IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17803 of 2004 Between: 1 Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2 P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3 Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4 Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5 Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, guntur. 6 Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. ..... PETITIONERS(S) AND 1 Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 2 State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation & CAD Department, Secretariat, Hyderabad. 3 A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 4 The Superintending Engineer, Irrigation & CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 5 The Central Water Commission, Rep. by its Chairman, New Delhi. 6 The District Collector, Nalgonda, Nalgonda District. 7 The District Collector, Guntur, Guntur District. 8. Kodela Siva Prasada Rao, s/o late Sanjeevaiah, aged 57 years, r/o Narasaraopet, Guntur district. 9. Ambati Brahmanaiah, s/o Rayudaiah, Aged 64 year, r/o Vakkapatlavaripalem mandal, Nagayalanka, Krishna district. 10.Devineni Rajsekhar @ Nehru, s/o Ramakrishna Varaprasad, aged 49 years, MLA, Kankipadu Assembly Constituency, Krishna district. 11.M.Buddha Prasad, s/o M.V.Krishna Rao, aged 47 years, M.L.A., Avanigadda Constituency & Convener of Krishna Delta Parirakshna Samithi, r/o Avanigadda, Krishna district. 12. Y.Nagendranath, s/o Venkata Nageswara Rao, aged 60 years, Leader of Rythu Sangala Samithi, r/o Kondur village, Kaledendi mandal, Krishna district. 13. Akineni Bhavani Prasad, s/o Rajagopal Rao, President of Krishna District Federation of Farmers Association, Aged 63 years, r/o Geetha Grandeur, Flat No.604, Yousufguda X Roads, Hyderabad. 14. Lagadapati Rajagopal, s/o L.Ramanaidu, aged 41 years, Member of Parliament, Vijayawada. 15. Dr Y.Sivaji, s/o Y.Radha Krishna, aged 55 years, r/o Brundavan Gardens, Guntur – 522 006. 16 Dr Boragadda Srinath, s/o Sri B.Niranjan Rao, r/o Kankatava, Gudur Mandal Secretary, Krishna Delta Farmers Welfare Association, (Registered). 17. Yelamanchili Babu Rajendra Prasad, s/o Seetharamaiah, aged 41 years, r/o Vuyyuru, Krishna district. 18 B.Somasekhara, s/o B.P.N.Prasad, aged 35 years, r/o 203, Aravind Vihar Apartments, Aravind Nagar, Domalaguda, Hyderabad. (Respondent Nos.8 to 18 are impleaded as per Court order dated 17-11-2004 in WPMPs.No.24313, 24319, 24384, 24421, 24612, 25636, 25780, 26061 of 2004 respectively) .....RESPONDENTS(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in taking steps to commence the construction work of 'Pulichintala Project' without obtaining permission/environmental clearance from the Central Government as arbitrary, illegal and violative of principles of natural Justice and contrary to notification dt. 27-01-1994 issued by the 1st respondent, further direct the Respondents to shift and relocate the 'Pulichintala Project' to an alternative location immediately after the confluence of Munneru Tributary and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. W.P.M.P NO : 23349 of 2004 Between: 1 Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2 P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3 Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4 Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5 Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, guntur. 6 Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. ..... PETITIONERS (PETITIONERSs in W.P.M.PNO : 17803 of2004 on the file of High Court) AND 1. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 3. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 4. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 5. The Central Water Commission, Rep. by its Chairman, New Delhi. 6. The District Collector, Nalgonda, Nalgonda District. 7. The District Collector, Guntur, Guntur District. .....RESPONDENTS (RESPONDENTSs in -do-) Petition under Section 151 of CPC praying the High Court to direct the respondents not to go ahead with the finalization of the tenders and not to commence the construction of 'Pulichintala Project' pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 24319 of 2004 Between Devineni Rajsekhar @ Nehru, s/o Ramakrishna Vara Prasad, MLA, Kankipadu Assembly Constituency, Krishna district. ..Petitioner/Proposed respondent No.10 1 Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2 P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3 Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4 Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5 Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6 Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. Writ petitioners 7 1Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8 State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9 A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10 The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11 The Central Water Commission, Rep. by its Chairman, New Delhi. 