HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21123 of 2011 Date:11.08.2011 Between: J.Venkateswarlu ..... Petitioner AND The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad And five others. .....Respondents Counsel for the Petitioner: Sri Srinivas Emani Counsel for Respondent Nos.1 to 3: Sri R.Radhakrishna Reddy Standing counsel for GHMC Counsel for Respondent Nos.4 to 6: Sri V.Sudhakar Reddy, Standing Counsel for HMWS The Court made the following: ORDER: The petitioner, a retired bank employee, filed this Writ Petition with the complaint that despite Circular, dated 18.05.2011, of respondent No.1 keeping in abeyance the road cutting permissions issued by Greater Hyderabad Municipal Corporation to all the agencies, respondent Nos.4 to 6 have been continuing with the road cutting work for laying drainage pipe line in the colony in which he is residing. It is the case of the petitioner that there are 23 houses existing in his colony, which are all old, constructed with lime and plastered with cement; that respondent Nos.4 to 6 are digging the earth to a width of about 8 to 10 feet and to a depth of about 25 feet for laying an extra drainage pipe line in the lane, in which his house is situated; that the said work is likely to be commenced in the second week of July, 2011. It is further averred that all the residents of the colony anticipating health and safety problems approached the authorities concerned for stopping the work in pursuance of the above mentioned circular and that, despite their efforts in this regard, respondent Nos.4 to 6 are unrelenting. In his additional affidavit, the petitioner stated that despite furnishing a copy of the interim order of this Court to strictly follow the circular, dated 18.05.2011, of respondent No.1, respondent Nos.4 to 6 have been digging the road. He has also filed photographs in support of his plea. In the counter-affidavit filed by respondent No.6, it is inter alia stated that the existing sewerage lines were overloaded in Zone-2 area of Old City i.e., South of Musi consisting of about 30.65 square kilometres; that for rehabilitation and strengthening of the existing drainage lines, cost estimates were made for Rs.250 crores. It is further stated that at present, the estimated sewerage that is flowing through storm water drains due to insufficient capacity in the old system built, in the year 1931, is about 47.08 MLD, and if the present project is completed, the said quantity of sewerage will be taken through the existing and the newly constructed STPs for treatment and disposal. It is further stated that under the Jawaharlal Nehru National Urban Renewal Mission (for short ‘the JNNURM scheme’), the project is being implemented; that it was commenced on 29.11.2008 and the funds sanctioned under the said scheme have to be utilized on or before 31st March, 2012; and that the expected time to complete the project is by the end of December, 2011. The counter-affidavit relied upon the powers of the Hyderabad Metropolitan Water Supply and Sewerage Board under Section 56 of the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 and it is stated that if the work is obstructed at this juncture, there is every likelihood of stagnation of sewerage. It is further stated that the work is completed up to the house of the petitioner and the same will be completed in front of the petitioner’s house within 4 or 5 days. From the stand taken in the counter-affidavit, it is quite evident that the work in dispute was undertaken for the purpose of relieving the pressure on the existing drainage system with a huge cost of Rs.250 crores. Undoubtedly, this work is intended to create additional facility to the residents of the Zone in question and to ensure that the stagnation of sewerage water will not occur in future. Even though the circular upon which the petitioner places reliance says that all road cutting permissions are kept in abeyance during monsoon, by its very nature, the same is generic and is not referable to the permission given to respondent Nos.4 to 6 in the present case. The work under the JNNURM Scheme was commenced in the year 2008 itself and is under way. In the light of this admitted fact situation, the petitioner who is only an individual, and failed to give any reason for the association, which is stated to have made representations, in not filing this Writ Petition, cannot be permitted to stall the work of such public importance only on the ground of the general circular issued by respondent No.1. The petitioner cannot be oblivious of the consequences which may lead to stalling of the work, when especially the road was already excavated to deeper levels, as evident from the photographs filed by him. If this Court intervenes at this juncture, on the basis of the above mentioned circular, it would cause more harm to public interest rather than advancing the cause, which the petitioner is seeking to espouse. At any rate, as noted above, respondent No.6 has undertaken in the counter-affidavit that the work will be completed in 4 or 5 days in front of the petitioner’s house. As the petitioner is not seeking to plead the cause of others, being an individual, the grievance, if any, raised by him is confined to his individual interest. Learned Standing Counsel appearing for the Hyderabad Metropolitan Water Supply and Sewerage Board stated that a manhole is being constructed and that the entire work in front of the petitioner’s house will be completed in 4 or 5 days’ time. For the above mentioned reasons, I am not inclined to grant the relief as claimed by the petitioner in the Writ Petition. Respondent Nos.4 to 6 are directed to complete the work in front of the petitioner’s house within a period of one week from today. With the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, the interim order, dated 27.07.2011, is vacated and W.P.M.P.No.25710 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 11thAugust, 2011 DR