Telangana High Court Pulls Up Municipal Commissioner For Inaction To Protect Lake Since 2016

The Telangana High Court came down heavy on the Commissioner of Municipal Corporation for his inaction to protect a lake spread across 26 acres since 2016. A Division Bench of Chief Justice Alok Aradhe and Justice N. Shravan Kumar questioned the Commissioner as to what had been done in regard to the mosquito menace and if the Corporation had come up with any permanent solution for the same.“You have also put up a plaque up around the lake saying ‘do not litter’ but have you cleaned it? First, you are expected to clean and then put up the sign. In the photographs, it is very clear that there is garbage everywhere. On the next date of hearing file fresh photographs, that correspond to these photographs, showing that you have totally cleaned it, to show bona fide.”The petitioner had approached the Court seeking intervention in addressing several environmental issues in Hyderabad. The issues included the deterioration of 532 lakes and 200 gardens in Hyderabad, a specific concern about the encroachment of Ramanthapur Pedda Cheruvu Lake, its use as a municipal dumping yard, resulting in contamination of groundwater, pollution, and various health hazards.Previously, the Court had directed the Commissioner Greater Hyderabad Municipal Corporation to appear before it, due to the non-filing of a status report showing measures taken to preserve and protect the Ramanthapur Pedda Cheruvu Lake. When the matter was taken up on 10th October, D. Ronald Rose, Commissioner GHMC informed the Court that he would fulfil his statutory duties and initiate steps to preserve the mentioned water body. This would include the demarcation of the Full Tank Level and actions such as fencing the tank, de-silting the water body, and enhancing its water-holding capacity. They also committed to planting in the catchment areas to prevent soil erosion and promote water conservation.The Court directed the Commissioner to ensure that the water body is not contaminated by drainage or effluents and to address issues related to mosquitoes and stray dogs.However, the court was infuriated to find that the apparent letter was sent not recently, but back in 2016. “They are very happy, nothing can be done, we sent a letter in 2016, and now even if it is 2046, we cannot do anything. We will take a serious exception to this. 2016 is 365 days, be specific, and don’t be inspired by your counsels.” Chief Justice Alok Aradhe remarked exasperatedly. HMDA was directed to be implemented as a respondent, “Office is directed to issue notice by e-mail to aforesaid authority. The office is directed to print the name of Mr. V. Narasimha Goud, learned Standing Counsel for HMDA.”On the previous date of hearing, it was also contended that, the garbage that was being dumped and accumulating around the lake, had become a breeding ground for mosquitos and attracted other pests and dogs.The Court reiterated that the FTL, which is a public duty, has to be notified by the next date of hearing, and serious action will be taken against all authorities responsible. “You are just shifting the burden, creating confusion, preventing the Court from passing effective orders. Sorry to say. Do not try to confuse us. In a public interest litigation, this cannot be your approach. If you are saying the irrigation department has to pass the notification, then you file an affidavit as to why you have not done it till now.”The Court further ordered that as soon as the notification is issued, GHMC will put up a fence around the lake, de-slit the lake to increase holding capacity and undertake work of plantation in the catchment areas to stop soil erosion and de-silting of the tank. While directing the Commissioner to be present on the next date of hearing, the Court has also directed K.Ravinder Reddy, Standing Counsel for GHMC to file an affidavit of the Secretary, Municipal Administration, and Urban Development Department, Hyderabad about the steps taken by the Secretary, Municipal Administration, and Urban Development Department, Hyderabad for preservation of the lake. The matter is posted after 2 days. Case Title: Dr.K.L.Vyas, Professor v. Commissioner, Uppal MunicipalityCounsel for respondent: K Ravinder Reddy, SC for GHMCClick Here To Read/Download Order

Telangana High Court Pulls Up Municipal Commissioner For Inaction To Protect Lake Since 2016

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