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Capt. J. Rama Rao, Chairman, on
behalf of Forum For A Better Hyderabad filed a writ petition
in the Hon'ble High Court of Andhra Pradesh under article 226
of the constitution of India praying that writ of Mandamus
declaring the action of the respondents in examining and then
permitting the proposal to set up International Airport in the
prohibited catchment area of Himayatsagar situated in Ranga
Reddy District, is unconstitutional and violative of right to
life guaranteed under Article 21 of Constitution of India and
also the provisions of Environment (Protection) Act and
cont_ary to the spirit laid down in the G.O. MS. 111 and
judment in SCC 2001 (2) 62 an_ consequently declare that
International Airport cannot come up in the prohibited area of
2200 acres in the limits of villages mentioned and covered by
G.O. III.
In the counter-affidavit, the AP. Pollution Control Board
states that the Technical Committee after elaborately
considering the details submitted by the applicant suggested
that the 2nd respondent should be directed to
submit revised plans shifting south ward the location of the
Runway to provide more area beyond 10 km line to accommodate
polluting activities. It also stated that the polluting
activities mainly effluent treatment plant, fuel storage
tanks, maintenance workshops, Aircraft hangers, flight
kitchen, housing colonies, etc., are to be located in
northeast corner beyond 10 km line. It states further that
accordingly on 4.1.2003 the 2nd respondent submitted revised
layout plan and EIA to the Pollution Control Board. On
8.1.2003 the Technical Committee met again and considered the
revised plan and recommended to the Board to process the
application and accordingly the Pollution Control Board issued
CFE dated 18.1.2003. Based on this other clearances were
accorded.
Hon'ble Judges Devinder Gupta the
Chief Justice and Justice G.Rohini observed that "However, on
the basis of the material on record there can be no doubt to
conclude that the I Airport' is not a "polluting
industry" which is totally prohibited under G.O. MS. No. 111
dated 8.3.1996. In these circumstances we are unable to
appreciate the contentions put forth by the petitioner
treating the "Airport" on par with a polluting industry with
which the Supreme Court was concerned" - It is pertinent to
mention here that Schedule I enumerates 30 Industries /
Project Activities, which include "Ports, Harbors and
Airports" under item III -. The Hon'ble judges further say
that "While recasting the plans to pursue the 'precautionary
principle' all those activities such as hotels, flight
kitchens, fuel storage tank, aircraft hangers and maintenance
workshops of Aircrafts, residential colonies, ETP etc., which
cause appreciable pollution have been shifted beyond the 10km
limit. This counters the above stated observation of Hon'ble
judges and also it is pertinent to mention that though the
entire argument is built on Pollution Control Board clearance
but the Pollution Control Board technical committee
recommendation of "shifting southward the location of the
runway to provide more area beyond 10 km line" is missing.
Also the acidification of Himayatsagar waters by the take-off
and landing process was taken out. Also the Hon'ble judges
left to the HUDA on the regulation of urban sprawl. With all
these the Hon'ble judges dismissed the petition. In light of
this judgment, a special petition was filed in the Hon'ble
Supreme Court of India and this was also dismissed on
16th April 2004.
Other PILs :
G’ Block
in the Secretariat premises
Adil Alan
Mansion
HUSSAIN SAGAR
Golconda
Fort, Raymond's Tomb, Malwala Palace & Chowmahalla Palace
Road
Widening in Charminar Precinct |
