INTELLECTUALS FORUM TIRUPATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A Registered society called "The Intellectual Forum, Tirupathi", has filed these two writ petitions. Writ Petition No 7955 of 1995 is filed against the respondents-State of Andhra Pradesh and the Tirumala Tirupathi Devasthanams seeking a writ of mandamus directing them not to use the 'peruru tank' for any other purpose than for what it is meant, viz., the storage and percolation purposes, by setting aside G.O.Ms. No. 181, Revenue Department, dated 15-3-1991, declaring the same as illegal, arbitrary and violative of Article 21 of the Constitution of India. The second one, Writ Petition No. 8650 of 1994, is filed initially against the very same respondents to set aside G.O.Ms. No. 84, Revenue Department, dated 28-1-1994 issued by the State of Andhra Pradesh and to direct the respondents to restore the 'Avilala tank' situate at Avilala as a percolation tank in its entirety and further direct the respondents not to alienate or assign the "Avilala tank' for any other purposes in future. Subsequently, by order, dated 25-7-1996 in WPMP 17796 of 1996, the A.P. Housing Board was impleaded as third respondent in Writ Petition No. 8650 of 1994.

(2.) Since the two writ petitions are connected, they are heard together and being disposed of by this common order.

(3.) Petitioner Forum is a registered society under the Societies Registration Act with the main object of identification and solution of common problems of the residents of Tirupathi. The petitioner, having noticed that the ground water table at Tirupathi has been fast receding, undertook a scientific search and found that the closure of the various percolation tanks is the reason therefor. Petitioner states that the people in Rayalaseema, more particularly of Chittoor District, have no perennial water source and are dependent on rain and ground water for domestic as well as for agricultural operations. However, Tirupathi has a high hill range to its north, which contributes an annual average rainfall of not less than 100 cm, and for the past several decades Tirupathi and surrounding area are having not less than 20 tanks that receive rainwater. These tanks are catering to the needs of the local residents besides the percolation needs, and recharging the ground water reservoir for agricultural needs. According to the petitioner, as per the Census of 1991, Tirupathi has got 1,88,540 persons as the permanent residents. Quoting the census figures right from 1951 to 1991, the petitioner states that daily about 25,000 pilgrims visit Tirupathi and it may touch one lakh on festive days. Taking the average need of water at 40 gallons per head per day, 170 lakh gallons of water is required for domestic needs alone besides the need of water for other establishments, and a total of 225 lakh gallons of water is required per day to meet all types of need. As against this, only 60 lakh gallons per day is available from Kalyani reservoir constructed in 1978. Out of it, 35 lakh gallons only is being supplied at present and the remaining 25 lakh gallons can be pumped in by providing an additional main line. The rest of the water requirement is met by ground water only. Realizing the need of water and the fact that ground water is the only source, many tanks were dug as percolation source. Aviala tank (subject-matter of the other writ petition) which is about 300 acres is sought to be closed to develop residential colony for the benefit of the Tirupathi Urban Development Authority. The Peruru tank had a registered ayacut of about 230 acres and it was a minor irrigation source as per the government record. Petitioner complains that the government had completely neglected to maintain the Peruru tank and by G.O.Ms. No. 181, Revenue Development, dated 15-3-1991, the government sought to alienate Ac. 183.95 cents in Sy. No. 546 of Peruru village, which is part of watershed area of Peruru tank, in favour of the 2nd respondent and the 1st respondent intends to alienate the balance land out of Ac 230 acres in favour of TUDA for converting them as house site plots. Petitioner states that the first respondent-government has no right to close down any percolation sources and disturb the ground water table and create scarcity of water. According to the petitioner, it made several representations to the Government putting forth its grievance and as the impugned G.O.Ms. No. 181, Revenue Department dated 15-3-1991 and G.O.Ms. No. 84, Revenue Department, dated 28-1-1994 have been issued by the Government, it filed the present writ petitions challenging the same.