NGT directs Andhra Pradesh Government to pay ₹5 Crore interim compensation for damaging mangroves for housing scheme

The National Green Tribunal at Chennai on Monday directed the State of Andhra Pradesh to pay an interim compensation of ₹5 Crores for destruction of around 18 acres of mangroves in coastal areas of Kakinada District. [Satyanarayana Bolisetty vs The Union of India].A bench of judicial member Justice S Ramakrishnan and expert member Dr Satyagopal Korlapati observed that as per Bombay High Court's judgment in Bombay Environmental Action Group & Anr. Vs. State of Maharashtra & Ors, it was clear that the role played my mangroves in protecting the marine ecosystem is invaluable."So, it is clear from the above decision that the role played by mangroves in protecting the marine ecosystem is invaluable and it is too sensitive in nature and it will not survive in eco-sensitive system which is not conductive for its existence and destruction of the same will have great impact on marine ecology," the Tribunal said..The application was filed against the State of Andhra Pradesh alleging that it was illegally destroying 100 acres of ecologically sensitive mangroves in Dummulapeta, Parloipeta of Kakinada District in the State of Andhra Pradesh, an area classified as CRZ-I and CRZ-IA under the CRZ (Coastal Regulation Zone) Notification, 2011 and 2019 respectively.The destruction was taking place since March 14, 2020, for a Government Housing scheme, at the additional cost of the local fisher folk whose livelihood as well as security is entirely dependent on the mangrove cover of the region, it was alleged. Advocate Sanjay Upadhyay on behalf of the applicant argued that the mangroves in dispute were a deemed forest as declared by the Supreme Court in T.N. Godavarman Thirumulpad vs. Union of India & Ors. and thus, removal of mangroves within the area would entail a violation of the Forest (Conservation) Act, 1980, CRZ Notification, 2011, as well as the Wildlife (Protection) Act, 1972 by virtue of the same being located near the Coringa Wildlife Sanctuary and forming a part of the East Godavari River Estuarine Ecosystem. The Tribunal appointed Joint Committee submitted a report to the NGT on March 17, 2021, confirming the destruction of nearly 30% of the mangrove area at the site and recommending development of mangroves in another area. The committee also directed the district administration not to proceed with the township project and to take remedial measures for rejuvenation of mangroves. The Tribunal rejected the recommendation of the Joint Committee regarding development of the mangroves in an alternate area, thus holding that the State of Andhra Pradesh is liable to pay compensation apart from the cost of restoration of damage. It restrained the State of Andhra Pradesh from carrying on further construction and proceeded to direct for removal of obstruction caused to the creek, for provision of box type vents for promotion of growth and preservation of the mangroves and for preparation of a plan for the entire 58 acres of forest cover to be turned into a full-fledged mangrove forest. Further, the Tribunal rejected the assessment of compensation by the Joint Committee based on the carbon sequestration methodology at Rs. 33 lakhs and reassessed the interim compensation to Rs.5 Crore payable by the State of Andhra Pradesh. Additionally, it appointed a Committee to further assess the nature of the restoration process as well as the value of the mangroves and the final compensation to be deposited by the State Government.The committee will comprise one member each from National Coastal Zone Management Authority (NCZMA), Andhra Pradesh Coastal Zone Management Authority, MS Swaminathan Research Foundation, East Godavari Estuarine Ecosystem Foundation, Salim Ali Centre for Ornithology and Natural History and National Centre for Sustainable Coastal Management..[Read Judgment]