The National Green Tribunal, Southern Branch has formed a five member joint committee to ascertain the alleged destruction of mangroves due to construction project initiated by Andhra Pradesh Government in Dummulapeta and Parlopeta areas in Kakinada.
The application has been filed by Satyanarayana Bolisetty in which he has alleged that the construction project initiated by the Government of Andhra Pradesh under the name and style of Navaratnalu – Pedalandaraki Illu programme for the purpose of providing houses for homeless under the Pradhan Mantri Awas Yojana (Urban) Mission by destroying the Mangroves is in violation of the provisions of the Coastal Regulation Zone Notifications 2011 and 2019, Forest Conservation Act, 1980, Wildlife Protection Act, 1972 and other environmental laws.
The two-judge bench of Mr. Justice K. Ramakrishnan and Mr. Saibal Dasgupta however observed that “a letter received from the District Collector, West Godavari, Kakinada as well as the District Forest Officer shows that there were no mangroves/forest in this area and it is a vacant land. The applicant has produced certain Google images to show that the area is covered by mangroves. However, the genuineness of these allegations have to be verified by getting a proper report by a committee to be appointed by this Tribunal.”
The bench also pointed out that since the High Court of Andhra Pradesh had already passed an interim order to maintain status quo it was not necessary for the Tribunal to pass any further interim order in this matte.
The Joint Committee appointed by the Tribunal has to ascertain:
· whether the area in question was a mangrove forest subject to the provisions of Coastal Regulation Zone Notifications 2011 and 2019 requiring any clearance for any project,
· whether any clearance from MoEF & CC or Forest Department is required under the Forest Conservation Act, 1980 and whether permission from the Chief Wildlife Warden is required for commissioning the project as according to the applicant it is adjacent to Coringa Wildlife Sanctuary.
· In order to ascertain the anterior position of the area in question, the committee is to verify the forest cover map maintained by the Forest Survey of India prepared through satellite images for a period of six months prior to the filing of the application and if any violation is found they are directed to mention the nature of violation and also the nature of damage caused to environment and assess the environmental compensation required for restoration of damage caused to environment, including restoration of mangroves in that area.
The bench has directed the committee to inspect and submit the report to this Tribunal within a period of three months through e-mail at [email protected].
-India Legal Bureau