12 The District Collector, Nalgonda, Nalgonda District. 13 The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the petitioner herein as RESPONDENT No.10 in the pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 24421 of 2004 Between Sri Lagadapati Rajagopal, s/o L.Rama Naidu, Aged 41 years, Member of Parliament, Vijayawada. …Petitioner/Proposed respondent No.14 and 1 Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2 P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3 Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4 Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5 Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6 Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. ..... PETITIONERS 7 Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8 State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation & CAD Department, Secretariat, Hyderabad. 9 A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10 The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11 The Central Water Commission, Rep. by its Chairman, New Delhi. 12 The District Collector, Nalgonda, Nalgonda District. 13 The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the petitioner as respondent No.14 in the pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 25636 of 2004 Between: Dr Boragadda Srinath, s/o B.Niranjan Rao, Aged about 40 years, r/o Kankatava, Guduru mandal, Krishna District. Secretary, The Krishna Delta Farmers Welfare Association. …Implead Petitioner/ Proposed Respondent No.16. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4. Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6. Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. …Writ Petitioners. 7. The Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the PETITIONER herein as RESPONDENT No. 16 in the above wp pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 24313 of 2004 Between: 1. Kodela Siva Prasada Rao, S/o LateSanjeevaiah, aged 57 years, R/o Narasaraopet, Guntur. 2. Ambati Brahmanaiah, S/o Rayudaiah, aged 64 years, R/o Vakkapatlavaripalem Mandal, Nagayalanka, Krishna District. …. Implead Petitioners/ Proposed Respondents 8 & 9. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4. Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6. Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. .....Writ Petitioners 7. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10.The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the PETITIONERS as RESPONDENTS 8 and 9 in the pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 24384 of 2004 Between: 1. M.Budha Prasad, S/o M.V.Krishna Rao aged about 47 years, Occ: M.L.A. Avanigadda Constituency and Convenor of Krishna Delta Parirakshana Samithi R/o Avanigadda, Krishna District. 2. Y.Nagendra Nath, S/o Sri Venkata Nageswar Rao aged about 60 years, Leader Raythu Sanghala Samithi, R/o Kondur village, Kalidendi Mandal, Krishna District. 3. Akkineni Bhavani Prasad, S/o Sri Raja Gopal Rao, President of Krishna District Federation of Farmers Association, Aged about 63 years, R/o “Geeta Grandeur” Flat No.604, Yousufguda “X”Roads, Hyderabad. …. Implead Petitioners/ Proposed Respondents 11, 12 & 13. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4. Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6. Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. ….. Writ Petitioners. 7. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the PETITIONERS 1 to 3 herein as RESPONDENTS 11 to 13 in the pending W.P.NO.17803 of2004on the file of the High Court. W.P.M.P NO : 24612 of 2004 Between: Dr. Y.Sivaji, S/o Sri Y.Radha Krishna, Aged about 55 years, R/o Brundavan Gardens, Guntur-522006. …. Implead Petitioner/ Proposed Respondent No.15. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4.Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, guntur. 6.Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. … Writ Petitioners. 7. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the PETITIONER herein as RESPONDENT No. 15 in the pending W.P.NO.17803 of 2004 on the file of the High Court W.P.M.P NO : 25780 of 2004 Between: Yalamanchili Babu Rajendra Prasad S/o Sitaramaiah, 41 years, R/o Vuyyuru, Krishna District. … Implead Petitioner/ Proposed Respondent No.17. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4. Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6. Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. …. Writ Petitioners. 7. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to permit the PETITIONER herein to be impleaded as RESPONDENT No. 17 in the wp pending W.P.NO.17803 of 2004 on the file of the High Court. W.P.M.P NO : 26061 of 2004 Between: B.Somasekhar, S/o late B.P.N.Prasad, aged 35 years, R/o 203, Aravind Vihar Apartments, Aravind Nagar, Domalguda, Hyderabad. …. Implead petitioner/ Proposed Respondent No.18. AND 1. Vedire Venkata Reddy, S/o. Veera Reddy, R/o. Flat No.4, Block No.18, MIG Phase - II, Baglingampally, Hyderabad. 