High Court · 2025

Counsel for the Respondent No.1 : Ms.K.SOWMYA,AGP FOR GENERAL ADMIN Counsel forthe Respondent No.2 : GP FOR FORESTS counserf ortheRespondentsNo'3&&rtsi6iti+fl i,l'J^fl lui[ts:RBi Counsel forthe Respondent No.4: GP FOR MA& UD Counsel for the Respondent No.5 : Ms.ROOHI NABEELA, AGP FOR PANCHAYATH RAJ & RURAL OEV counser ror the Respondent No'6 '3F'S?H$XI=3#3itllli,*n counse' ror the Respondent No'7 'iEfiSflYII0$r[=,33f'.o*. =*.= counser ror the Respondent No'e&1';T15.?3,YH""f-Et?i oF tNDrA The Court made the following: ORDER THE HO$'BLE THE CHIEF JUSTICE SRI APARESH_ KITMAR SINGH AND THE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.69 of 2o25 ORDER: Mr. Aakula Sampath Kumar, party-in-person. Ms. K.Sowmya, learned Assistant Government pleader for General Administration Department, appea"rs for respondent No. 1" Ms. Roohi Nabeela, learned Assistant Government pleader for Panchayat Raj and Rural Development, appears for respondent No.5. Mr. I\{ohammed Hussain, learned Government preader for Finance and Planning Department, appearslfor respond.ent No.6. Mr. K. Gautham Reddy, learned Assistant Government Pleader for Industries and commerce Department, appears for respondent No.7. Mr. Zeeshan Adnan Mahmood, learned standing counsel for Pollution controi Board, appears for respondent Nos.3 and B virtually. Mr. N.Bhujanga Rao, learned Deputy solicitor General \ appears for respondent Nos.9 and 1O.

2. Heard Learned counsel for the parties. 2

3. The instant public interest litigation has been preferred with the following prayer: "For the reasons stated in the accompanying affidavit, it is prayed that this Honble Court may be pleased to issue an appropriate writ, order or Directing the Respondents to immediately prevent discharge of untreated sewage and industrial effluents into the River Godavari and its tributaries, Streams and canals. Direct the Respondents to ensure that all existing Sewage Treatment Plants (STPs) are made fully operational, and to expedite. in a time-bound manner, the establishment of sufficient capacity of new sewage and effluent treatment plants in all major towns, villages and industrial clusters along the Godavari basin expeditiously, and to allocate adequate funds and staff for the same. Direct the Respondents to make rules relating to sewage water management rules where it is discharging in to Godavari river, tributaries, streams and canals in accordance with laws and constitution of India. Direct the Respondent No.3 and Respondent No.8 to conduct regular monitoring and water quatity testing of the Godavari River and its streams. tributaries, Canals and to make public disclosures of pollution levels. Further, direct the authorities to publish assessment and analysis reports periodically, at least twice a yeat, to ensure transparency and accountability. Direct fixation of liability and recovery of costs from polluters under the Polluter Pays Principle. Pass such other and further order(s) as this Honble Court may deem frt and proper in the interest of j ustice, environmental protection and sustainable development. "

4. Petitioner relies upon a report on the Godavari River prepared by the Ministry of Jal Shakti, National River I I I J Conservation Directorate and submits that not only urban waste but industriai waste is being drained into the river causing severe pollution. l\s a result, the quality of the aquatic iife has suffered. The waters are also used for drinking and other purposes in the dou,nstrearn areas of the River where millions of people are getting affected. This poses a serious threat to public health and environm ental safety.

5. we have heard party-in-person and pointed out to the jurisdiction ttf the National Green Tribunal constituted under the National Green Tribunal Act, 2olo to deal with such matters effecting substantial questions relating to environment including enforcement of any legal right relating to environment. The learned National Green Tribunal also has the power to grant relief, compensation and restitution. Its jurisdiction encompasses implementation of the enactment specified in Schedule- 1 which inciudes Wal.er (Prevention and Control of pollution) Act, l9Z4 and, also the Environment (Protection) Act, 1996 apart from other enactments. National Green Tribunal has been playing a seminal role in addressing the environmentar issues across India over which it has jrrrisdiction. The report relied upon by the petitioner \ also refers to industrial waste being poured by major industries in the neighbouring States in the river stream. National Green 4 Tribunal having a pan nation jurisdiction would be able to address these issues covering several states through which the famous Godavari River flows. 6- Learned standing counsel for the pollution control Board has submitted that the National Green Tribunal is in seisin of the issue of pollution in the River Godavari as regards the industries at Patancheru. There are 14 such cases in which environmental compensation has also been,awarded to restitute the damage caused. 7 - The petitioner submits that this Court being a constitutional Court has wider powers to effectuate the right to'life guaranteed under Article 21 of the Constitution of India which the National Green Tribunal does not possess. 1' t] t

8. However, we are of the view that the National Green Tribunal has wide powers to remedy such environmental issues. It has been conferred powers as are vested in a civil court under the code of civil Procedure, 1908, for the purpose of discharging its functions under the Act as enumerated under Section 19 thereof. Therefore, we feel that petitioner has a.n effective efficacious remedy to address his concerns about pollution in Godavari River. we, therefore, refrain from entertaining this writ petition on that ) count. Petitioner is at liberty to invoke the jurisdiction of National Green Tribunal for raising his grievance in an appropriate constituted application.

9. with these observations, the writ petition is disposed of. However, there shail be no order as to costs. Miscellaneous apprications pending, if efly, shar stand closed. //TRUE COPY// . SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER To, I I 1 2 3 4 5 6 7 B I 10 of Telangana. [OUT] Telangana at Hyderabad. [OUTI_ 11 12 13.iwo CC"s to'Op fOn PANCHAYATH RAJ, High Court for the State of 14.Tw; dcs t,r Op fOn FTNANCE & PLANNING, High Court for the State of 1s.Two ids to Cp FOR INDUSTRIES & COTUMERCE; High Court for the State 16.One CC-to SRt ZEESHAN ADNAN MAHMOOD, (SC for TS Pollution control of Telangana at Hyderabad. IOUTI Telangana at Hyderabad. [O_U_T] Board). [OPUC]

17.One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia, High

18.Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OPUCI for the State of Telangana at Court for the State of Telangana at Hyderabad 19.Two CCs to GP FOR FOREST, High Court v BSK Hyderabad [OUTI.

20.Two CD Copies. .- --*;.*;+T-;#"*i.{*lqrs#+ffi I I I f HIGH COURT DATE D:1211112025 ORDER WP(P|L).No.69 of 202s :.) i.) r! (( * r:-rl: .S,r,., fr1r:.rL ?W , )i -.i-- .:: i DISPOSED OF THE WRIT PETITION (PtL) WITHOUT GOSTS \il},-