020, joint committee submitted report of its survey dated 12 August 2020.

Petitioner stated that joint committee did not inform petitioner of their visit, whereas all the respondents were present in the site visit. Thus, the petitioner was denied a due chance to explain her version. She also told that no respondent filed any reply except Phoenix.

GHMC and Phoenix counsels argued that Mamasani Kunta was present in Survey No. 288 and Phoenix construction was ongoing in Survey No. 286 hence petitioner is wrong. They also cited the joint committee report that states the same contention of respondents.

Petitioner drew attention of judges to the fact that respondents and JC have admitted existence of Mamasani Kunta then they should show and restore the lake and its hydrology as represented earlier. She showed the geo tagged picture from her earlier representation to NGT dated 13 August 2020, where the TSIIC, Phoenix, and all respondents are witness to the fact that 6.35 meters (measured by respondents before petitioner) culverted channel was excavated in the Phoenix construction site and the execution of this work in November – December 2019 was on record with all respondents and with petitioner.

As the channel was opening up in the Phoenix site, all respondents diverted the 6.35 meter channel through laying pipes on the road and destroyed hydrology of lake instead of restoring the lake.

Regarding construction of Phoenix petitioner argued that phoenix has obtained Environment Clearance by stating false information in their Environment report. Existence of water bodies in the vicinity of the site mention of which is mandated in EC application is not mentioned, which the petitioner already informed in her application dated 13 August 2020.

Phoenix/GHMC argued that petitioner diverting case from water body to construction. Judges asked Phoenix to submit objection to petitioner’s representation if any.

When judge asked petitioner why matter is not settled when JC report tells that waterbody is in Survey No. 286 and lake is in Survey No. 288 and construction is only in 286 and not in 288; petitioner informed that her RTI application calling for areas of survey numbers is at appeal stage with RDO Rajendranagar.

While, there is every possibility that areas/extent of survey numbers may have been altered, but fact is that respondents agreed existence of lake and they excavated the 6.35 meter wide channel inside the Phoenix construction site. Hence channel, lake and entire hydrology need to be restored and not diverted.

NGT took cognizance that irrespective of survey numbers water body Mamasani Kunta must be restored. NGT ordered government to file their replies.

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See image below of officials measuring culvert inside Phoenix site in petitioner presence on 7 January 2020 at 17°24’20.66″N, 78°20’46.92″E, south of culvert. After case filed they diverted the channel by piping it on the road: