Andhra Pradesh High Court Issues Directions Against Encroachment In Water Bodies By Public To Prevent Increasing Disasters

The Andhra Pradesh High Court issued various directions to the Department of Revenue, Department of Irrigation, Department of Panchayat Raj, Department of Municipalities and Municipal Corporations in regard to maintenance and preservation of waterways, among others.

A Writ Petition was filed against the notice of Tahsildar issued for removal of Bridge (ingress and egress to Petitioners’ House) seeking to set aside the same.

The Bench of Justice Gannamaneni Ramakrishna Prasad observed, “These violations on waterways and watercourses in which freshwater or drainage water flows are damaging or destroying the flora and fauna besides causing humongous damage to the human inhabitations. In times of flood, inundation of land by water become virtual death-traps for animals in the wild (in forests) as well as to the humans in the villages, townsandmetropolitan cities. It is also noticed that the violators go scot-freewithimpunity because the existing law, does not have a deterrent effect. Therefore,it is the right time for the Government (law makers) to make laws, rules and regulations to weaponise the Government Departments to achieve this purpose. This law needs to address not only the violators from among the public, but also the Officials who conveniently turn a blind-eye to the acts of violation.”

Advocate K V Aditya Chowdhary represented the Petitioners.

Case Brief

The Petitioners were granted permission with several conditions to build the bridge on both sides of the Ralla Kodu Channel by the Deputy Executive Engineer, Irrigation Subdivision.

However, it was the contention of the Tahsildar as well as the Executive Engineer that the Petitioners in fact has free and convenient ingress and egress on the western side but the Writ Petitioners have closed it by erecting a Garage and had started taking complete access from the southern side where the Petitioners have illegally constructed a concrete bridge.

Court’s Analysis

The Court considered the aspects relating to the encroachments made by the public in water bodies and the consequential disasters that would ensue on account of such encroachments.

The Andhra Pradesh High referred to NITI Aayog’s Report titled “Report of the Committee Constituted for Formulation of Strategy for Flood Management Works in Entire country and River Management Activities and Works related to Border Areas (2021-26).”

While referring to the Report, the Court highlighted the major finding related to floods was construction over lake beds and encroachments of drainage channels have been identified as problems that have exacerbated flooding and inundation in the city.

“Having regard to the above facts where the Petitioners have constructed 62 feet 11 inches of concrete bridge in blatant violation of the permission granted by the Deputy Engineer...that the Writ Petitioners have been utilizing this portion illegally for a considerable length of time and the Irrigation Department also has conveniently ignored the blatant violation of their own directions”, the Court said.

In the light of the above the Court issued the following directions, in public interest, to the Department of Revenue, Department of Irrigation, Department of Panchayat Raj, Department of Municipalities and Municipal Corporations:

1. The above Departments shall ensure that all waterways and or watercourses that carry freshwater as well as drainage water are maintained and preserved in terms of depth, width and length as per the Official Records.

2. The above Departments shall ensure that any construction made by anyone over the watercourses and or waterways that enable flow of fresh water and drainage water shall not in any manner impede, block or ‘cause a bottleneck effect’ either during the normal time or during the time of flood.

3. Concerned Departments shall make periodical visits/inspections along the entire length of such waterways/watercourses preferably once in six months and submit reports to their respective Heads of Departments as regards violations or deviations from permits/licences which are noticed during their visits/inspections with complete measurements of the violations/deviations and the particulars of the violators/deviators.

4. Concerned Heads of the Departments, upon receiving of such reports, shall forthwith cause an enquiry and ensure clearance within fifteen days, by following the due process of law. The above directions shall apply to all waterways and or watercourses, and feeder channels, either man-made or natural.

5. Concerned Heads of Departments shall percolate this Order to all Officers in the whole hierarchy for effective compliance.

Accordingly, the Petition was disposed off.

Cause Title: Magineni Shanmukha Vinay Kumar V. .The State Of Andhra Pradesh & Ors.

Click here to read/download Order.