IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TEN PRESENT:
THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8994 of 2005 Between:
G. Suryanarayana Murthy . PETITIONER AND State of Andhra Pradesh Rep. By its Principal Secretary, Municipal Administration and Urban Area Development Department, Secretariat, Hyderabad.
& others . RESPONDENTS The Court made the following :
THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8994 of 2005 ORDER:
This Writ Petition is filed seeking a mandamus to direct the respondents to ensure that the drainage and sullage water including the rainstorm water is not let into the irrigation channel at Kothavuru branch channel and to take all necessary steps to carry the drainage water by constructing a cement concrete lining channel all along.
2. According to the petitioner, he owns agricultural land, in Survey Nos.185/1, 185/2, 185/3 and 185/4, to an extent of 35 acres along with others are situated at Ramchandrapuram Revenue Village, East Godavari District. The irrigation water cess is being collected by the State @ Rs.200/- per acre for the first crop and Rs.150/- per acre for the second crop from the villagers. For the purpose of providing irrigation facilities to these double crop wet lands, water is released through Mandapeta Canal, Old Chodavaram Channel, which branches off as Kothavuru Channel to provide water to the Kothavuru Channel Ayacut area of little more than 35 acres and water is released through Pipe No.6.
Further, the fifth respondent-Municipality does not have underground drainage system. It has got constructed masonry drainage in its area. Kothavuru forms part of Ward No.1 of the fifth respondent-Municipality. This entire drain water and storm water collected is let through these open masonry drains into the irrigation channel known as “Revenue Panta Bodhi”. The Revenue Panta Bodhi is an open earthen channel of carrying water for irrigational facilities of 3’ wide excluding the bunds. This revenue channel is always maintained free of obstruction by the Ayacutdar to enable the tail end lands also to receive the irrigation water. However, because of the drainage and sullage water being let into this panta bodhi for the last few years, the irrigation facilities have suffered a set back. The ayacut lands are not able to receive fresh water which are let into the channel through Pipe No.6 of the Kothavuru branch channel and the water sullaged has not been useful for cultivation of paddy and sugarcane crops. Unless and until a separate channel is created for the purpose of drainage and sullage water, the pollution cannot be avoided. Therefore, this Writ Petition.
3. The fifth respondent-Municipality filed a detailed Counter Affidavit denying the allegations made by the petitioner. However, it is stated that the petitioner had submitted a petition on 09.03.2005 and except that, the petitioner had complained, at any time in this regard. At para 7 of the said Counter Affidavit, it is stated that the respondent-Municipality and the Regional Director- cum-Appellate Commissioner, Rajahmundry, have inspected the said drain in the month of March, 2005. The Regional Director issued necessary instructions to the Municipality to construct a pucca R.C.C. concrete cement drain at Pipe No.6. The Municipality prepared an estimation for construction of C.C. drain costing an amount of Rs.1,75,000/- for the length of 1.30 meters for which the erstwhile Municipal counsel sanctioned the said amount in its resolution No.113, dated 19.04.2005, and the necessary procedures are under process for execution and technical sanction and calling of tenders etc.
4. In view of the above averments in the counter, there is no necessity of going into all the details. The Writ Petition is disposed of directing the fifth respondent-Municipality to take all further steps in pursuant to the Counsel Resolution No.113, dated 19.04.2005, for construction of C.C. drain at Pipe No.6 of the Kothavuru branch channel and complete the construction within a period of six (6) months from the date of receipt of this order.
5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
(C.V.RAMULU, J) Date: 21st January, 2010. KL