IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT:
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20288 of 2009 Between:
Bongoni Kumara Swamy and others . PETITIONERS A N D The Superintending Engineer, Rural Water Supply and Sanitation Circle, Karimnagar and another . RESPONDENTS ORDER:
The complaint of the petitioners in this case is with regard to the action of the respondents in shifting the location of the Comprehensive Protected Water Supply Scheme from Keshavapatnam village to Tadikal village in Karimnagar District.
2. By interim order dated 25-09-2009 this Court granted interim stay of construction of the said work.
3. It is the case of the petitioners that Keshavapatnam village is included in the Comprehensive Protected Water Supply Scheme which envisages water being drawn from the reservoir/tank and supplied by pipeline to 13 villages by gravitation. The foundation stone for the said work was laid at Keshavapatnam village on 01- 03-2008. It is alleged that the diversion of this work thereafter to Tadikal village is motivated by political reasons and that the said village is not only at a distance of 7 Kms. from Keshavapatnam village, but further, there is no water source there. The petitioners further complained that the respondents did not take any action on their representation dated 17-08-2009 in this regard.
4. The respondents, in their counter-affidavit filed in support of the vacate stay application, stated that though Keshavapatnam village tank was originally identified as the source for the subject scheme, at the stage of grounding of the work it was noticed that huge investment to the tune of Rupees five crores had to be made for improvement of the tank, making it unviable. Therefore, it was proposed to divert the work to Tadikal village which had an existing source of water.
5. It is further stated that this aspect was explained in the Mandal Parishad general body meeting held on 21-06-2009 in the presence of peoples’ representatives from Keshavapatnam village, who had not objected to the resiting of the work. It is further stated that irrespective of the location of the work the villagers of both Keshavapatnam and Tadikal village would be equally benefited. The counter further demonstrates that pursuant to the representation dated 17-08-2009 filed by the petitioners, the Department had convened a meeting of the villagers of Keshavapatnam village and that the petitioners had also attended the said meeting. The respondents further stated that Keshavapatnam village would be given top priority for supply of drinking water even with the present set up.
6. In the light of the technical reasons disclosed in the counter- affidavit which motivated the resiting of the subject work from Keshavapatnam village to Tadikal village, resulting in savings to the State exchequer, the allegation of the petitioners that the same was motivated by political reasons is not borne out.
7. The writ petition is therefore devoid of merit and is accordingly dismissed. The interim stay granted on 25-09-2009 shall stand vacated. There shall be no order as to costs.
SANJAY KUMAR, J June 25, 2010.
Pn THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20288 of 2009 June 25, 2010