LAWS(APH)-2004-3-108

ANNAPOORNA BUILDERS Vs. GENERAL MANAGER ENGINEERING HYDERABAD METRO WATER SUPPLY AND SEWERAGE BOARD O AND M DIVISION I HYDERABAD

Decided On March 09, 2004
ANNAPOORNA BUILDERS Appellant
V/S
GENERAL MANAGER (ENGINEERING), HYDERABAD METRO WATER SUPPLY AND SEWERAGE BOARD, OANDM DIVISION I, HYDERABAD Respondents

JUDGEMENT

(1.) The petitioner is a partnership firm engaged in the business of real estates, construction and development. It has acquired an extent of 19,968 sq.yards of land in Sy.Nos.214/1 to 214/9 of Begumpet with Municipal Nos.6-3-1192/1/1 to 6-3-1192/1-20. It has constructed two commercial and one residential complexes in the said land on the strength of a building permissions accorded by the Municipal Corporation of Hyderabad.

(2.) The General Manager, Hyderabad Metro Water Supply and Sewerage Board, the 1st respondent, served upon the petitioner, on 1-4-2003, a letter, stating that the Board proposes to lay a water supply line along the passage in the premises belonging to the petitioner up to a length of 400 feet, and that it involves road cutting at a width of 0.6 metres, and up to a depth of 1.2 metres. The petitioner was requested to accord permission to carry out the work. The petitioner objected to the same by addressing a letter on 3-4-2003 and refused to accord permission to lay the pipeline. It was stated that the work would result in disturbance of internal roads and cause obstruction to the traffic in the complex. It was also stated that the petitioner is already provided with adequate water supply and there is no necessity to lay the pipeline in question. Since there was no proper response from Respondents 1 and 2, the petitioner challenges the letter served upon it on 1-4-2003 by the 1st respondent, and the consequent action.

(3.) Petitioner alleges that the proposed action of the Respondents 1 and 2 is contrary to the provisions of the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 (hereinafter referred to as 'the Act'), and would cause severe hardship and loss, apart from adversely effecting its rights.