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Judgment
Mr. Perala Shekhar Rao, resident of H.No.11-14-262, Manjeera Heights Phase-2, D Block, Flat no 104 Chitra Layout, LB Nagar Ranga Reddy District Hyderabad, Telangana has sent the present letter petition, complaining that large number of farmers approached and represented to him about the illegal expansion and change of scope of Kaleswaram Project in Telangana State. NGT passed judgment on the illegality in the Kaleswaram project particularly regarding expansion of the project. Despite the judgment of NGT, the irrigation department is going illegally and damaging the fertile agricultural land and water bodies. Due to the force used by the officials of Telangana, two farmers have committed suicide in April, 2022. The proposal of expansion is completely illegal and lacks permission of Union Environment Ministry and Jal Sakti Ministry. The judgment passed by NGT may be implemented and appropriate action may be taken on the illegal construction. The applicant has also attached copy of complaint made to the Ministry of Environment and Forest and Climate Change.
We have gone through the application and documents attached with the same.
This Tribunal, vide order dated 20.10.2020 in Appeal no. 20/2018 titled as Md. Hayath Udin Vs. Union of India, found that the Kaleshwaram Lift Irrigation Scheme (KLIS) Project had been executed in the State of Telangana without requisite prior environmental clearance (EC) and MoEF & CC was directed to constitute a seven Member Expert Committee preferably out of EAC members with relevant sectorial expertise to go into the matter in light of observations made and to assess the extent of damage caused in going ahead with the project without EC (from 2008 to 2017) and identify the necessary restoration measures.
The State of Telangana has filed SLP No. 8454 of 2022 titled as Sriram Gangajamuna & Ors. Vs. The State of Telangana against order dated 12.10.2020 passed by Hon’ble Telangana High Court in case W.P No. 30587/2021. Vide order dated 27.07.2022 Hon’ble Supreme Court of India has directed the parties to maintain status quo in all respect while making it clear that all steps taken by the concerned authorities with regard to the subject matter of the petitions shall be subject to outcome of the petitions.
In view of orders dated 20.10.2020 in Appeal No. 20/2018 titled as Md. Hayath Udin Vs. Union of India and Ors., and order dated 17.06.2021 in M.A No. 40/2021 in Appeal No. 20/2018 titled as Md. Hayath Udin Vs. Union of India and Ors., passed by the Principal Bench of this Tribunal and pendency of the related matter before the Hon’ble Supreme Court, no intervention by this Tribunal by passing any further order in exercise of its jurisdiction under the National Green Tribunal Act, 2010 is warranted in the matter which shall abide by the orders of this Tribunal and Hon’ble Supreme Court.
In view of the above the application is disposed of without prejudice to availing of appropriate legal remedies by the applicant.