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2015 Supreme(AP) 811

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
A.V. Koti Reddy and Ors. – Appellants
Vs.
Union of India and Ors. – Respondent
W.P. No. 14528 of 2015
Decided On : 05-10-2015

Advocates Appeared:
For the Appellant : B.S. Prasad for M.R.K. Chakravarthy
For the Respondents: B. Narayana Reddy, Assistant Solicitor General

Headnote:

Grant permission - The nature of writ of mandamus, declaring the action of the respondents in commencing and proceeding with the road cutting and laying of pipeline work in Road Nos. 79 and 82 of Jubilee Hills, Hyderabad the order of the 5th respondent vide Lr. No. 18/DB/GM(E)/PD-IV/KDWSP/PH-III/Pkg-IX/2015-16/3C dated 23.4.2015 and Licence No. L&O/M7/52/2015 granted by the 3rd Respondent to the 9th respondent permitting blasting and road cutting in the thickly populated residential area of Road Nos. 79 and 82, Jubilee Hills, Hyderabad without considering and disposing of the objections/representations of the petitioners, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently, direct the respondents to lay the pipeline from the vast open and uninhabited Government land adjacent to Road No. 82, Jubilee Hills, Hyderabad and also direct the respondents to restore the natural Nala/Storm Water Drain passing through Road Nos. 79 and 82, Jubilee Hills, Hyderabad feeding Kothacheruvu of Shaikpet Village to its original position – Held, The mandate of provisions of the Explosives Act, 1884 and the Rules 2008 made there under, 9th respondent and respondent Sewerage Board are directed not to undertake blasting work without obtaining authorisation from the Chief Controller under the Explosives Act - The larger public interest to lay water pipelines as early as possible, the Chief Controller under the Explosives Act, Government of India is directed to grant permission, after observing due formalities as required, on priority basis and preferably within a period of one week from the date of submission of application for grant of such permission by the contractor through respondent Sewerage Board – Petition allowed

ORDER :

P. Naveen Rao, J.

1. This writ petition is filed praying to grant the following relief:

".....to issue a writ, order or direction more particularly, one in the nature of writ of mandamus, declaring the action of the respondents in commencing and proceeding with the road cutting and laying of pipeline work in Road Nos. 79 and 82 of Jubilee Hills, Hyderabad from 6.5.5015 onwards and the order of the 5th respondent vide Lr. No. 18/DB/GM(E)/PD-IV/KDWSP/PH-III/Pkg-IX/2015-16/3C dated 23.4.2015 and Licence No. L&O/M7/52/2015 dated 5.1.2015 granted by the 3rd Respondent to the 9th respondent permitting blasting and road cutting in the thickly populated residential area of Road Nos. 79 and 82, Jubilee Hills, Hyderabad without considering and disposing of the objections/representations of the petitioners dated 17.2.2015 and 7.5.2015, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently, direct the respondents to lay the pipeline from the vast open and uninhabited Government land adjacent to Road No. 82, Jubilee Hills, Hyderabad and also direct the respondents to restore the natural Nala/Storm Water Drain passing through Road Nos. 79 and 82, Jubilee Hills, Hyderabad feeding Kothacheruvu of Shaikpet Village to its original position..."

To augment the supply of drinking water to the City of Hyderabad on account of ever growing requirements of city, Government of Telangana has started various schemes to bring water from major reservoirs over a period of time in a phased manner. In the said process in Krishna Phase-III, drinking water pipelines are being laid to bring water from AMRP Canal connected to Akkampally Reservoir. The total length of the pipeline is 174 Kms. The pipeline connects two major reservoirs in the city located in Prashasan Nagar and Sainikpuri. As part of this project one arm of pipeline is passing from Sahebnagar-- Mailardevpally-Prashasan Nagar to reach the reservoir at a stretch of 35 Kms. The proposed pipeline is passing through Road Nos. 79 and 82, Prashasan Nagar as last stretch of 35 Kms., pipeline to reach the reservoir.

2. Petitioners are residents of Road Nos. 79 and 82 of Jubilee Hills, Hyderabad. Petitioners having come to know that such pipeline is being laid, raised objections for laying of the pipeline through Road Nos. 79 and 82 of Prashasan Nagar. Petitioners filed complaints with various authorities, acknowledged by respective officers on 18.2.2015, followed by another representation dated 7.5.2015. The grievance projected by the petitioners is threefold:

(1) It is an area covered by sheet rock and therefore requires cutting of rock-sheets to lay the pipeline which necessarily involve using of blasting technology and breaking the rocks is harmful to the people living in the area and also would have effect on the properties located in the area;

(2) Natural stream water drain is passing through Road No. 79 which joins the natural lake which is called Kothacheruvu and on account of blasting and road cutting work taken up by the respondent authorities, the natural stream water is affected and polluted drainage is flowing into the stream water drain. As a result, Kothacheruvu Lake is also being polluted. On account of the work taken up by the respondents, the existing drainages are blocked resulting in flowing of water on the road and accumulation of polluted water causing health hazards. The drain water and stagnated water is resulting in spread of mosquitoes. It is contended that Road No. 79 is very narrow road of approximately 40 feets as compared to Road No. 182 which is a wider road.

(3) The work taken up by the respondents impeding movement of traffic, causing traffic blockage and affecting the residents of the locality in free movement. According to petitioners there was no justification to undertake laying of pipeline on this stretch, more particularly in view of its topography and when large extent of Government land is available, through wh







































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