2. P. Murali Manohar Rao, S/o. P. Laxman Rao, R/o. 10-3-103, Teachers Colony, East Maredpally, Secunderabad. 3. Yadala Venkateswarlu, S/o. Venkateswarlu, R/o. Vittamrajupally, Vinukonda Mandal, Guntur District. 4. Pothugunta Raja Rao, S/o. Venkata Ramaiah, R/o. Vasantharayapuram, 2nd Lane, Guntur. 5. Kusuma Ravichandra, S/o. Kistaiah, R/o. 22-12-94, Lalapet, Guntur. 6. Yangala Koteswara Rao, S/o. Venkataiah, R/o. 10/3, Arandapet, Guntur. … Writ Petitioners. 7. Union of India, Ministry of Environment and Forests, Rep. by its Secretary, New Delhi. 8. State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation&CAD Department, Secretariat, Hyderabad. 9. A.P. Pollution Control Board, Rep. by its Member-Secretary, Maitrivanam, HUDA Complex, Ameerpet, Hyderabad. 10. The Superintending Engineer, Irrigation&CAD Department, Pulichintala Project Circle, D.No.29-19-39, 2nd Floor, Dornakal Road, Suryaraopet, Vijayawada. 11. The Central Water Commission, Rep. by its Chairman, New Delhi. 12. The District Collector, Nalgonda, Nalgonda District. 13. The District Collector, Guntur, Guntur District. .....RESPONDENTS Petition under Section 151 of CPC praying the High Court to implead the PETITIONER herein as 18th RESPONDENT in the pending W.P.NO.17803 of 2004 on the file of the High Court. Counsel for the PETITIONERS: MR.HARENDER PRASAD Counsel for respondent No.1 & 5: Mr D.Prakash Reddy for MR A Rajashekar Reddy (SC FOR CG) Counsel for respondent No2, 4, 6 and 7: Advocate General Counsel for respondent No.3: Mr S.V.Bhatt Counsel for respondent No.8: Mr A.Ramanarayana for Mr P.Madhusudhana Rao Counsel for respondent No.10:Mr.S.Ramachandra Rao representing Mr. K.R.Prabhakar. Counsel for respondent No.11, 12 and 13: Mr Ramesh Ranganathan for Mr J.N.Bhushan Counsel for respondent No.14: Mr M.P.Chandramouli Respondent No.15 : Party in person Counsel for Respondent No.16: Mr Ramesh Ranganathan for Mr K.S.Raghava Kumar Counsel for respondent No.17: Mr K.Ramakrishna Reddy for Mr Kanakamedala Ravindra Kumar Counsel for Respondent No.18: Mr K.Ram Murthy for Mr.O.Manohar Reddy. W.P.M.P. Nos. 23349, 24313, 24319, 24384, 24421, 24612, 25636, 25780 and 26061 of 2004 and W.P.No. 17803 of 2004 The Court made the following COMMON ORDER: (per Hon’ble Sri Devinder Gupta, the Chief Justice) --- Petitioners, including a retired Engineer-in-Chief, A.P. TRANSCO, belong to various sections of society. Petitioners 3 to 6 and others are stated to have formed an association called “Pulichintala Project Porata Sambhavana Committee”. They claim that this association includes the affected farmers of Guntur and Nalgonda districts whose agricultural lands are situate near the proposed site of Pulichintala Project and to safeguard the interests of the people living in twelve villages situated in Nalgonda and Guntur districts, whose lands are likely to be submerged if the Project is allowed to commence at the site, this writ petition has been filed as ‘Public Interest Litigation’ on 30.9.2004. The writ petition challenges the action of the respondents in commencing the Pulichintala Project for the purpose of stabilizing the command area under Prakasham barrage. Inter alia, it is alleged that the respondents have decided to commence the Pulichintala Project without obtaining environmental clearance, as envisaged under the Environment (Protection) Act, 1986. Without obtaining such consent, the petitioners allege that the work of the proposed project cannot be commenced. 2. Rule nisi was issued in the writ petition on 4.10.2004. The petitioners also filed miscellaneous application, viz., W.P.M.P.No. 23349 of 2004, praying for issuance of directions that the respondents be restrained from finalizing the tender process and not to commence the construction work of the project during the pendency of the writ petition. Time was sought to file counter affidavit and reply to the miscellaneous application. In the meanwhile, apprehending likelihood of passing some interim orders a number of miscellaneous applications have been filed by some individuals and associations for being impleaded as party respondents to the writ petition and to permit them to submit their views before the Court. The said applications were also taken up for consideration. In view of the averments made in the implead applications, they are ordered. 3. The main relief sought by the petitioners in the writ petition is to declare the action of the respondents in taking steps to commence the construction work of the Pulichintala Project without obtaining environmental clearance from the Central Government as arbitrary, illegal and violative of principles of natural justice and contrary to the notification dated 27.1.1994 issued by the first respondent. The second relief sought in the petition is to direct the respondents to shift and relocate the Pulichintala Project to an alternate location immediately after the confluence of Muneru Tributary. 