Prakasam District Praja Sankshema Seva Sangam v. State of A. P.
2012-10-08
L.NARASIMHA REDDY
body2012
DigiLaw.ai
Judgment Before the country became independent, there was perfect mechanism to protect the lakes, tanks and other water bodies wherever they existed. Even when cities or villages were expanded, the submergence areas of water bodies up to their full tank level were protected. It is only after independence, that the disappearance of tanks particularly in and around Hyderabad took place, thanks to the "progressive administration" of the State after merger of the States of Andhra and Hyderabad. The deplorable condition was depicted in a counter-affidavit filed in a writ petition, wherein it was said that the water in Miralam Tank, which was the source for the drinking water for the city and its quality was certified to be the best with its medicinal values, has become unfit even for animal consumption from 1966 onwards. If that is the plight of Miralam Tank, several tanks, such as Masab Tank, have totally disappeared from the Map. One just cannot imagine this state of affairs without a perfect co-ordination between the political and executive wings of the Government. The malady and outrage was restricted mostly to the city of Hyderabad, where more than 300 tanks were made to disappear. However, administrations of the Districts in coastal area also appear to have derived inspiration to undertake such activity. By the side of Ongole Town, there is a big tank with water-spread area about Acs.77.00. With impunity, the authorities have permitted that to be encroached and even orders of assignment were made covering almost the entire area. The result is that only 10% of that area is left and rest of it is occupied by one organization or the other. This only shows the bankruptcy on the part of the administration as regards its approach towards the water bodies and the natural resources of common use. Having been encouraged by the fact that the indiscriminate allotment of tank bed was made by the Government, the petitioner has made efforts to get remaining extent assigned in its favour. It appears that the Municipality made an attempt to oppose the request of the petitioner. However, the interesting part of it is that the Municipality intends to construct a Slaughter House on the leftover area. This only reflects the priorities of the policy makers and their inclination, to act according to the wishes of powerful pressure groups.
It appears that the Municipality made an attempt to oppose the request of the petitioner. However, the interesting part of it is that the Municipality intends to construct a Slaughter House on the leftover area. This only reflects the priorities of the policy makers and their inclination, to act according to the wishes of powerful pressure groups. The application of the petitioner was rejected by the respondents on the ground that the land is needed for other purposes and that their cases can be considered under the existing schemes. The petitioner feels aggrieved by the same. On behalf of the respondents, a detailed counter-affidavit is filed. The manner in which vast extent of Acs.77.00 of tank bed was put to different uses, such as allotment to A.P.S.R.T.C., housing colonies etc., was mentioned. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Time and again, the Hon'ble Supreme Court and this Court have been emphasizing the need to preserve the water bodies, be it in the context of maintaining the ecological balance or ground water level. That fell upon deaf ears of the administration of our State and year after year, the tanks are made to disappear or to lose their identity. Ongoleis a Town, which does not have any river by its side and every year, it faces acute shortage of drinking water. Still, in a brazen manner, the tank was made to disappear. The existing state of affairs of the tank is presented by the respondents, as under: EXISTING STATE ON GROUND POSITION PRACTICALRS LIST OF URACHERUVU IN T.S.No.14/1, WARD No.2: BLOCK No.2 OF ONGOLE MUNICIPAL CORPORATION S.No. Location Colourcode Areas 1. Band lamitta area Ac.0.54 cents 2. Band lamitta Road Ac.0.14 cents 3. RTC Depot (Garage) Acs.4.85 cents 4. Semon Bank Ac.1.82 cents 5. Vantavari Colony Acs.5.00 6. Brahmana Sangam Ac.0.22 cents 7. S.C., B.C., Hostel Ac.0.44 cents 8. Telaga Sangam Ac.0.32 cents 9. Hindu's Burial Ground Ac.0.48 cents 10. R.T.C. Bus Depot Acs.2.00 11. Ekalavya Nagar Ac.1.46 cents 12. Nagendra Nagar Ac.0.56 cents 13 P.V.R. Boys High School Acs.6.17 cents 14. Dobhi Khana Acs.3.72 cents 15. Chakalikunta Acs.4.41 cents 16. R.T.C. Road, Anjaiah Road Acs.3.27 cents 17. Municipal Shopping Complex Ac.0.64 cents 18. Municipal Water Filter Bed Acs.2.58 cents 19. Encroachments at North Side of 33/11 KV Sub-Station Ac.0.85 cents 20. 100' to 120' wide road Acs.2.08 cents 21.
Nagendra Nagar Ac.0.56 cents 13 P.V.R. Boys High School Acs.6.17 cents 14. Dobhi Khana Acs.3.72 cents 15. Chakalikunta Acs.4.41 cents 16. R.T.C. Road, Anjaiah Road Acs.3.27 cents 17. Municipal Shopping Complex Ac.0.64 cents 18. Municipal Water Filter Bed Acs.2.58 cents 19. Encroachments at North Side of 33/11 KV Sub-Station Ac.0.85 cents 20. 100' to 120' wide road Acs.2.08 cents 21. Samaikhyatha Nagar Acs.3.80 cents 22. Vaddipalem Acs.3.76 cents 23. Mangalipalem Acs.2.16 cents 24. Market Complex Acs.7.30 cents 25. Shadi Manzil Ac.1.00 26. Internal Roads Acs.2.35 cents 27. Rehabilated area to road widening victims Ac.0.45 cents 28. Proposed Auditorium (Kalakshetram) Ac.1.09 cents 29. Horticultural Department Office Ac.0.20 cents 30. Sericultural Department Ac.0.20 cents 31. Proposed Public Park & Water Pond area Acs.3.00 32. Modern Fish Market Acs.2.00 33. Slaughter House Ac.0.20 cents 34. Sub-Station (33/11 KV) Acs.0.57 cents 35. Remaining Site Acs.7.70 cents Total Acs.77.24 cents Had timely action been taken by anyone interested in protection of the tank, the District Collectors and other authorities, whoever were associated with the allotment or regularization of tank bed would have been made liable to be punished for contempt of orders of the Hon'ble Supreme Court. Even now, if any public-spirited citizen initiates action, it would not be too late to bring the violators under book. On account of the short-sighted, thoughtless and patently illegal steps taken by the respondents, the tank is now replaced by a concrete jungle. The result is not difficult to imagine. Acute shortage of water is being faced. The forecast by Winston Churchill that the Indian would trade on drinking water, unable to administer the country, is being translated into truth with each passing year. Unfortunately, this is not the only instance. It is occurring at every place particularly in towns. The Government itself has undertaken various projects to provide house sites or houses for the needy persons, duly undertaking the verification of the social status of the individuals. The petitioner can certainly avail the benefit under it. Hence, the writ petition is disposed of directing that the cases of the members of the petitioner shall be considered under the existing Schemes. The District Administration and the Municipal Corporation are directed to ensure that not only the water spread area of the tank in question but also that of any other tank in the administration is not put to any other use.
The District Administration and the Municipal Corporation are directed to ensure that not only the water spread area of the tank in question but also that of any other tank in the administration is not put to any other use. Any official, who is found responsible for allotment of tank beds in whatever capacity, shall be held liable to be prosecuted in future. Respondent No.1 shall ensure that no part of the water-spread area of any tank at its full tank level, whether functional or defunct, shall be assigned to anyone under any circumstances. There shall be no order as to costs. The miscellaneous petition filed in this writ petition also stands disposed of.