The National Green Tribunal, New Delhi, has directed a committee to submit a report on whether sufficient precautions are being taken by the authorities while carrying out demolition work of Telangana Secretariat building. The tribunal, however, refused to restrain the State Level Impact Assessment Authority from issuing Environmental Clearance for carrying out the demolition work, saying it is an expert body and no injunction restraining it from exercising the power conferred on it can be granted.
If the parties are aggrieved by Environmental Clearance granted, they can challenge the same by filing an appeal against the same under the National Green Tribunal Act, 2010. The green panel formed a committee comprising senior scientist from Central Pollution Control Board, senior officers from Regional office of Ministry of Environment and Forests, Telangana State Wet Land Authority, State Pollution Control Board and a Professor dealing with environmental engineering from Indian Institute of Technology, Hyderabad. The committee has been asked to inspect the area in question and submit a factual report with suggestions as to whether the precautions are taken during demolition work and disposal of the debris collected. A bench headed by Justice K Ramakrishnan asked the committee what further precautions are being taken to avoid possible pollution and if any damage has been caused to the environment including Hussainsagar Lake situated near the disputed area.
It has also been directed to assess the environmental compensation payable and submit a detailed report regarding the same to the tribunal within two months. The present status of COVID-19 infection cannot be taken as a ground for not conducting the inspection and necessary arrangements should be made for stay and other transport facilities for officers coming from outside the State to carry out the directions issued by this tribunal, the bench said. The committee is directed to submit a report by September 25 through e-mail.
The official respondents are directed to submit their detailed response, the bench said. The tribunal was hearing a plea filed by Congress MP A. Revanth Reddy. The plea filed through advocate Sravan Kumar alleged that the Secretariat demolition work is going on without complying with provisions of Construction& Demolition of Waste Management Rules, 2016 and without getting necessary permissions from the concerned authorities. The construction is being done without obtaining necessary Environmental Clearance and Secretariat Building is situated within 80 metres from the wetland Hussainsagar Lake, the plea said.
Where to hear KLIS case
The Southern Zone Bench of National Green Tribunal (NGT) has sought to know from the Principal Bench of NGT whether a case pertaining to arguments on lack of environmental clearances to Kaleswaram Lift Irrigation Scheme (KLIS) may be heard at here at Chennai or at the Principal Bench at Delhi. To this extent, a communication was sent to the Principal Bench at Delhi.
The case filed by three petitioners came up for hearing before NGT Southern Zone Bench judicial member Justice K. Ramakrishnan and the next hearing was posted for August 5.
According to sources, alleging that the Kaleshwaram project expansion is being implemented without environmental clearances, three persons – T. Srinivas, G. Tirupati and B. Kanakaiah – from Sangareddy district have filed a petition before the NGT Chennai Bench. Including Union of India, Ministry of Forests and Environment, Government of Telangana and Collector of Siddipet, 12 departments were mentioned as respondents in the petition.
The petitioners said in their 17-page petition: “No environmental clearance for three major expansions in the scope of Kaleswaram Lift Irrigation Scheme (KILS). The project proponent has redesigned KLIS to include four new main components that are likely to have severe implications on the environment. These include - Drawal of additional one tmcft of water from Medigadda barrage to Sripada Yellampally project, package number 9 of Kaleshwaram project excluding Malakpet reservoir and including vehicle pocket, for lifting of 11.635 tmcft water in 120 days from Mid-Manair Reservoir at Sircilla to Upper Manair Reservoir at Narmal (village), Gambhiraopet mandal, additional 1.1 tmcft drawal and lifting from foreshore of Devikonda reservoir. It is humbly submitted that the aforementioned features of the project did not find any mention whatsoever in either the pre-feasibility report or the final EIA report submitted to the EAC based on which the project was recommended for environmental clearance.”
In the petition they have also referred to a photo published in The Hindu on how the osutees of Kondapochammasagar have been suffering due to flooding at Rehabilitation and Resettlement Colony at Tunkibollarum in Mulugu mandal. However, Advocate General J. Ramachandar Rao informed the Bench that a case was already pending before the Principal Court and it was not right to hear the case at Chennai Bench. Sravan Kumar, counsel for petitioners, has informed the Bench that his clients were not connected with that case.
(With inputs from R.Avadhani)
Published - July 22, 2020 10:13 pm IST
