Tribunals and CommissionsDivision Bench(2023) 10 NGT CK 0002

Atluri Srivasa Rao Rtd vs State of Andhra Pradesh

National Green Tribunal · Decided on 4 October 2023

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
M.A. No. 96 Of 2023 In Original Application No. 331 Of 2023

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Judgment

15 paragraphs · 338 words
1.

In the Original Application No. 331/2023, the grievance raised was in respect of setting up of flower market at river front side of RL Gautami River by constructing about 80 shops. Further allegation was that the unsold and spoiled flowers were thrown and treated unscientifically emanating bad odour, causing air pollution etc.

2.

The  Tribunal  vide  order  dated  29.05.2023  had  formed  a  joint Committee with the specific direction to take into consideration the issue of permitting trade activities in river flood plain zone and proper management of the waste (solid and liquid) and further preventing any environmental degradation. The OA was accordingly disposed of.

3.

This M.A. has been registered on the basis of the report dated 28.07.2023 submitted by the joint Committee constituted by the Tribunal. The said report reveals the following situation on the spot:-

“In view of the above circumstances, it is found that:

1.

The construction is illegal and has been done without any permission from Mangalagiri Tadepalli Municipal Corporation or River Conservancy Department or CRDA.

2.

No conversion applied from Revenue Department.

3.

Construction is within Krishna River Flood Zone.

4.

As per the farmers of Flower Market case, they are operating 10-15 shops out of 80 currently.

5.

No drainage connection provided for constructed toilets.

6.

Possibility of pollution of the river is there due to dumping of flower waste in the future.

7.

Action will be initiated against the unauthorized construction & Operation of Flower Market subjected to outcome of WP No.5412/2023 of Hon'ble High court of Andhra Pradesh.

8.

As per farmers of the association, the Writ Petition is a motivated WP filed by Vijayawada Flower Market farmers to stop competition.”

4.

Report also reveals that some petitions are already pending before the High Court of Andhra Pradesh.

5.

Since, the matter relates to the Southern Zone Bench of the Tribunal, therefore, it is being transferred to Southern Zone Bench for taking further appropriate action.

6.

The MA is accordingly disposed of for re-registration at the Southern Zone Bench.