THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.206 of 2014
DATED:4.8.2014 Between:
Chada Kishan Reddy, R/o. Shivaji Nagar, Nalgonda District.
And The Government of Telangana, Represented by its Principal Secretary, Irrigation & CAD Department, Hyderabad and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.206 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
The petitioner, in this case, has challenged by this action, a Government Order No. 27, Irrigation & CAD (PW Reforms Department), dated 14.2.2014.
By the order impugned, the Principal Secretary to the concerned State Government has granted permission for drawal of 0.091 TMC of water per annum from Udayasamudram Balancing Reservoir of AMR SLBC Project by the 7th respondent for its industrial unit. No one can question about the necessity of supply of water to run an industry. This order, in our view, cannot be questioned as the supply of water is one of the essential things. Further, how this order can be questioned is not understood by us.
Learned lawyer appearing for the petitioner, however, says that the villagers of the concerned areas through which the pipeline for supply of water has been laid are seriously affected by scarcity of drinking water as the water available in those areas is severely affected by fluoride menace.
While entertaining this writ application, we have to see the identity of the petitioner. The petitioner appears to be a resident of Shivajinagar, Nalgonda District. He claims that he has been working for the upliftment of the down trodden farmers and general public of the Nalgonda Town. He is the General Secretary of Telangana Rashtriya Samithi, Nalgonda District Unit.
According to us, the alleged problem of scarcity of drinking water in that area should have been ventilated by the representative of the people of that area, namely, either an M.L.A. or by an M.P., or the residents of those areas should have made a representation. As there is a dearth of drinking water in that area, it cannot be a ground to nullify the decision of water supply to an industrial unit, if done it will result in closure of industry.
We, therefore, do not pass any order on this petition. However, it would be open for the people’s representative or for that matter, the people in that area to make a representation to the Government to look into the problem, if there is any such problem.
The Public Interest Litigation is accordingly dismissed.
The miscellaneous applications, if any pending, shall also stand closed.
No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 4th August, 2014 pnb HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MAIN CASE NO: Writ Petition No.16895 of 2001
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