HC gives TS 2 weeks to file response on GO 69 issued to nullify GO 111

Hyderabad: A Telangana High Court Division Bench headed by Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy on 22 August heard two writ petitions seeking direction to the state government for strict implementation of government order (GO) 111 dated 8 March 1996 which restrains any type of development or construction activity within the radius of 10 km from Osman Sagar and Himayat Sagar lakes.

The court directed the TS government to file its response within two weeks as 15 years have passed since the filing of the writ petitions.

Taking a serious note of the lackadaisical attitude of the principal secretary to the Telangana municipal administration and urban development department for not adhering to the orders of the court, the Chief Justice Bench was about to impose a fine of Rs. 25,000 on the officer. However, at the request of Rama Rao, the standing counsel for HMDA, the court restrained from doing so.

Chief Justice Ujjal Bhuyan, during the hearing, said, "When will the state file its counter affidavit in the writ petition filed in 2007 as 15 years have already passed? …despite clear orders of the court, the state is taking things lightly…this court is deeply saddened by the conduct of the advocate general who has not understood the significance of the order passed by this court."

The petitioners in the writ petitions – Dr. S. Jeevananda Reddy of the Forum for a Better Hyderabad (NGO) and Omin Maneckshaw Debara – sought direction to the TS government to implement GO 111 as the government has failed to check illegal constructions and development activities downstream of Osman Sagar and Himayat Sagar lakes.

K.S. Murthy, the counsel appearing for the petitioners, informed the Chief Justice Bench that the state government has issued GO 69 to lift all restrictions imposed by GO 111. However, a committee will be appointed to formulate restrictions that can be imposed.

The petitioner's counsel pleaded before the court to issue a direction to the Telangana government to place all such restrictions that the state intends to impose through GO 69. According to the counsel, the High Court and the Supreme Court have reiterated in their orders that the restrictions imposed by GO 111 should not be tampered with so that the twin water bodies are untouched or not polluted as they serve the drinking water needs of the twin cities, but contrary to the orders, the state has come up with GO 69 which is in sheer violation of the Supreme Court orders.

At the request of Mr. Rama Rao, the standing counsel for HMDA, the Division Bench gave the state two weeks to respond and file its counter affidavits.