IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and THE HON'BLE MS JUSTICE G.ROHINI TAKEN UP WRIT PETITION NO : 11890 of 2002 Between: Dr. K.L. Vyas, Environmentalist ,R/o. Flat No.112, Plot No.5, Sowmya Apartments, HUDA, Complex, Saroornagar, Hyderabad. ..... PETITIONER AND 1. The Mandal Revenue Officer, Puttur, Chittoor District. 2. The Mandal Revenue Officer, Vadamalapet, Chittoor District 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Mandal Panchayat Officer, Puttur, Chittoor District’ 5. The District Development Officer, Chittoor District. 6. The Collector & District Magistrate, Chittoor District. 7. The Member Secretary, AP Pollution Control Board, Hyderabad. 8. The Secretary to Govt. of AP Forest , Energy, Environment, Science and Technology Department, Secretariat, Hyderabad. 9. The Secretary to Govt. of A.P ,Irrigation Dept., Secretariat, Hyderabad 10. The Secretary to Govt. of A.P Panchayat Raj Dept., Secretariat, Hyderabad 11. T. Gangulu, s/o. T.Munaswamy, 65 years, 12. P,. Rajamma, w/o. Varadaiahy, 60 years, 13. N.Ammannai, w/o.Venkatesh, 32 years 14. K.Subramanyam, s/o.Manikyam, 38 years, 15. S.Subramanyam, s/o. Mumaswamy, 47 years 16. S.Munuswamy, s/o.Munuswamy, aged 35 years 17. M.Narasimhulu, s./o.Munuswamy, aged 70 years, 18. M. Krishnaiah, s/o. Muddumandadi, 50 Years 19. T.Subramanyam, s/o.Ramaiah, 38 years 20. D.Nageswara Rao, s/o.Ramaiah, 40 years, 21. T.Ramesh, s/o.Munaswamy, aged 38 years 22. K.Sampoornamma, w/o.Gopal aged 45 years, 23. K.Neeladharam, s/o.Arumugam, agede 38 years 24. T.Chinnamma, w/o.Nadamuni Chetty, 80 years 25. S,.Venkataiah, s/o.Chengaiah, 40 years 26. K.Varma, s/o. Subbaraju , aged 40 years 27. T.Subbaramanyam, s/o.Sanjeevi, aged 40 Years 28. P.subramanyam RAJU, S/O.sUBBA raju, 55 years 29. M.subramanyam , s/o.kuppaiah, aged 50 years 30. P.Vasu, s/o. Ithemandadi, Aged 50 years 31. C.Lakshmana Raju, s/o.Venkata Raju, 38 years 32. M.Subbarama Raju, s/o.Gangaraju, aged 52 years, 33. A,Ramanamma, w/o.Subramanyam, 42 years 34. G.Munuswamy, s/o. Aretimandadi, age 50 years 35. P. Narayana Swamy, s/o.Munaswamy, age 46 years 36. B.Doraswamy, s/o.Govindaiah, age 40 years 37. P.Arjunaiah, s/o.Venkataiah, age 50 years 38. B.Adilakshmi, w/o.Subramanyam, age 45 years 39. K.Venkatrama Raju, s/o.Venkama Raju, age 63 years 40. M.Subbulamma, w/o.Venkataiah, age 48 years 41. M.Eswaraiah, s/o.Kuppaiah, age 30 years 42. B.Munirathnam, s/o.Venkataiah, 53 years 43. K.Munemma, w/o.Arumugam, age 60 years 44. T.Hari, s/o.Govindaiah, age 38 years 45. T.Govindaiah, s/o.Venkatesh, age 70 years 46. V.Chinnamma, w/o.Varalu, age 40 years 47. V.Seenaiah, s/o.Mangaiah, age 55 years 48. V.Munikrishnaiah, s/o.Mangaiah, age 60 years 49. V.Anasuya, D/o. I.L.Naidu, age 40 years 50. T. Harinadh, s/o.Munaswamy, age 52 years 51. P. Babu, s/o.Chennappa age 40 years 52. G.Sreehari Raju, s/o.Venkat Raju, age 61` years 53. R.Chandra Sekhar Raju, s/o.Subba Raju, age 55 years 54. R.Muni Raju, s/o.Ramachandra Raju, age 30 years 55. M.Rama Raju, s/o.Mannachi Raju, age 62 years 56. G. Subbaragava Raju, s/o. Narayana Rajuaged 65 years 57. V.Chengal Raju, s/o.Naga Raju, age 76 years Petitioners 11 to 57 are resudebts of S.B.R. Puram Village, Vadamalpet Mandal, Chittoor District. R.11 to R.57 are impleaded as per Court order Dated 12-6-2003 in WPMP No. 13483 of 2003 .....RESPONDENT 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 Writ of Mandamus calling for remarks and records from the respondents herein, and connected to the extinction of Gullur Lake situated in Taduku village of Chittoor District, extends about 439 acres, which is perennial source of water for 20 villages, built 350 years ago, which was facing the danger of extinction due to: 1) Official apathy and inaction; 2) Illegal encroachment