The High Court of Telangana passed a judgment on 24 March, 2023 stating that the protection of environment is a human right .It was stated in the case of Kommera Ravinder Reddy, vs The State Of Tenlangana (W.P. No. 5026 of 2023) which was passed by the single judge bench comprising of HONOURABLE JUSTICE SUREPALLI NANDA
FACTS OF THE CASE:
The petitioner is a resident of Madhavpur Village, Ganneruvuaram Mandal, Karimnagar District and the said village is consists of a water tank namely OoraCheruvu in Sy.No. 542 and the same is used by the villages for agriculture, fishing and many other purpose.One Mr. Madgula Ravinder Reddy (6th respondent herein), along with his henchmen and local politicians have hatched a plan to encroach the OoraCheruvu for their personal gains without permission from competent authorities and started excavating soil from OoraCheruvu and dumping the same on the other side of the Dam.Assistant Engineer of Irrigation, Ganneruvuaram visited the site and submitted the report to the 4th respondent and 4th respondent in turn had addressed a letter dated 09.02.2023 stating that the villager are illegally excavating the soil in Shikam Area and are dumping the same in submergence area and further requesting the 5th respondent to take necessary action. Inspite of bringing the issue to the notice of 5th respondent on 09.02.2023, no action had been taken so far. Respondent despite having full knowledge of the illegal activity, neither tried to stop nor took any action on such illegal excavation of OoraCheruvu. Further, the letter issued by the 4th respondent is a formal letter to project that the respondents are action upon the excavation. The 6th respondent, having the brains and brawn had been influencing the respondents in excavating the sand from OoraCheruvu on the pretext of wanting to construct the Sri Rama Temple. The petitioner once again made a representation to the 4th respondent bringing to into the notice the illegal action of the 5th respondent but no action till date had been taken
JUDGEMENT OF THE CASE
The fact of excavation of the soil in Shikam area of the Ooracheruvu, Madhapur Village and dumping of the same soil in the tank submergence area and the fact that the work, though was stopped on the day of inspection i.e. on 07.02.2023, but yet the said work commenced again on 09.02.2023, and therefore, this Court opines that the writ petition should be allowed as prayed for. The Respondents No.2 to 5 are directed to take appropriate action and stop the illegal encroachment and excavation of soil from the Ooracheruvu/tank situated at Madhapur Village, Ganneruvaram Mandal, Karimnagar District duly considering Petitioner’s representation dt. 13.02.2023 within a period of 2 weeks from the date of receipt of the copy of the order duly taking into consideration the contents of the letter dt. 09.02.2023 vide Letter addressed by the 4th Respondent to the 5th Respondent herein. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
