Telangana High Court refuses to accept PIL over Godavari pollution

Telangana High Court refuses to accept PIL over Godavari pollution

The Telangana High Court on Wednesday refused to entertain a public interest litigation (PIL) related to severe pollution in Godavari river, and directed the petitioner to invoke the jurisdiction of the National Green Tribunal (NGT).

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The bench, comprising Chief Justice Aparesh Kumar Singh and Justice Muhyiddin, was dealing with the PIL, which relied on a report issued by the Ministry of National River Conservation Directorate of Jal Shakti, which highlighted that not only urban waste but also industrial waste was being discharged into the river.

The NGT, “which has comprehensive jurisdiction, will be able to address these issues covering several states through which the famous Godavari river flows,” the court said.

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This severe pollution has reportedly affected aquatic life and is contaminating water used for drinking and other purposes downstream, affecting millions of people and “poses a serious threat to public health and environmental safety,” said petitioner Akula Sampath Kumar, a law student.

The court also noted that the report relied upon by the petitioner refers to industrial waste discharged by major industries in neighboring states.

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After hearing the petitioner (the party in person), the bench noted “the jurisdiction of the National Green Tribunal, established under the NGT Act, 2010, to deal with substantive matters relating to the environment, including the enforcement of any legal right relating to the environment.” The court emphasized the court’s broad powers, noting that its jurisdiction includes the implementation of key legislation such as the Water (Prevention and Control of Pollution) Act 1974 and the Environment Protection Act 1986.

When the petitioner’s lawyer claimed that the Constitutional Court had broader powers to enforce the right to life, the panel strongly rejected the request, saying: “However, we consider that this request is incorrect.” The court strongly upheld the NGT as the appropriate forum, stating that the court is “more qualified, more appropriate and can exercise jurisdiction.”

Rahul V Pisharody

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Rahul Pisharody is Assistant Editor at Indian Express Online and has been covering IE on various news developments from Telangana since 2019. He is currently reporting on legal matters from the Telangana High Court. Rahul started his career as a journalist in 2011 with The New Indian Express and has worked in various roles in the Hyderabad bureau for over 8 years. As deputy editor of Metro, he was in charge of the newspaper’s Hyderabad bureau and coordinated with the team of city reporters, district reporters, other centers and the internet desk for over three years. A native of Palakkad in Kerala, Rahul holds a Master’s degree in Communications (Print and New Media) from the University of Hyderabad and a Bachelor’s degree in Business Administration from Paris Saint-Germain College of Arts and Sciences, Coimbatore. …Read more

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(Tags for translation) Telangana High Court

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