Andhra Pradesh High Court.
Andhra Pradesh High Court Calls for Law Penalizing Officials Who ‘Turn Blind Eye’ to Water Body Encroachment: Amaravati, India – June 30, 2025 – In a stern directive aimed at curbing rampant illegal encroachments on waterways, the Andhra Pradesh High Court has called for the enactment of stringent laws that would not only penalize public violators but also hold government officials accountable for turning a blind eye to such offenses. The pronouncement came during a case involving the unauthorized construction of a bridge over a canal in Kaikaluru town, highlighting the judiciary’s growing concern over environmental degradation and official negligence.
Taking serious note of the detrimental impact of these encroachments, Justice Gannamaneni Ramakrishna Prasad emphasized the urgent need for legislative reforms. He observed that violations on waterways and watercourses, whether carrying fresh water or drainage, are causing immense damage to flora and fauna, alongside posing significant threats to human habitations.
“These violations on waterways and watercourses in which fresh water or drainage water flows are damaging or destroying the flora and fauna besides causing humongous damage to the human inhabitations. In times of flood, inundation of land by water become virtual death-traps for animals in the wild (in forests) as well as to the humans in the villages, towns and metropolitan cities,” Justice Prasad stated. He further lamented the current state of affairs, noting, “It is also noticed that the violators go scot-free with impunity because the existing law, does not have a deterrent effect.”
In light of these critical observations, Justice Prasad asserted the imperative for legislative action: “Therefore, it is the right time for the Government (law makers) to make laws, rules and regulations to weaponise the Government Departments to achieve this purpose. This law needs to address not only the violators from among the public, but also the Officials who conveniently turn a blind-eye to the acts of violation.” This strong recommendation underscores a shift towards greater accountability for public servants in environmental protection.
In the larger public interest, the Single Judge issued a series of explicit directions to the State authorities to ensure the preservation and proper maintenance of water bodies:
Maintenance of Waterways: The Irrigation Department, Revenue Department, Department of Panchayat Raj, Municipalities, and Municipal Corporations are mandated to ensure that all waterways and watercourses (irrespective of their nomenclature), whether carrying fresh water or drainage, are maintained and preserved according to official records in terms of depth, width, and length.
Prevention of Impediments: The aforementioned departments must ensure that any construction made over watercourses or waterways does not, in any manner, impede, block, or cause a ‘bottleneck effect’ during normal times or during floods.
Periodical Inspections and Reporting: Concerned departments are directed to conduct periodical visits and inspections along the entire length of such waterways/watercourses, preferably once every six months. They are required to submit detailed reports to their respective Heads of Departments regarding any violations or deviations from permits/licenses noticed during their inspections, including complete measurements of the violations/deviations and the particulars of the violators/deviators.
This ruling by the Andhra Pradesh High Court serves as a powerful judicial intervention, pushing for stricter enforcement and greater accountability in the battle against environmental encroachments, particularly those affecting vital water resources. It places a significant onus on government officials to actively prevent and address illegal activities, rather than allowing them to persist unchecked.
