Hmt Nagar Welfare Association v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 23943 OF 2019 O R D E R :

This writ petition is filed challenging the action of respondent Nos.2 to 5 in trying to lay road on the North Eastern side of the petitioner's association which will damage the existing drainage pipeline and walker's track and without considering the petitioner association's representations dt.25.09.2019 and 16.10.2019.

Learned Standing Counsel for Municipal Corporation states that they are not laying any road.

Learned Assistant Government Pleader for Irrigation produced written instructions stating that they are not laying any road and the said instructions read as follows;

"... In view of the above filthy condition around the lake periphery, it is desired to develop the lake premises by removing all the deleterious material along the peripheral bund and strengthening the existing ring bund to enable regular usage of walker's track. An amount of Rs.3.14 crores has been sanctioned for late development. The components of works proposed under the above work are Box culvert, formation of ring bund, de-silting, hume pipe culverts, beautification of cycling and walking track, security room, store room, toilet block, entrance plaza, access control gate and external lighting.

In respect of underground drainage pipe line stated by the petitioner, this pipe line was laid within the fenced boundary of lake i.e. within FTL which is not permissible as per the Telangana

Irrigation Act 1357777 Fasli. This drainage pipe line is a threat to the lake ecology.

In view of the above, this department is not proposed to take up any road laying work along the north eastern side of HMT Nagar association and only the development works stated above are contemplated."

Learned Counsel for petitioner submits that writ petition can be disposed off recording the submissions in written instructions produced by the learned Assistant Government Pleader for Irrigation and also submission of learned Standing Counsel for Municipal Corporation. In view of the same, recording the aforesaid submission of learned Standing Counsel for Municipal Corporation and written instructions of learned Assistant Government Pleader for Irrigation, the writ petition is disposed of permitting the respondents to carry on their developmental activities stated in the written instructions. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

__________________________ A.RAJASHEKER REDDY, J 06.11.2019 Note: Issue CC by 11.11.2019 B/o.t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 23943 of 2019 06.11.2019 tk