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This petition is filed in the nature of probono publico by the
Forum for A Better Hyderabad represented by its Secretary, Dr.
Sajjala Jeevananda Reddy seeking for issuance of a Mandamus
seeking to stop illegal construction of permanent structures
between Rock Garden and People's Plaza and Jaladrusyam. A
division bench of the Andhra Pradesh High Court comprising
Hon'ble judges justice Bilal Nazki and justice P.S. Narayana
appointed T. Surya Karan Reddy, Senior Central Government
Standing Counsel as Advocate Commissioner to inspect the areas
around Hussainsagar and submit a report regarding the
permanent structures near the water body.
(b). Writ
Petition. No. 13656 of 2003: Filling of Hussain Sagar Lake
This petition was filed in the
nature of Probono Publico by the Forum for A Better Hyderabad
represented by its Coordinator, Water Bodies Wing, Dr. Sajjala
jeevananda Reddy seeking for issuance of a mandamus to declare
the action of the respondents in not taking steps to save
Hussain Sagar Lake and stop filling up of the same as
unconstitutional, to declare that the Hussain Sagar Lake area
as notified by HUDA in May 2000 should utilized only for water
storage and should not be filled or developed and consequently
to direct the respondents to remove all material and
structures used for filling up Hussain Sagar Lake area.
To counter Forum's petition HUDA
submitted a declaration in its' counter affidavit: "There was
no question of the area of
Lake diminishing after roads have been laid on all four sides.
The capacity of the Lake to hold water is being substantially
increased by dredging operations. Huge quantities of silt
accumulated over the areas has been removed, with the result,
the water storage capacity of the
Hussain
Sagar Lake has been increased. The petitioner unjustly states
that the water spread area is being filled up in the name of
landscaping or reclamation, which is not true. The operations
to desilt the Lakes have been going on to increase the
capacity of the Lake to hold water. The activities in the four
areas mentioned in the writ affidavit are all intended to
enhance the water storage capacity",
Based on the alone declaration by HUDA, Hon'ble justice C.V.
Ramulu on behalf of the Bench (Comprising himself and Hon'ble
Chief Justice Devinder Gupta) in his judgment states that "In
view of the above, there is no threat or shrinkage to the
water spread area of Hussain Sagar Lake. This Writ Petition is
filed only on an apprehension that the earth bunds formed for
the purpose of desilting the Lake, as construction activity by
the respondents. The Writ Petition is devoid of merits and
liable to be dismissed. Accordingly, the Writ Petition is
dismissed. However, the respondents are directed to take all
possible measures to protect the water spread area of Hussain
Sagar Lake both from private persons and the governmental
authorities as required under law".
(c). W.P.M.P. No. 10218 of 2003 in W.P. No. 7848 of
2003: Rock Garden
Forum
For A Better Hyderabad filed the abone writ petition
represented by its Coordinator Water Bodies wing, Dr. Sajjala
Jeevananda Reddy. Hon'ble Justice B. Sudershan Reddy on behalf
of the Bench (comprising himself and Hon'ble Justice C.V.
Ramulu) stated, "In our considered opinion, the writ petition
raises questions of far reaching importance concerning
environment and ecological balance around Hussain Sagar Lake.
The question that falls for consideration in the instant writ
petition is as to whether the respondents are in any manner
acting contrary to the directions earlier issued by a Division
Bench of this Court dated 13.6.2001 in W.P.No. 26378 of 2000.
Other important questions also do arise for consideration of
this Court in this writ petition. We have pursued the
proceedings dated 15.2.2002 where under certain conditions
that are required to be followed by the developer of the
project are indicated. We have also seen the minutes of the
Pollution Control Board in this regard. The 'No Objection
Certificate' dated 20.3.2003 appears to be in variance with
the earlier proceedings dated 1 5.2.2002. We find it difficult
to discern as to what made the PCB to deviate from its own
earlier observations and conditions which it intended to
incorporate, as it is evident from the proceedings dated
15.2.2002. Accordingly, we direct the respondents herein to
maintain status quo existing as on today in all respects until
further orders. We make it clear that there shall be no
construction of whatsoever nature until further orders."
Other PILs :
G’ Block
in the Secretariat premises
Adil Alan
Mansion
HIMAYATSAGAR & OSMANSAGAR
Golconda
Fort, Raymond's Tomb, Malwala Palace & Chowmahalla Palace
Road
Widening in Charminar Precinct |
