IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 4th DAY OF JULY, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION Nos.26874 AND 27330 of 2009 Between: K.Maha Laxmi and others … Petitioners And The Vijayawada Municipal Corporation, rep. By its Commissioner and another … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION Nos.26874 AND 27330 of 2009 COMMON ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) These two writ petitions, in the form of Public Interest Litigation, are filed by the writ petitioners exposing the miseries of the people of Currency Nagar, which was part of Gunadala Panchayat Limits, Vijayawada with regard to the construction of Drainage at Currency Nagar. Some of the residents of the said locality earlier filed W.P.Nos.27710 of 2008 and 5756 of 2009 before this Court stating that the Vijayawada Municipal Corporation (for short, “V.M.C.”) was constructing open drain without following due process of law and there is a chance of demolition of existing structures and the ingress and egress of their houses would be totally blocked, to which necessary counter affidavits have been filed by the V.M.C. explaining the proposal to construct the drain with 20 feet width and 6 feet depth in Currency Nagar area to connect from Vijayanagar Colony to Gunta Tippa drain area at a length of 3.6 kms being constructed under JNNURM Scheme. This Court disposed of the said writ petitions by a common order, dated 07.09.2009, directing the petitioners to submit their objections within four weeks against the construction of the drainage in question and on making such objections, the Commissioner of V.M.C. was directed to consider the same and pass appropriate orders after calling for a factual report from the responsible officer. Till filing of such objections and its disposal, status quo obtaining as on the date of the order, shall be maintained in all respects. In obedience to the directions issued as above, the petitioners in the above writ petitions filed their objections numbering 12, as detailed in the impugned order dated 04.11.2009, which have been rejected stating that the detailed project report submitted to the Government of Andhra Pradesh as well as the Government of India and moreover for this particular work, Government accorded sanction in G.O.Rt.No.5 M.A., dated 03.01.2007 to undertake the work with an estimated cost of Rs.4,912 lakhs. Already 70 Kms length of Storm Water Drain was constructed in Vijayawada city and no objections were received from the public. With regard to objection No.4 namely to use the 60 feet road left for Master Plan and to convert the same into open drain, it is stated that an outflow of drainage is also a co-existing structure of a road and both cannot be separated. The entire 60 feet Z.D.P.Road was not converted into a drain. Only a 20 feet width of a road was converted into a drain and it is required as it is a major drain to drain out the storm water in the catchment area. With regard to objection No.8 about the suffering of the inhabitants with diseases like Chikungunea, Dengue, Malaria, Filaria, etc., it is stated that the purpose of constructing the drain itself is to drain out the water to prevent stagnation of water and ultimately to avoid mosquito-breeding places. After the construction of the drain there cannot be any stagnation of water, which is the source for breeding of mosquitoes and that the said measure is beneficial for the public. On objection No.9 that the drinking water and air will be polluted and would cause health hazards, it is stated that if the drain is not constructed the rain water stagnates everywhere and that will be a major pollution and health hazard and that if the drain is constructed it will be a measure not to percolate the drain water into the bores and wells etc., and the purpose of construction of drain is to clear the stagnations and to allow the storm water to be drained easily. With regard to the objection that the children will be drowned in the open drainage, particularly during rainy season, it is stated that the V.M.C. is taking every precaution in putting caution boards etc., wherever there is possibility of drowning or any other danger. For the objection that because of the proposed 20 feet drain, 80% of the inhabitants would lose pathway, it is stated that no private land is taken for the construction purpose. For the last objection made by the A.P.Pollution Control Board also, it is stated that the Pollution Control Board authorities have not submitted a report to the High Court and only suggested certain remedial steps in case of any problem and also for a line canal and for regular cleaning of canal to avoid bad smell etc. Accordingly, the objections were rejected stating that none of the sites of the writ petitioners, who filed writ petitions earlier, have been encroached for the purpose of construction of drainages nor they raised any objection that their lands were affected