S. B. SINHA, C. J.

( 1 ) A question as to whether inter alia any constructions should be allowed to be raised in and around Hussain Sagar is involved in this application. The lake in question is one of the oldest fresh water lakes situated within the twin cities of Hyderabad and Secunderabad, built sometime in 1562. It was fed by bulkapur canal which was a tributary of musi river which is about 32 miles away from Hyderabad. It is not in dispute that supply of potable water to the people living in the residential area now called secunderabad was the prime purpose for which it was originally built. Two rest houses built on the banks of Hussain Sagar were converted into Hyderabad and secunderabad Sailing Club. The water of the lake was not only being used for maintenance of Public gardens, sanjeevayya gardens, but also for Railways and industry. Industrial pollution found its way in the lake in 1964. Although the lake is now said to be free from industrial pollution, it still suffers from bacterial pollution due to increasing quantity of human and animal waste. Studies were made by several authorities as regards the nature and extent of the pollution of the lake affecting environment and echo system some of which are: (1) The fish from the fish kills may be collected and sold to the unsuspecting public. The consumption of fish would lead to problems like skin cancer, gastro- enteritis, fluorosis, and serious effects on the central nervous system of children in particular. (2) The emission of poisonous gases such as chlorine, hydrogen sulphide, iodine, etc. , from the waters of the lake may be inhaled by the early morning exercisers on the tank bund, leading to respiratory problems. (3) The percolation of the hussainsagar water into the ground water is quite extensive and the water in the borewells in somajiguda, Domalguda, ashoknagar, Himayatnagar, etc. , is already polluted. (4) The buffaloes bathing in the lake consume the polluted water and the pollutants end up in the milk of these cattle. (5) Any person in contact with the waters of the lake for a period of time stands the risk of skin cancer and other skin related problems. (6) The lake is likely to become a eutrophic one, essentially meaning that the growth of algae and other aquatic plants may become so great that: (a) swimming, boating and sport fishing will not be possible; and (b) this condition may support the breeding of insects and parasites that may carry infectious diseases.

( 2 ) RESEARCHES conducted in the year 1973 found silt in the lake as also the water being highly polluted. The sediment in the silt contains toxic heavy metals and one of the researches found the following:

Parameter

Quantity (mg/kg)

Lead

19-47

Copper

18-146

Zinc

71-473

Chromium

13-150

Nickel

1-88

Cobalt

5-11

Manganese

88-512

Iron

3700-22706

( 3 ) GANESH immersion, use of water by washer-men and cleaning of buffaloes by the milk men add to the pollution problem. Water spread area of Hussain Sagar was said to be 1205 acres. But in the counter- affidavit filed by the State it is stated that the said area at present is 1066 acres. It is, therefore, evident that within a short span of time more than 140 acres have been encroached. HUDA, on or about 11-8-1981, purported to be in exercise of their power under sub-section (1) of Section 59 of the a. P. Urban Areas (Development) Act, 1975 made Zoning Regulations of Bhagyanagar development Area, 1981. Land use zones and uses permitted are sub-divided into residential, commercial, industrial, recreational, agricultural and special reservations. Playgrounds, parks, exhibitions and fair grounds, picnic spots, zoological and botanical gardens, museums, aquarium, water fronts and areas of scenic interest and national parks were included in the recreational use zone. It identified 169 water bodies by a notification dated 4-5-2000 including Hussain Sagar.

( 4 ) DETAILS of Hussain Sagar lake may be noted hereunder: (1) Catchment area

26 Sq. miles = 16,447 acres.

(2) Intercep

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