IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.108 OF 2014
DATED:24.4.2014 Between:
Human Rights & Consumer Protection Cell (Trust) Rep. by its Chairperon & Managing Trustee, Thakur Rajkumar Singh R/o.BHEL, MIG 982, Serilingampally Hyderabad Andhra Pradesh … Petitioner And The State of Andhra Pradesh Rep. by its Chief Secretary Government of A.P., Secretariat Buildings Hyderabad, A.P., and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.108 OF 2014
ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have seen the report of the learned District Judge, Ranga Reddy District. It appears to us that the report is comprehensive, true and correct one. No one has prayed exception in spite of copy being supplied.
2. The writ petition was filed with the prayer which is summarized as follows:
“… it is therefore prayed that this Hon’ble Court may be pleased to issue any Writ or Order or Direction essentially in the nature of Writ of Mandamus declaring the action of the 4th, 10th and 11th Respondents in continuing construction of buildings in the Rammamma Kunta Water-Body (LPC Lake Id. No.3726] its Lake-Bed, Full Tank Level and Buffer Zone in Sy. NO.71 of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Andhra Pradesh and all the other constructions in adjacent Sy. No.91 more particularly, “4 Star Business Class Hotel” at National Institute of Tourism Hospitality Management (NITHM) premises, Gachibowli, Hyderabad, being constructed as per G.O. Ms. No.653, Youth Advancement, Tourism & Cultural Affairs (Tourism) Department, Dt.02.07.2010 (Government of A.P.) as illegal, arbitrary & in violation of Principles of Natural Justice. Consequently, restrain the 4th, 10th and 11th Respondents from construction of buildings in the Rammamma Kunta Water-Body [LPC Lake Id. No.3726] its Lake-Bed, Full Tank Level and Buffer Zone in Sy. No.71 of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Andhra Pradesh and all the constructions in adjacent Sy. No.91 more particularly, ‘4 Star Business Class Hotel’ at National Institute of Tourism Hospitality Management (NITHM) premises, Gachibowli, Hyderabad, being constructed as per G.O. Ms. No.653, Youth Advancement, Tourism & Cultural Affairs (Tourism) Department, dt.2.7.2010 (Government of A.P.) to protect/conserve the environment and illegal alienation of Government land and pass such other order or orders.”
3. The learned District Judge in paragraph 4 of his report stated as under.
“I submit that I have also got the space between the water area and the construction site measured and found that the constructions having been made in the Recreational/Green Buffer Zone within 9 meters from the existing water area, they were in clear violation of G.O. Ms. No.363, Municipal Administration and Urban Development (I.) Department, dated 21.08.2010 and subsequent G.O. Ms. No.33 MAUD (I1) D, dated 24.1.2013.”
In paragraph 2 of the report it is also stated as follows.
“I submit that as per G.O. Ms. No.363 Municipal Administration and Urban Development (I1) Department, dated 21.08.2010, the tank area being below 10 hectares, the Recreational/Green Buffer Zone was taken as 9 meters from the existing water area and the construction taken up by National Institute of Tourism & Hospitality Management (NITHM) for additional class rooms having fallen within the Recreational/Green Buffer Zone, the Deputy Commissioner, GHMC, issued a notice to NITHM U/s 636 of the Hyderabad Municipal Corporation Act for having taken up unauthorized construction in the Recreational/Green Buffer Zone of Ramamma Kunta/lake of Gachibowli and for not having obtained prior permission by NITHM for such a construction of a new building to accommodate additional class rooms.”
4. In view of the aforesaid findings and report, we direct the respondents concerned that they shall not proceed with any construction until Greater Hyderabad Municipal Corporation (GHMC) takes a decision on that issue. We make it clear that the findings in the report of the District Judge shall not be conclusive proof to decide the issue. The GHMC will decide the matter independently and it may so happens it might come to findings differently, however, hearing all the parties.
5. While coming to the construction of hotel complex, we find from the report of the District Judge, as follows:
“I submit that I have got a location sketch prepared, showing the entire land allotted to NITHM in Sy.No.71 and 91 (Ac.26.21 guntas) of Gachibowli village, Serilingampally Mandal and the abstract of References A to G therein show – ‘A’ as the constructions already made by NITHM in Sy. No.91 in Black colour; ‘B’ Building under construction in Sy. No.91 but stopped by GHMC in Red colour; ‘C’ inflow of drain water from L & T Residential Blocks into Ramamma Kunta in Red colour; ‘D’ Entire Ramammakunta (Ac.3.01 guntas) in Sy. No.71 in blue colour; ‘E’ Ramammakunta water logging area in Ac.1.23 guntas in Sy. No.91 in Blue colour, ‘F’ Recreational/Green Buffer Zone @ 9 meters in Sy. No.91 in Green Colour, ‘G’ 4 Star Hotel at a distance of 151.46 meters away from Ramamma Kunta in Sy. No.91 in Pink colour.”
In view of the aforesaid finding, we are of the view that the construction of the hotel building itself is not found to be illegal by location wise. However, we have not checked up whether the construction is made in accordance with sanctioned plan or not. Therefore, we permit the concerned respondent to go on with the construction strictly in accordance with the sanctioned plan. The GHMC shall look into the aspect whether there has been any deviation in any manner whatsoever or not while making surprise visit. If there is any deviation, appropriate lawful measures shall be taken.
6. The GHMC shall also look into the allegations of releasing untreated drainage water in the water body. If it is so, some measures shall be taken to protect the water body with regard to its quality and quantity as well.
7. Though it is not an issue, but still after making an enquiry the learned District Judge in his report found as follows:
“Lastly, I venture to submit that a mafia has reportedly been operating in Gachibowli and other areas wherever construction activity is in progress, making demands for one or two crores of rupees from builders and on their failure to part with the demanded amount or part thereof, they are utilizing the services of environmental activists but nobody came forward to give a statement except the Director of NITHM, complaining that nearby ‘L & T Serene County’ residents, against whom NITHM filed complaints with the A.P. Pollution Control Board for stoppage of drainage water from flowing into Ramamma Kunta and the mafia, whom he did not spell out, might be behind filing of the PIL and maintained that NITHM is a Government institution established by the State Government contributing Rs.10 crores and the Central Government contributing matching Rs.10 corres and it is being managed by Smt. Chandana Khan, Special Chief Secretary (Tourism), Government of A.P., Hyderabad.”
In view of the aforesaid report, we direct the Superintendent of Police, Ranga Reddy District, to personally investigate into the matter and find out whether any person is illegally indulging in extortion or illegal manipulation in any manner whatsoever. He shall also enquire into whether any person interested is setting up any person to file public interest litigation to have personal gain in the matter. While investigating into the matter, the Superintendent of Police shall also look into whether the persons doing all these are income tax assessees or not and if they are whether they have filed any returns regularly and if they have not done, intimation in this regard shall be forwarded to the concerned Assessing Officer of the Income Tax Department, who on receipt of the same, shall take action in accordance with law, if warranted.
8. With the above directions, the public interest litigation is disposed of.
9. Status of the investigation report by the Superintendent of Police shall be submitted on the following day after reopening of Courts after Summer Vacation, 2014.
10. Matter to appear on the following day after reopening of Courts after Summer Vacation, 2014 for filing of report.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 24.4.2014
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