due to the construction of the drain through their lands and accepted that the drain being constructed is in the road portion belonging to V.M.C. The drain is being constructed for the public purpose in the area to prevent frequent stagnation of water during rainy season to avoid health hazards. We have heard the learned counsel for the petitioners and also the learned counsel for the respondents and perused G.O.Rt.No.5, dated 03.01.2007, where the Director, Ministry of Finance, Department of Expenditure, through its letter dated 23.11.2006 in File No.44(1)/PF- 1/2006-161, the Government of India have released an amount of Rs.614 Lakhs towards the share of the Central Government (1st installment being 25%) for the project of providing Storm Water Drainage system for uncovered area in circle-I, II & III and M.G.Road in V.M.C. Based on the sanction order issued by the Government of India, the total project cost works out to Rs.4912/- lakhs, out of which 50% will be shared by the Government of India to a tune of Rs.2456 lakhs, 20% by the State’s share and the balance of 30% will be shared by the V.M.C. In the counter affidavit filed by the Commissioner, V.M.C., it is stated that a detailed project report for the construction of the drain was submitted for the project sanction and any deviation may be approved by the project sanctioned authorities. It is stated that a drain was being constructed with 20 feet width and 6 feet depth in Currency Nagar area to connect from Vijayanagar Colony to Gunta Tippa drain area in a length of 3.6 k.ms and denied the diversion of the drain into the petitioners’ site and the drain construction is carried on only along with 60 feet wide road portion left by the petitioners while selling a portion of their site as house plots. The Drain construction is very essential to number of colonies, recently developed in those areas and the drain is constructed by utilizing the funds under the JNNURM Sheme, confining strictly along with the 60 feet wide road and no encroachment of private land was made by the authorities in constructing the said lands. The construction of the drain will solve many problems being suffered by the public, which are health hazards, and by the said construction there cannot be any stagnation of the water. From the above facts, it is clear that the project work undertaken by the Municipal Corporation was approved by the Central Government of India and 25% of the amount was released towards its share being the cost involved for such construction of the drain and the State Government also have agreed to share 20% of the cost and the balance will be shared by the V.M.C. But none of the objections raised by the petitioners found favour with the authorities. Further, Section 293 of the Hyderabad Municipal Corporation Act, 1955, which is made applicable to V.M.C., authorizes the Commissioner to carry out such drainage works in the public streets or in the private properties after giving reasonable notice to the owners whose lands are likely to be affected. Since the lands of many of the petitioners who invoked the jurisdiction of this Court earlier, have not been affected, their objections have been rejected. The main grievance of the petitioners that an open drain was constructed with 20 feet width and 6 feet depth, is not at all called for. Since it is a major drain work to connect many of the colonies for easy flow of the rainy water and once the technical drain work is approved by the authorities concerned, it is not for the petitioners to say that the depth of the drain should be reduced. It is only a technical issue, which neither the courts nor the petitioners will have expertise in that regard. Further, it was contended that if the construction of the drain is not attended regularly, there is a possibility of the children falling into the said open drain and in turn they will loose their lives. For that the learned counsel for the Municipal Corporation had given an undertaking that they will construct a barricades wherever drain passes through the locality and the same will be covered up with the mesh. Due to the financial constraints the Corporation could not undertake a closed drain and therefore, we direct the Commissioner, V.M.C. to erect the poles and cover the sites of the nala with mesh upto a height of 6 feet, as being done in many places of the municipal areas to prevent dumping of the garbage into the same which will block the free flow of the water and stagnate the drain water and will also cause a breeding center for the mosquitoes spreading various diseases. Therefore, as suggested by the Pollution Control Board, the Corporation should periodically undertake all such measures for free flow of the drain water without there being any stagnation, by taking all the safeguard measures. With the above directions, writ petitions are disposed of. No costs. ________________ A.GOPAL REDDY, J ____________ K.C.BHANU, J 4th August 2010 lmv