2001 Supreme(AP) 577
Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
T.Ramakrishna Rao - Appellant
Versus
Principal Secretary to Government Of A.P., Municipal Administration, Hyderabad - Respondent
Decided On : 06-15-01
Headnote:
Prevention and Control of Pollution Act, 1974 - Environment protection Act, 1986 - Air (Prevention and Control of pollution) Act, 1981 - Prevention and Control of Pollution) act, 1974 - Constitution of India, Articles 39 (e) and 48-A read with article 21 - Water (Prevention and Control of Pollution) Act, 1974 - Section 24 – Hyderabad Municipal Corporation of Hyderabad Act - Sections 295, 298 and 296 - Writ Petitions – Steps – Protection – Lake – Ecology – Pollution – Environment – Encroachment - Petitioner states that the 400 years old Hussainsagar lake which was originally spread over 1664 hectares for the purpose of supplying drinking water to the residents of Hyderabad and surrounding areas during 1864-1930 was now shrunk to meanly 350 hectares, due to encroachments both by the land grabbers and the State government for formation of Necklace road and other slip roads, Buddha Poornima project. A star hotel has also encroached upon the lake and 25% of the lake on the western side was encroached by slum dwellers. The lake became polluted with domestic waste and industrial effluents being let into it. Government constituted Hyderabad Lake conservation and Management Authority, but it failed to take concrete steps to preserve the lakes – Held, Immersion of idols should be divided in several tanks so as to minimise the pollution which may be created by reason of immersion of idols. The duty of the A. P Pollution Control board in this regard is immense. It, in our opinion, having regard to the magnitude of the problem, ought to have issued requisite directions from time to time - Municipal Corporation of hyderabad and Sewerage Board must take all steps to perform their statutory function as noticed supra and see to it that all illegal and unauthorised sewerage connections with the storm water drain be disconnected and the drain be desilted regularly. Maintenance of storm water drain must also be done on a priority basis. The Writ Petitions are confined to the aforementioned matters alone. It would be open to the parties to file separate applications in relation to other matters, if any - Writ Petitions are disposed of.
( 1 ) THESE Writ Petitions involve a common question as regards the steps required to be taken by the respondents herein for the protection of the lake known as hussainsagar in relation to ecology, pollution, environment and encroachment.
( 2 ) WRIT Petition No. 21495 of 1998 is a Public Interest Litigation case taken up on the basis of a letter written by sri T. Ramakrishna Rao, Advocate based on the news item lakes which lack a saviour published in the Indian Express dated 11-7-1998.
( 3 ) THE petitioner states that the 400 years old Hussainsagar lake which was originally spread over 1664 hectares for the purpose of supplying drinking water to the residents of Hyderabad and surrounding areas during 1864-1930 was now shrunk to meanly 350 hectares, due to encroachments both by the land grabbers and the State government for formation of Necklace road and other slip roads, Buddha Poornima project. A star hotel has also encroached upon the lake and 25% of the lake on the western side was encroached by slum dwellers. The lake became polluted with domestic waste and industrial effluents being let into it. Government constituted Hyderabad Lake conservation and Management Authority, but it failed to take concrete steps to preserve the lakes. The lake is now looked after jointly by the Municipal Corporation of Hyderabad, Pollution Control Board, hyderabad Urban Development Authority and Hyderabad Metropolitan Water Supply and Sewerage Board. But, there was no coordination between the said authorities resulting in the number of colonies coming up in catchments and tank bed area. No step has been taken to ban washing of clothes and cleaning of animals in the lakes. Though the lake has become a centre of tourist attraction, no steps have been taken by the Government to protect the same environmentally. The inaction on the part of the above authorities led to alleged environmental degradation and destruction of the ecology of the lake and the same is violative of the fundamental rights of the citizen guaranteed under Article 21 of the constitution of India to have pollution free atmosphere. Therefore, the petitioner sought for issuance of a writ of mandamus directing the respondents to remove all the encroachments in the area of 1664 hectares of the Hussainsagar lake.
( 4 ) W. P. NO. 22303 of 1998 is filed by Smt. C. Jayashree Sarathy, Advocate of this court seeking the following prayers: the Hon ble Court may be pleased to issue appropriate directions and writ particularly one in the nature of mandamus directing the respondents. 1. not to allow immersion of Ganesh idols in Hussainsagar lake, hyderabad. 2. to identify lakes and rivers in twin cities of Hyderabad and Secunderabad and the outskirts for immersion of sri Ganesh idols;3. to direct the A. P Pollution Control board to assess the effect of immersion of Sri Ganesh idols in Hussainsagar lake, Hyderabad and submit report to this Hon ble Court and4. to direct the respondent No. 1 to commence and intensify awareness campaign impressing upon the citizens about their duties to protect the environment and cleanliness of hussainsagar lake and to co-operate the implementation of the ambitious plan drawn by the respondent No. 1 to convert Hyderabad-Secunderabad into a dream land for visitors and also residents, as reported in the Deccan chronicle dated 1-8-1998 and issue writ or direction in the nature of writ as this Hon ble Court deems fit and in the circumstances of the case.
( 5 ) THE petitioner states that massive immersion of Ganesh idols in Hussainsagar lake is being done since 1980 at the behest of the political leaders and the same has been causing hindrance to the object of the State to develop the lake into pollution free, serene and attractive tourist centre. During the Ganesh Chaturthi festival season, there had been tapping of electricity from the poles and no action has been taken by the electricity Board against the illegal pilferers. It is alleged that the