SIROMANI MITTASALA CHAIRMAN PARYAVARANA PARIRAKSHAKA PARISHAD KAVALI NELLORE Vs. PRESIDENT BRINDAVANAM COLONY WELFARE ASSOCIATION KAVALI NELLORE

JUDGEMENT

(1.) The Chairman of Paryavarana Parirakshana Parishad, Kavali addressed letter to the Hon'ble the Chief Justice of High Court of A.P. on 16.8.2000. It was stated therein that the said Parishad filed W.P.No.929 of 1999 before this Court, that though an order was passed therein to establish Sewage Treatment Plant (STP) to Brindavan Colony, Kavali, the same was not done and that nearly 27,000 people are using drinking water from Papireddy tank which is being polluted. The same was treated as Writ Petition and notice was-ordered to all concerned.

(2.) The General Secretary of citizens welfare committee, Kavali addressed another letter to this Court complaining that there is no drainage/sewerage system maintained by municipality and that the whole sewage is being let out into Papireddy tank which is situated in south-west corner of Kavali. The whole Papireddy tank is silted and it is full of drainage water. This is also causing loss to the ayacutdars as they are not able to draw water for irrigation purposes. On northern side of Kavali town there is irrigation channel, known as Pantekaluva supplying water to the fields on the northwest corner of the town. The said canal gets supply from Pennar reservoir situated at Sangam. As Kavali municipality failed to provide drainage system properly, citizens of Kavali town are being put to great hardship. This is resulting in epidemics such as malaria and viral fever besides turning the town into mosquito breading center. Both the water resources i.e., Papireddy tank and pantakaluva are highly contaminated and bad odour emanates therefrom. The representationist therefore prayed this Court to issue appropriate directions. The said letter was also treated as Writ Petition duly ordering notices. PLEADINGS IN COUNTERS

(3.) In W.P. No.16619 of 2000 the Commissioner of Kavali Municipality and the President of Brindavanam Housing Colony have filed separate counters. The Municipal Commissioner has stated that Director of Town Planning approved layout being L.P.No.42 of 1997 for developing housing colony in an extent of Acs. 12.66 in S.Nos.l929/P, 1930 and 1931/P known as Brindavan housing colony. The lay out does not provide for construction of drainage system. The municipality has not given any permission to the society allowing them to let out; drain water into Papireddy tank. It is also stated that Mandadi tank is an irrigation tank and the flood water from the said tank flows through feeder channel ultimately reaching Papireddy tank. If the drainage water is allowed to enter the tank water gets polluted. As per the plan/sketch of drainage system submitted by the President of Brindavan Colony drainage water flows into drainage canal on the eastern side of G.N.T.Road. In accordance with orders in W.P.No.929 of 1999 directing the municipality to see that potable water in the area is not polluted, the Municipal Commissioner addressed a letter to the President of the Colony on 18.2.2000 to construct STP as per the report of the environmental engineer submitted to the High Court. So far the colony has not constructed STP. The Government through Public Health Engineering Department is undertaking protected water supply scheme for Kavali town in Jammalapalem, 6 Kms away from Kavali town. The construction of filter beds, pump house, storage tank and pipelines are already completed. The scheme is likely to be inaugurated by April, 2001 and water supply will be provided to the public of Kavali town. The residents of Brindavan Housing Colony shall have to construct STP as suggested by environmental engineer, A.P. Pollution Control Board.