Monday 16 December 2013

Andhra Lokayukta orders implementation of WALTA

U Sudhakar Reddy
Lokayukta issued orders to all district collectors directing them to 
implement WALTA (Andhra Pradesh Water, Land and Tress Act) to conserve ground water and 
protect tree cover and to regulate the exploitation and use of ground and surface water. 
The orders were issued after it was found mandal level authorities are ineffective to 
look into WALTA violations. Some of the mandal committees are neither meeting regularly 
nor sending the reports to district authorities resulting in non implementation of act.
Lokayukta Justice B Subhashan Reddy in his directions to all district collectors directed 
them to issue instructions to Mandal Level authorities to scrupulously follow the mandate 
of the WALTA and the Rules. He also ordered them to send the reports periodically to the 
District Level Authorities who shall in turn send them to the State Authority.  Felling 
of trees without permission is  a punishable offence.
The ground water protection measures include registration of wells,  Prohibition of water 
pumping in certain areas,  permission for well and permission for well sinking near 
drinking water source, over exploited areas, protection of public drinking water sources, 
registration of drilling rigs, closure of wells, taking-over of well to ensure drinking 
water. compensation for closed wells, Rain water harvesting structures. Surface water 
protective measures include optimum use, protection of  lakes, ponds and tanks, ceiling 
on water usage and sand mining.
In municipal corporation for every 100 square metres there shall be three trees. The 
violators of provision of the act are punishable with a fine of Rs 1000 to Rs 5000. For 
felling of trees without prior of permission shall be punishable with a fine which shall 
not be less than two times the value of such tree, but which may extend up to 5 times of 
the value of such tree. A sum of money not less than Rs.1 lakh by way of compounding of 
the offence shall be levied in respect of contravention of sections related to well 
sinking near drinking water source, registration of drilling rigs and sand mining.
The complaint was filed by Mr. I Suryanarayana a resident of Kakinada against all mandal 
level officers of the Districts of Guntur, East Godavari, West Godavari, Krishna, 
Visakhapatnam, Srikakulam, Prakasam, Vizianagaram, and SPSR Nellore. He sought action 
against Tahsildars for not following the provisions of WALTA. The main authority under 
the act is State authority in which Rural Development Principal Secretary will be the 
ex-officio member secretary.

        Mandal Authority has to conduct meeting at least once in a month to take stock of the 
situation regarding the water bodies including the open wells, borewells, streams etc and 
also the trees and remedy.
.“Unless basic information comes from the Mandal Level Authorities, the functioning of 
the State Auhority will be derailed and that is the importance of the requirement of 
holding monthly meetings by the Mandal Level Authorities.  Notices have been issued to 
all the District Collectors to get information from the Mandal Level Authorities as to 
the compliance of the provisions of the Act and the Rules and only the Collector, 
Vizianagaram has positively responded by filing his report and 3 to 4 Collectors have 
sought for adjournment while there is no response from other Collectors.  In Vizainagaram 
some of them have not conducted meetings and even though some Mandal Level Authorities 
are said to have convened meetings, they have not preserved the minutes of such meetings 
and some Authorities recorded the minutes, but the same are stated to have not been 
traced.  These are all the anomalies which have to be rectified to see that everything 
falls in line,” observed Lokayukta. At Mandal level Tahsidlar is the chairman and MDO is 
the vice chairman.
Box
 If any owner desires to fell a tree, he shall apply in writing to the designated officer 
for permission in Form – 13 with a fee per tree for Urban residential and Institutional 
areas – Rs. 50/- and Urban commercial areas – Rs. 100/-. On receipt of such application 
the designated officer after inspecting the trees and holding such enquiry, as he deems 
necessary either grant or refuse the permission. The application shall be disposed within 
15 days. Permission will be granted subject to condition that another two trees of the 
same or suitable species to be planted on the same site or suitable place within 30 days. 
If number of trees in any premises or open area is not adequate according to the standard 
the owner or occupier may be ordered for planting additional trees. The owner or occupier 
of the land shall comply with the order within 90 days.
 Where any tree has fallen or destroyed by fire lightening or rain or other
natural causes, the owner / occupier may be ordered to plant a tree in the
place of the tree so felled. The owner or occupier shall comply with the
order within 90 days.
 Government through the Memo  in 2005 exempted felling of the following species from 
taking permission under WALTA. This exemption is only for paper mills.
(a) Subabul
(b) Casuarina
(c) Eucalyptus

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