HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.291 OF 2014
DATED: 01.12.2014 Between:
Katakam Mruthyunjayam … Petitioner And The Union of India 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.291 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Public Interest Litigation has been filed for the following reliefs:
“….to issue a writ, order or direction, one more particularly in the nature of a Writ of Mandamus
(i) declaring the action of the Respondent Nos.2 to 9 without adhering the statutory requirements in upgrading and expanding the MMKK Road works 53 Kms Forest Land, Karimnagar Dist vide proceedings F.No.8- 29/2007-FC issued by the 1St Respondent Authority which was prima-facie evident from the Lr.No.Supdt./EEP/2014-15/501, dt:03.07.2014 from 9th Respondent, Rc.No.3237/S4/1994, dt:26.09.2014 issued by the Divisional Forest Officer, Karimnagar (East), Telangana State is illegal, arbitrary without jurisdiction and also violation of Articles 14, 21, 48(A) and 51-A(g) of Constitution of India and
(ii) Consequently direct the official Respondents to strictly adhere and follow the remedial Measures/Guidelines in laying the Roads in respect of Mahadevpur Muknoor - Kanakannoor - Kataram area about 53 Km of Forest lands, wild life and nearby the Sivaram wildlife Sanctuary, Karimnagar Dist, Telangana State.
(iii) Further, direct the Respondent Nos.1 & 3 to conduct enquiry into the statutory violations and their own undertakings given by the Respondent Nos.5 to 9 in laying Road (improvement and upgrading Mahadevpur - Mukunoor - Kanakanoor - Kataram Road from 13/5 to 90/5 Kms (53 Kms of forest lands) and also causing violation of the provisions of Wildlife protection Act-1972 in reference to the in and around Wildlife and also "Sivaram Wildlife Sanctuary", Karimnagar District, Telangana State.
(iv) and also to direct the Respondent Nos.1 to 3 to frame the Departmental Guidelines etc in reference to the protection of wildlife, more particularly nearby the wildlife sanctuaries, Forests, Water bodies etc and Circulate the said Authentic Guidelines (precautionary measures etc) to Central and State Governments and their authorized persons etc in the process of strengthening the Doctrine of Public Trust.
(v) Further direct the Respondent Authorities and their Departmental personnel to take all protective and remedial measures to safe guard the wildlife sanctuaries situated in State of Telangana and State of Andhra Pradesh more particularly in reference to the Sivaram Wildlife Sanctuary, Karimnagar District by taking all appropriate, effective remedial measures to curb the illegal, unauthorized works being conducted by the State and Central Government Departmental personnel more particularly Respondent Nos.8 and 9 as well others etc.
It is very difficult for us to understand what the relief is exactly asked for by the petitioner in this Public Interest Litigation. Moreover, it appears, some of the reliefs pertain to the State of Andhra Pradesh and some pertain to the State o f Telangana and the State of Andhra Pradesh has been made as a party. With this impleadment, it is difficult for us to entertain this Public Interest Litigation.
This Public Interest Litigation is accordingly dismissed. However, the petitioner is given liberty to file a fresh one with a prayer which can be understood by the Court and by impleading necessary parties. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
1st DECEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
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