of the Lake bed; 3) laying roads, construction of house in the Lake area; and 4) Removal of lake water on account of which people of 20 surrounding villages have been struggling from last 10 years to protect this lake but no results have been achieved so far and to pass orders directing the concerned authorities to take necessary steps; 1) to protect, preserve and conserve the lake; to demarcate lake boundaries; to remove all illegal encroachments; to de-silt the lake to increase its water holding capacity; to develop greenery on shore-line; to promote economic activities 9lie fishing) to increase employment potential and to strengthen the lake bund in the interest of public; Counsel for the Petitioners: PARTY-IN-PERSON (Not present) Counsel for the Respondent Nos 1to6& 8to10.: GP FOR REVENUE Counsel for the Respondent No.7: MR E. KALYAN RAM, ADVOCATE Counsel for the Respondent Nos.11to 57:MR V.JAGAPATHI,ADVOCATE The Court made the following : ORAL ORDER : (per Hon’ble the Chief Justice). This petition was registered on the basis of letter received from Dr K.L.Vyas, Environmentalist, being public interest litigation. Legal assistance was given and Dr. C.Subbarao had been appearing for the petitioner. Considering the averments made in the petition, directions were earlier issued which later on were recalled and fresh report was called for from the District Collector, Chittoor. On 12-04-2004 Dr.C.Subbarao, learned counsel for petitioner appeared and prayed that he may be relieved from appearing in the case since the petitioner seems to have no stakes in the matter. Accordingly, the name of Dr C. Subbarao, had been deleted. Petitioner thereafter has not taken any interest in the matter. District Collector, Chittoor, had sent his latest report dated 09th June 2004 pursuant to the orders passed by this Court on 18-12-2003 in Writ Petitions Nos.25382 of 2003 and 25385 of 2003. Those petitions came to be filed after orders were passed in this writ petition calling for the report and directing the Collector to ensure compliance of the orders. Now the Collector has reported that the houses and sheds in Sy.Nos.196/10, 11, 12 & 13 and Sy. No. 245/1,2,3 & 4 were constructed 20 years ago by the persons who purchased patta lands from the pattadars in the eastern side of the village and will not diminish the water storage capacity of Gullur tank. Even if the tank receives water upto full capacity, the water never enters the houses and sheds since the level of the houses is higher than the surplus level of the tank. In that view of the matter, no further directions deserve to be issued in this writ petition. Accordingly, writ petition stands closed. _______________________ DEVINDER GUPTA, C.J. ______________ G. ROHINI, J. 13-7- 2004 Kvrk To 1. The Mandal Revenue Officer, Puttur, Chittoor District. 2. The Mandal Revenue Officer, Vadamalapet, Chittoor District 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Mandal Panchayat Officer, Puttur, Chittoor District’ 5. The District Development Officer, Chittoor District. 6. The Collector & District Magistrate, Chittoor District. 7. The Member Secretary, AP Pollution Control Board, Hyderabad. 8. The Secretary to Govt. of AP Forest, Energy, Environment, Science and Technology Department, Secretariat, Hyderabad. 9. The Secretary to Govt. of A.P, Irrigation Dept., Secretariat, Hyderabad. 10. The Secretary to Govt. of A.P Panchayat Raj Dept., Secretariat, Hyderabad. 11. Two CCs to G.P. for Revenue, High Court Buildings, Hyd. (OUT) 12. The Special Officer, Public Interest Litigation Cell, High Court 13. The Secretary, A.P.S.Legal Aid and Advisery Board, High Court Buildings, Hyderabad. 14. The Secretary to Government of A.P., Home Department, Secretariat, Hyderabad. 15. Two CD copies.