AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. G.Sundaresan, learned counsel for the petitioners; Mr. Pasham Krishna Reddy, learned Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.2; and Mr. Ravinder Reddy, learned counsel appearing for Greater Hyderabad Municipal Corporation (GHMC) - respondent No.4.
This writ petition has been filed in the form of public interest litigation seeking a direction to the respondents not to fill up the lake (Hussain Sagar lake) by taking up construction activity opposite to Sanjeevaiah Park. Petitioners further seek a direction to the respondents to restore the Hussain Sagar lake to its pristine glory.
According to the petitioners, Hussain Sagar lake is a fresh water lake in the middle of the city. It was originally used for supplying drinking water to the twin cities. However, that was discontinued because effluents started flowing into the lake. It is vital that this lake is protected from pollution and further encroachments. Hussain Sagar lake is spread over 571.28 hectares. The earlier Hyderabad Urban Development Authority, since reconstituted as Hyderabad Metropolitan Development Authority, notified 101 lakes to be protected. A buffer zone of 30 metres was earmarked. Government Order was also issued prohibiting construction activity in the buffer zone. Petitioners noticed certain land filling activity and related construction activity adjacent to the road near Sanjeevaiah Park on 26th and 27th August, 2012. Alleging that GHMC had taken up construction of huge concrete pillars for constructing permanent structures, petitioners submitted representation before the GHMC on 29.08.2012. Alleging inaction by the GHMC authorities, the public interest litigation came to be filed on 12.09.2012 i.e., within two weeks of filing the representation.
Be that as it may, the matter is pending before this Court since the year 2012. On 23.08.2022, we had passed the following order:
“This public interest litigation is of the year 2012.
Notice in this case was issued on 17.09.2012.
After almost ten years the case is before us.
We find that a counter affidavit has been filed by the Hyderabad Metropolitan Development Authority – respondent No.3.
In paragraph 7 of the counter affidavit, it is stated that the land opposite to Sanjeevaiah Park on Necklace Road is under the control of Greater Hyderabad Municipal Corporation (GHMC) and it is the said authority which has to make necessary statement.
For ten years GHMC has not filed the counter affidavit.
Accordingly, we direct the Commissioner of GHMC to be present in person before the Court at 10:30 a.m on 23.09.2022 along with the records relating to the public interest litigation.
Office to inform the aforesaid officer.
List on 23.09.2022.”
Pursuant to our aforesaid order, Mr. D.S.Lokesh Kumar, Commissioner, GHMC, had appeared in person before this Court on 23.09.2022, whereafter the following order came to be passed:
“Mr. D.S.Lokesh Kumar, Commissioner, GHMC, submits that because of re-allocation of circles in the GHMC in the year 2016, the affidavit could not be filed. However, immediately after the order dated 23.08.2022 was passed, affidavit has been filed.
We accept the said affidavit.
Learned Standing Counsel for GHMC shall furnish copies of the affidavit so filed to learned counsel for all the parties.
Personal appearance of Mr. D.S.Lokesh Kumar, Commissioner, GHMC, is dispensed with.
List this matter on 16.11.2022.”
In the counter affidavit, respondent No.4 i.e., GHMC has made a statement on oath that GHMC is not constructing any permanent structure(s) in the area pointed out by the petitioners. GHMC has constructed only a temporary structure which is used for parking mechanized sweeping machines. The work by the mechanised sweeping machines does not pollute the water of the lake. The said machines operate only at night and during day time they are parked in the temporary structure. Construction of temporary structure is not at all affecting natural water flow into the Hussain Sagar lake. In the temporary shed five small and four big mechanised sweeping machines are parked in non-working hours. Longevity of the said machines would be over by 31.12.2022 whereafter they would be condemned. From the next tender onwards, parking of the machines would be kept under the control of the contractor. Regarding construction of pillars, it is stated that pillars were erected only to strengthen the temporary structure which can be removed at any time. GHMC is taking all steps to prevent encroachments into Hussain Sagar lake.
We record the statements made by GHMC in the counter affidavit.
We direct authorities of GHMC to ensure that no construction, permanent or temporary, is allowed within the precincts of the Hussain Sagar lake after 31.12.2022.
With the above direction, the public interest litigation is disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.