4. When we commenced hearing, learned counsel for the parties were asked to address us only on the question of grant of an interim relief, if any, as prayed for by the petitioners on the ground that environmental clearance has not been obtained. On the other aspects raised in the petition, we pointed out that the said questions would arise for consideration only after this question is answered. Learned counsel for the respondents pointed out that since elaborate arguments on the points of environmental clearance have been addressed, the writ petition itself can be disposed of. 5. Submissions were made on the question that whether or not it is obligatory on the part of the State Government to obtain environment clearance prior to commencement of the project work in any manner whatsoever or whether the work undertaken is such which would not require the said clearance. Arguments were also addressed on behalf of the State Government that though it was bound to obtain necessary environmental clearance before the commencement of the work but by entrusting the construction work to M/s. Srinivasa Construction Company after evaluation of the tenders and acceptance thereof, the only work undertaken at the site is only to assess soil strata which is a part of foundation investigation along with dam access so as to assess the soil parameters for finalization of detailed designs for the foundation of the dam. It was urged that the construction of Pulichintala Project will involve investigation work for assessing the soil parameters for the purpose of preparation and finalization of designs, drawings, etc., which form part of foundation investigation as per Central Water Commission Guidelines, 1983. The contractor has to undertake the said exercise under the present E.P.C., turn key system, who had in fact undertaken work only for the purpose of foundation investigation to enable him to finalize the design which would not come within the purview of the actual commencement of construction work of the project. The investigation and preparation of designs itself will take about six months time. In this backdrop, learned counsel for the respondents and the other impleaded respondents pointed out that there should not be any restraint on the respondents in going ahead with the work and there should not be any injunction of any kind particularly considering that it was a major multipurpose project for which clearance had already been issued by the Central Water Commission. Moreover considering the larger public interests and the persons likely to be benefited by the project, any restraint, if imposed, is likely to adversely affect the beneficiaries and will not be in public interest. 6. Some of the impleaded respondents also questioned the very locus standi of the petitioners to file such a petition as public interest litigation saying that the petition is not at all in public interest but is contrary to the larger interests of majority of the citizens of the State. Another objection is about the jurisdiction of the Court to entertain such a petition on the ground that water disputes between the Governments of Karnataka, Maharashtra and Andhra Pradesh, including the Pulichintala Project, have already been referred to Krishna Water Dispute Tribunal, which Tribunal alone can agitate these water disputes under Section 5 of the Inter- State Water Disputes Act, 1956 and in view prohibition contained in Article 262 (2) of the Constitution read with Section 11 of the Inter-State Water Disputes Act, 1956, this Court shall not exercise jurisdiction in respect of water dispute. 7 . The petitioners alleged that as per the proposal of the State Government, Pulichintala Project is proposed to be located before the confluence of Muneru tributary resulting inflow of water from Muneru into Krishna River and thereafter into Bay of Bengal. Since the capacity of Krishna barrage is only 4 t.m.c., in recent times a number of protests were received from general public with regard to location of Pulichintala Project and a report was also submitted by Engineer, T. Hanumantha Rao, the then Chairman Technical Committee, Water Conservation Mission, Government of Andhra Pradesh called “Technical Alternatives to Pulichintala Project”. The report had pointed out that the site selected was not a suitable or beneficial site. Apart from other disadvantages, the proposed project has not received any environmental clearance from the Central Government i.e., the Ministry of Environment and Forests, which is mandatory. The petitioners highlighted the fact that under the Notification issued on 27.1.1994, there is a procedure laid down in obtaining environmental clearance. The State Government is the Project Authority and has to apply for clearance. It has also to append along with its application, the proceedings of public hearing, which is also mandatory under the relevant provisions. On an earlier occasion