FORUM FOR BETTER HYDERABAD CONFEDERATION OF VOLUNTARY ORGANIZATIONS OF HYDERABAD Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This Writ Petition, by way of public interest litigation has been filed by the Forum for Better Hyderabad (Confederation of Voluntary Organizations of Hyderabad), represented by its Chairman Captain J. Rama Rao, seeking a Writ of Mandamus declaring the action of the respondents 1 to 5 in examining and then permitting the proposal to set up International Airport in the prohibited catchment area of Himayatsagar situated in Ranga Reddy District as unconstitutional and violative of Article 21 of the Constitution of India as well as the provisions of the Environment (Protection) Act, 1986 and contrary to G.O.Ms.No.111 M.A dated 8-3-1996 as well as the judgment of the Supreme Court in A.P. Pollution Control Board II v. M.V. Naidu.

(2.) The facts which gave rise to the cause espoused in this Writ Petition may be noted in brief. On the basis of an interim report dated 29-12-1993 furnished by the Committee of Experts constituted by the Hyderabad Metropolitan Water Supply and Sewerage Board, Hyderabad suggesting ways and means to monitor the quality of water in the two reservoirs namely Himayatsagar and Osmansagar, which are the main sources of drinking water supply to the twin cities of Hyderabad and Secunderabad, the State Government issued G.O.Ms.No.192 Municipal Administration and Urban Development (A-2) Department dated 31 -3-1994 prohibiting industries and various developments within 10 K.Ms, radius of Himayatsagar and Osmansagar lakes. Thereafter on receipt of the second interim report of the committee the Government issued G.O.Ms.No.111 Municipal Administration and Urban Development (II) Department dt. 8-3-1996 reiterating the prohibition imposed in G.O.Ms.No.192. As per G.O.Ms.No.111 dated 8-3-1996 polluting industries, major hotels, residential colonies or other establishments that generate pollution in the catchment area of the lakes up to 10 K.Ms, radius from full tank levels of the lakes as per the list in Annexure-l, are prohibited. There is also a total prohibition of location of industries in the prohibited zone. In the Annexure-l, 84 villages situated in Moinabad, Shamshabad, Kottur, Rajendranagar, Shankarapalli and Chevella Mandals, which fall within 10 K.Ms, catchment area of Himayatsagar and Osmansagar lakes are included.

(3.) That apart, the Central Government in exercise of the powers conferred by Section 3(2) and (1)(v) of the Environment Protection Act, 1986 read with Rule 5 (3) (d) of the Environment Protection Rules 1986 issued Environment Impact Assessment Notification vide SO 60 (E) dated 27-1-1994 directing that expansion or modernization of any activity listed in Schedulel to the said notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure specified in the said notification. Schedule I enumerates 30 Industrial/Project Activities, which includes "Ports, Harbours and Airports" under item 111.