HYDERABAD: Unwittingly, the Telangana State government found itself on the wrong foot on Monday while arguing in the High Court against exempting parcels of land in Vattinagulapally, one of the 80 villages in the catchment area of Osman Sagar and Himayat Sagar lakes on Hyderabad’s outskirts, where construction activity has been proscribed by GO No: 111.
In its anxiety to build a watertight case against permitting construction activity in parcels of lands in Vattinagulapally as sought by petitioner Agri Agritech company, the government said it was not advisable as the effluents from the construction might pollute the Kokapet tank.
The State government, in its affidavit to the High Court, said: “It is submitted that the technical committee constituted in GO Rt No: 952 MA dated 29.11.2005 has submitted its report and recommended the following: ‘a) up to 500 metres from the bund (FTL) in the downstream may be declared as Prohibited Zone and b) beyond 500 metres and up to 1,000 metres (1km), only low rise residential development (ground + 2 floors) may be allowed.’”
While putting forth its argument, the government seemed to have overlooked the fact that when the Neopolis (Kokapet) land was auctioned recently, it was within 1,000 metres of the full tank level (FTL) and within a 10 km radius of the two lakes, and there too construction activity was not permitted under GO No: 111.
Environmental activist and Telangana general secretary of Socialist Party Lubna Sarwath, in a recent letter to the Telangana Chief Justice, contended that Neopolis’ south boundary was 500 m from the FTL and much of it was within 1,000 m of FTL. Kokapet tank is 1,300 from the FTL. Land given to community organisations was within 500 m of FTL and much of DFL (Designated Forest Land) land was also within 1,000 m of FTL, she argued.
A division bench of the High Court comprising Chief Justice Hima Kohli and Justice B Seshasayana Reddy caught on with the contradiction in the government’s argument and asked it how it filed its counter that if high rise buildings were allowed to be constructed in Vattinagulapally, it would lead to pollution of the Kokapet tank when it allowed Neopolis (Kokapet) land to be auctioned recently, where also that problem existed.
The bench said that if pollution bothered the government, the court may stay the auction process at Neopolis (Kokapet) lands too because the threat of pollution was also very much present there too. The court was annoyed as to why the State did not disclose this information about the Kokapet tank when the PIL questioning Neopolis land auction came up before it.
The State roped in senior counsel Mukul Rohatgi from the Supreme Court, who argued against the deletion of Vattinagulapally from GO 111, but the bench asked him as to why the State-appointed bureaucrats committee headed by the Chief Secretary to study the relevance of GO 111 had not yet submitted its report. The government, in its affidavit, gave a timeline of the meetings held by the expert committee.
The government submitted to the court that in the interest of the public and the environment, the expert committee may be given reasonable time for submitting its report, enabling the State to examine the same for taking a final decision on the subject matter, and not carry out selective deletion of parcels of the land from the purview of GO Ms 111. The court then adjourned the case to Wednesday. The government blamed Covid-19 for the delay in submission of the report by the expert committee.
The government also contended that as there was a clear direction from the National Green Tribunal (NGT) prohibiting constructions/activities falling within the areas as specified by GO 111, the court may dismiss Agri Agritech’s petition and pass such order or orders as the court deemed fit and proper.
Court may stay auction at Neopolis lands
The bench said the court may stay the auction process at Neopolis (Kokapet) lands. The court was annoyed as to why the State did not disclose this information about the Kokapet tank when the PIL questioning Neopolis land auction came up before it