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2005 DIGILAW 897 (SC)

G. HARAGOPAL (DR. ) v. SOUTH CENTRAL RAILWAY

2005-04-25

C.K.THAKKER, RUMA PAL

body2005
ORDER 1. Leave granted. 2. The appellants filed a writ petition challenging the construction of a railway station on Hussain Sagar Lake by the respondent authorities. An interim order was passed by the High Court permitting the construction to go on. Against the interim order, the appellants preferred this appeal by way of special leave. 3. On the basis of the proceedings before this Court, a large amount of material has been submitted, including a report of the Commissioner Mr Narender Luther who submitted a report on the construction made. 4. In the meanwhile the construction of the railway station has been completed. According to the appellants not only is this likely to cause pollution, the respondent authorities are going forward with further construction on what originally was the lake and which is essential for maintaining the water body. 5. Having regard to the nature of the issue involved and particularly in view of the submissions of learned counsel for the appellants that the orders a of the High Court on the question of the extent of the lake are conflicting, we withdraw the writ petition from the High Court for disposal by this Court. 6. The matter is admitted for hearing on a regular basis. By way of an interim order and pending disposal of the appeal, no further construction shall be carried out except with leave obtained from this Court in, on or around the lake. 7. The Committee comprising of Shri R Rajamani, former Secretary, Ministry of Environment and Forests, SWIC, RC. Reddi, Head, NEERI, Hyderabad and Shri R Sagar Ohara, Cerena Foundation, Consultant, UNEP are appointed to consider the construction already made and to submit a report as to suggestions relating to the encroachments, if any, and the pollution if it exists in respect of the lake. The Committee will also recommend to this Court as to what measures could be taken with regard to the railway station which has already been constructed. In the event any member of the Special Committee so appointed is unavailable for whatever reason, liberty is granted to the parties to mention. The report shall be submitted to this Court within six months from today. Court Masters