Hyderabad: In a relief to the state government, the Hyderabad High Court on Wednesday set aside the stay by the National Green Tribunal on the construction of the drinking water component of the Kaleswaram lift irrigation scheme.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice J. Uma Devi, while allowing the government’s writ petition against the NGT stay, made it clear that the government should neither encroach upon any part of reserve forest for the project nor fell trees till the NGT passes fresh orders and final forest clearance is obtained from the Centre.
The bench directed the government not to start construction of distributaries and channels, or undertake ancillary works relating to the irrigation component without obtaining environmental clearance.
The bench also observed that it was fatal that the Principal Bench, the National Green Tribunal has failed to examine the jurisdictional issues raised by the state government before passing the interim order.
Applicant told to point out violations
While allowing the plea of the government, the bench granted liberty to Mohd. Hayathuddin, applicant before the NGT, to bring to the notice of the High Court or NGT if there was any violation of the directions of the Court by the state government.
Remanding the matter to the NGT, the bench said it would be open to the Principal Bench, NGT, even before it rules on its jurisdiction to entertain the application, to take necessary action against the state for violations, if any, brought to its notice, including directing them to stop all construction activity even in relation to the drinking water component of the project.
