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2024 Supreme(Telangana) 271
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
Paladi Anjaneyulu - Petitioner
Vs.
The Union of India & others - Respondents
W.P.No.37357 OF 2021
Decided On : 18-03-2024
Advocate Appeared:
For the Petitioner: Mr.V.Raghunath
For the Respondent: Mr.L.Padma Rao
IMPORTANT POINT
The court established that authorities must prevent unlawful sewage discharge into agricultural land, affirming the right to property under the Constitution.
Headnote:
Sewage - Agricultural Land - Constitution of India Articles 14, 21, 300(A) - The court interpreted the constitutional provisions regarding the right to property and the state's duty to prevent unlawful encroachment, leading to a directive for the authorities to address the sewage issue affecting the petitioner's land.
Fact of the Case:
The petitioner, an agricultural landowner, claimed that sewage from a canal constructed for a highway was draining into his land, causing crop damage and financial loss. Despite multiple complaints, no action was taken by the authorities to resolve the issue.
Finding of the Court:
The court found that the authorities had a duty to ensure proper drainage and prevent sewage from entering agricultural land. It rejected the argument that the drainage was solely for rainwater, emphasizing the need for action to address the sewage problem.
Issues: Whether the actions of the respondents in allowing sewage to drain into the petitioner's agricultural land were illegal and arbitrary, violating the petitioner's constitutional rights.
Ratio Decidendi: The court held that the respondents had a legal obligation to prevent sewage discharge into the petitioner's land, as it constituted a violation of the right to property and the principles of natural justice.
Result: The writ petition is disposed of with a directive for the authorities to take appropriate action within two weeks.
ORDER :
Heard the Learned counsel Mr.V.Raghunath, learned counsel appearing on behalf of the Petitioner, Mr. Lakkaraju Padma Rao, learned Standing Counsel, appearing on behalf of the Respondents No.2 and 4 and the Learned Government Pleader for Roads & Buildings on behalf of Respondent No. 3.
PRAYER:
2. The petitioner approached this Court seeking prayer as under:
“To issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondent No.3 herein in Draining/Leaving sewage water into Agriculture land of the petitioner herein lands in SY.No.9, Admeasuring Ac.7.00, situated Kadthal Village and Mandal, Ranga Reddy District particularly Spot No.43/417 along the stretch for Hyderabad to Dindi Project as being illegal arbitrary and violative of articles 14, 21 and 300(A) of the constitution of India ant consequently direct the Respondents to pay to the petitioner a sum of rupees 20,00,000/ towards damages for destroying the crop due to drainage of sewage into the land of the petitioner.”
3. PERUSED THE RECORD :
(i) Counter affidavit filed by Respondent No.3, the relevant portion of para 6 and relevant portion of para 7 reads as under :
“6. …It is to inform that the stretch of Hyderabad-Dindi section from Km.23.00 to Km.108.800 of NH 765 has been entrusted to NHAI vide Gazette S.O.No.2572 (E) Dated11.08.2017 and accordingly the stretch and corresponding documents of Hyderabad-Dindi Section from Km 23/0 to Km 108/800 were handed over to the PIU-NHAI, Hyderabad on 16/3/2018.
I submit that as per the land owners request to continue the drain from 43+417 to dispose the drain discharge away from the land owners land even though there is no habitation, the Ministry of Road Transport & Highways, Government of India has sanctioned the work "Rehabilitation and up gradation of NH-765 from km.23/0 to 108/800 (Hyderabad near Tukkuguda to Dindi Section) two lane with paved shoulders under NHDP-IV on EPC Basic Sub Work-Construction of RCC and Pipe drain for disposal of drain discharge to the nearest cross drainage structure located at Km.42.330 along the National Highway-765 on RHS under contingency head of sanctioned work vide Lr.No. RW/HYD/HB NHDP/13-14/16/Cor/172 dated 06.06.2019 and work is completed in the supervision of NHAI consultancy team (As road stretch is transferred to NHAI).. National Highway drainage is only meant for discharge of excess rainwater and storm water not for sewage water.
7. ….It is clear that the stretch from Km 23/0 to Km 108/800 (Hyderabad-Dinndi) of NH 765 is falls in the Jurisdiction of NHAI PD Hyderabad and disconnection of illegal drain connections subject not pertains to us.”
ii. The Counter affidavit filed by Respondent No.2 and 4, in particular, Paras 8 and 9, read as under :
“8. In reply to para 4 of the affidavit, I respectfully submit that, as part of project facility, covered lined drain is constructed both sides along the built-up location from Km. 43+202 to Km. 43+408, Km. 43+426 to Km.44+900 on LHS and from Km. 43+293 to Km.43+ 408, Km.43+426 to Km.44+900 on RHS to drain off the road surface storm water and the water is discharging in the minor bridge constructed at Km.43+417. It is the common practice to discharge the storm water in the nearest cross drainage structure. Accordingly, the storm water is discharging at minor bridge Km.43+417 which existed from long time, which is more than 20 years. During the process of widening the road another bridge on LHS has been constructed to cater 4-lane roads in the year of 2016. Earlier few houses connected their sewers to the lined drain and it has been stopped by blocking the way. As and when it is observed, it is being closed. Further, the minor bridge exists from long time and during the widening of road, the bridge has been widened to enter 4-lane. Earlier few houses are connected their sewage to the lined drain.
9. In reply to para 5 to 8, I respectfully submit that, whenever the representations
