HYDERABAD: Observing that the protection of lakes and public water bodies transcends individual interests and falls squarely within the domain of public interest, the Telangana High Court expressed displeasure over the continued inaction of government authorities on allegations of illegal constructions within the Full Tank Level (FTL) and buffer zone of Salkam Cheruvu in Bandlaguda mandal, Hyderabad.
Justice NV Shravan Kumar directed HYDRAA, the Greater Hyderabad Municipal Corporation (GHMC), the Hyderabad Metropolitan Development Authority (HMDA), the Lake Protection Committee and the School Education department to file their counter affidavits within four weeks, noting that despite notices issued more than 90 days ago, none of the authorities had responded.
The directions came while hearing a PIL filed by advocate R Vijay Gopal, who has sought the removal of educational institutions allegedly constructed within the protected area of the lake in violation of lake protection norms.
During the hearing, senior advocates J Ramchander Rao and P Venugopal, appearing for the educational institutions and the trust, questioned the maintainability of the PIL, contending that the petitioner lacked the necessary locus standi and that the institutions had been functioning for several years.
Rejecting the preliminary objection, Justice Shravan Kumar observed that issues relating to the protection of lakes and public water bodies transcend individual interests and fall squarely within the domain of public interest.
The court observed that any citizen is entitled to seek judicial intervention to protect natural resources and noted that the State itself had constituted HYDRAA to safeguard lakes and prevent encroachments.
“Anyone can raise this issue. It concerns the interest of the state. We have to protect our lakes for future generations. This is a larger public issue. The state has an obligation to safeguard water bodies, and nobody is above the law,” the court observed.
The court also expressed dissatisfaction with the response of the School Education department and directed the Government Pleader to ensure that an appropriate reply is filed before the next hearing.
During the proceedings, Vijay Gopal submitted that he and members of his family had been subjected to trolling and ridicule on social media after filing the PIL. He alleged that derogatory posts targeting him and his family had been circulated online.
Taking note of the submission, Justice Shravan Kumar observed that persons approaching the courts should not be intimidated for pursuing legal remedies. Addressing Additional Advocate General Mohd Imran Khan, the court said that if the petitioner faced any genuine threat, the State should take appropriate steps to provide him with protection.
The court adjourned the matter by four weeks for the filing of counter affidavits.
Case at a glance
PIL alleges that educational institutions run by Barrister Fatima Owaisi Educational Institutions and Salar-e-Millat Educational Trust have raised constructions within the Full Tank Level (FTL) and buffer zone of Salkam Cheruvu in Bandlaguda mandal.
The petition seeks the removal of the alleged illegal constructions and action against the authorities for failing to prevent the encroachments.
Respondents include HYDRAA, GHMC, HMDA, the Lake Protection Committee and the School Education department.