THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 21036 of 2007 ORDER: This writ petition is filed questioning the inaction of respondent Nos. 1 to 4 in preventing respondent Nos. 5 to 6 and their developers in making illegal constructions in Osman Sagar Tank Bund of Deveulapalli Hamlet of Himayath Nagar Village, Moinabad Mandal, Ranga Reddy District, as illegal and arbitrary. According to the petitioner, he is the owner and possessor of the land in an extent of Acs. 4.10 guntas in Survey No. 23 of Devulapally Hamlet of Himayatnagar Village, Moinabad Mandal, Ranga Reddy District. The total area of Acs. 11.35 guntas, which is comprised in the said survey number, is situated in the tank bund of Osman Sagar Lake (Gandipet) and the same is agricultural land. While so, it is the case of the petitioners that respondent Nos. 5 and 6 claiming ownership over the said entire extent of land, permitted their builders to construct houses in the land, which they earmarked as plots, without any authority under law. As respondent Nos. 5 and 6 were changing the nature of the land, the petitioner states that he filed a revision before the Joint Collector – II, Ranga Reddy District, under Section 9 of the A.P. Rights in Land and Pattedar Pass Books Act, 1971, and the same is pending. The petitioner states that the Government issued G.O. Ms. No.111, Municipal Administration and Urban Development (II) Department, dated 08.03.1996, prohibiting any form of activities, such as establishment of industries, hotels, residential colonies etc., in the catchment areas of Himayatsagar and Osmansagar lakes, upto 10 Kms from Full Tank Level. Since respondent Nos. 5 and 6 in the land in question, in contravention of the provisions of the said G.O., are making constructions in the land in question, the petitioner filed the present writ petition seeking appropriate directions to respondent Nos. 1 to 4 to stop the illegal constructions being made by respondent Nos. 5 and 6 through their builder. Respondent Nos. 1 and 2 filed detailed counter-affidavit stating that they are not competent authorities to prevent any illegal constructions in the tank bund of Osman Sagar and that Hyderabad Metropolitan Development Authority (HMDA) is the competent authority to prevent the unauthorized/illegal constructions and implement the orders issued in G.O.Ms.No.111, dated 18.03.1996. Since it was brought to the notice of this Court that under G.O.Ms.No.157, Municipal Administration and Urban Development (I) Department, dated 06.04.2010, a Lake Protection Committee has been constituted for preservation and protection of lakes in HMDA area and HMDA is the competent authority to prevent the illegal constructions over the land in question, this Court, on 19.04.2010, suo motu impleaded the Metropolitan Commissioner, HMDA as party respondent and directed the learned Standing Counsel for HMDA to file counter-affidavit. The Chief Planning Officer, HMDA, who was impleaded as party-respondent No.8 filed detailed counter supported by material papers, stating that they have already directed the District Collector, Ranga Reddy, vide proceedings dated 11.02.2008 and 13.10.2008, to immediately take action on the unauthorized and illegal constructions in the catchment of the two lakes in exercise of powers conferred upon him under Section 23(3) of the HMDA Act, 2008. This apart, further they have vide letter dated 24.03.2009, requested the District Collector, Ranga Reddy District, to immediately take action against the unauthorized constructions, said to be taking place in Sy. No. 23 of Devulapally Hamlet of Himayatnagar village in Moinabad Mandal. That the officials of the HMDA inspected the site and found that the site consists of mango garden with a developed 30 feet internal road and 10 duplex houses, which were constructed are at the finishing stages. That in Sy. No. 23 of Devulapally Hamlet of Himayatnagar village in Moinabad Mandal, is earmarked for recreational use zone in the revised master plan, notified vide G.O. Ms. No. 228, MA, dated 03.04.2008. It is further stated that in the area earmarked for recreational use zone, residential activity is prohibited, and that they have taken steps to prevent the illegal activity in the catchment, by issuing advertisements in local news papers, and requested the local bodies to take action against the illegal constructions, and in the instant case, they have also demolished the illegal structures. Even though the Government issued G.O.Ms.No.157, dated 06.04.2010, whereby Lake Protection Committee has been constituted for preservation and protection of lakes in HMDA, it does not serve the any purpose, unless and until an Executive Agency is constituted to protect the lakes and remove the illegal encroachments/constructions made on their beds. Therefore, this Court, on 21.10.2010, directed the Chief Secretary to Government to examine the feasibility of constituting a Task Force or Committee, for discharge of the functions that may be given by the Lake Protection Committee. Today, when the matter is taken up, the learned Special Government Pleader representing the learned Advocate General has produced a letter dated 08.11.2010 addressed by the Chief Secretary to Government. A perusal of the said letter dated 08.11.2010 would disclose that that in pursuance of the orders of this Court, dated 02.02.2010, in W.P. Nos. 9386 and 14728 of 2007 and 20072 of 2008, a Lake Protection Committee has been constituted for preservation and protection of lakes in HMDA area, pending consideration of enactment of separate legislation for constitution of Lake Protection Authority, with the Metropolitan Commissioner, HMDA as the Chairman vide G.O.Ms.No.157 MA dated 06.04.2010; that the decisions taken in the Lake Protection Committee meetings will be implemented by the Executive/Regulatory Authorities of the concerned Department at field level within the powers vested on them; that the Metropolitan Commissioner, HMDA being the Chairman of the Committee is conducting the Lake Protection Committee meetings and taking preventive measures to protect the lakes; that the Metropolitan Commissioner, HMDA has recently submitted draft legislation on “Protection of lakes in Andhra Pradesh” to the Government in MA & UD Department and the same is under active consideration of the Government in consultation with Law and other advisory Departments concerned and that it will take some time for enactment of separate legislation duly following the procedure in vogue, for protection of lakes. The above letter dated 08.11.2010 is placed on record. Further considering the fact that respondent No.8, namely HMDA, is said to have already taken steps to prevent illegal constructions on the catchment areas by directing the authorities concerned and also is said to have demolished the illegal constructions made by respondent Nos. 5 and 6 through their builder, nothing survives for adjudication in the writ petition. Hence, the writ petition is closed. There shall be no order as to costs. N.V. RAMANA, J Date: 25.11.2010 va