From:
Dr Lubna Sarwath
Socialist Party (India) Telangana State Gen Secretary
Voter ID(old): WRH0435222
Voter ID(current):WRH22446229963002403
Hyderabad
To
The Chief Justice of India
Supreme court of India
New Delhi
&
To
The Chief Justice of High Court at Hyderabad
Southern banks of Moosi Nadi
Adjacent to heritage building Government City College, Hyderabad
SOS to Chief Justice India, Supreme court of India, New Delhi & Chief Justice at High Court Hyderabad garu to restore/save Hussain Sagar. Stop Contempt of Supreme Court Order and High Court Case 25073/2003 dated 25 April 2005: “no further constructions shall be carried out except with leave obtained from this Court, in, on or around the lake”.
Dear Chief Justice of India & Chief Justice at High Court Hyderabad,
May Peace Be Upon You All
We rush our SOS to you. Please render justice. The Supreme Court in all its wisdom had ordered a stay on constructions in, on, or around Hussain Sagar in WP 25073/2003 a PIL filed ‘for the restoration of original purity and spread of Hussain Sagar’ that is pending at High Court Hyderabad. It was last listed on 11.12.2018.
We submit below and reproduce excerpts of the Supreme Court Orders below and attach the same for your ready reference.
i) Submission:
On 25 April 2005 Supreme Court in SLP 5595-96 of 2004 ordered (attached):
2. By way of an interim order pending disposal of the appeal, no further construction shall be carried out except with leave obtained from this Court in, on or around the lake.
ii) Submission:
On 16 January 2014 Supreme court in civil appeals 2905-2906 pf 2005 ordered: (attached)
The interim order of April 25, 2005, shall remain in operation till the matter is finally disposed of by the High Court.
iii) Submission:
Further, Andhra High Court in its judgement on 15 June 2001 had ordered as follows: (attached)
29. We, therefore, are of the opinion that no further permanent structures including those involving commercial activities may be allowed to be raised on or near the water spread or catchment area.
iv) Submission:
We also attach the Supreme Court appointed 3-member Committee Report that was returned to the High Court in 25073/2003 on 16 January 2014 for further hearing and early closing of the case:
v) Submission:
Whereas there is an ongoing stay in, on and around Hussain Sagar government of Telangana has undertaken massive constructions/demolitions in, on and around Hussain Sagar.
Pictorial depictions below:
v.1)
Demolitions of Secretariat Buildings are a sheer distance of around 80mtrs from the Irrigation department FTL geo-coordinates. Thus, right at the buffer zone/FTL boundary of Hussain Sagar is an ongoing contempt of Supreme Court order of severe proportion even as the case is currently pending at High Court.
Pollution of around 10 lac sq ft creating debris of 2.2 lac metric ton – and raising pollution to such an extent that GHMC Burugula Bhavan was closed for all staff and all traffic around a radius of more than 3kms was shut down, – was proliferated across the water body, irrespective of the fact that the city was reeling under a severe emergency. Roads were blocked and diverted towards the chief hospital the Gandhi hospital.
It was expected that the esteemed high court at Hyderabad, the renderer of justice, would suo moto take cognizance that demolition of such a mammoth structure would be the last thought a government should have on its agenda at a time when pandemic act and disaster management act are in vogue and that GHMC is in the red zone, reporting 2000 cases per day and number of unreported are unknown as well as to oversee that due procedure was followed and proper approvals were in place.
v.2)
Government of Telangana has undertaken a construction right inside the Hussain Sagar in the garb of ‘recreation’, ‘beautification’ and ‘development’, that is again a violation of supreme court order and law that strictly lays down that any work that is undertaken inside a water body should be only for the benefit of sustaining water body.
v.3)
Government of Telangana has undertaken deep excavations inside Hussain Sagar for construction in FTL geocoordinates A524 to A536 as observed in the digital survey at 17°24’31.66″N 78°28’22.59″E
Deep excavations and massive constructions inside FTL boundary of Hussain Sagar at 17°24’31.66″N 78°28’22.59″E opposite Ambedkar Statue and secretariat:
vi) Submission:
There was no document pertaining to the demolition who ordered and who was executing was beyond comprehension especially when the CMO webpages of Facebook and twitter were bereft of any information. between July 1 to July 9 there was no information from CMO. If this demolition against the supreme court order and against laid down rules is for public welfare, as every act of the government of Telangana should be only for the welfare of Telangana people, then why is no document with public or with any journalist. lack of transparency only indicates the malafide intention. We did not know which official to approach to appeal to them not to demolish.
Screenshot from Telangana CMO Official Facebook, indicates no communication from CMO to people between July 1 till July 9, in which case who ordered demolition and who is executing?
Screenshot from Telangana CMO Official twitter handle, indicates no communication from CMO to people between July 1 till July 9, in which case who ordered demolition and who is executing?
vii) Submission:
As per the FTL demarcation from North tanks division Irrigation Officials, the area of Secretariat falls in the buffer zone while according to some historical maps and survey of India topo maps the maximum water spread of the Hussain Sagar is more than 1600 acres. This is corroborated by the 3-person Supreme Court Committee Report of 2005 presently with the High Court at Hyderabad in 25073 of 2003.
a) Hussain Sagar in the 1800s:
b) Hussain Sagar as per topomap 1974 area Ha 571.28 (1411.66)
c) Present NTD Irrigation Official map of Hussain Sagar:
viii) Submission:
Our ardent appeal at the threshold of the halls from where justice and only justice is rendered premising upon natural principles of justice and Constitution of India:
Prayer 1: Halt demolitions and cancel all plans of any new constructions in the 25-acre area of Secretariat, and resume the buffer zone/FTL area to hand it over to Hussain Sagar Lake Division for making a pervasive gradient ground to channelise rainwater into Hussain Sagar. This can be a turning point for the revival of Hussain Sagar for a healthy de-congested Hyderabad.
Prayer 2: Evict all the constructions undertaken in and on Hussain Sagar submitted above at v.ii) and v.iii) above viz., massive land mound created inside the lake and huge excavations and constructions inside the lake.
Prayer 3: Proceed against the contemnors of Supreme Court Order dated 25 April 2005 in 25073 of 2003 which is pending currently in the high court at Hyderabad.
Prayer 4: The Chief Minister/Chief Secretary and all officials involved in the demolition of Secretariat be tried under Endemic Act and Disaster Management Act for violating the law and spirit of the Act that has been invoked to combat a deadly virus that has caused deaths and panic among common hapless citizens; more so of blocking roads on all sides thus causing road blockades during a health emergency in a declared red zone of COVID 19 pandemic.
At a time when around 70% of India faces water crisis, we need more and more water to combat deadly viruses, protect health of our people, we are only prodded by Constitution of India and wisdom-laden orders from Supreme Court of India and High Court at Hyderabad to revive water bodies.
We once again appeal to you as you are upholder of Dharma.
Best,
Dr Lubna Sarwath, State General Secretary, Socialist Party (India)
Dr Jasveen Jairath, Founder Convenor, Save Our Urban Lakes
Shri VSPS Sastry, President, VOICE – Voice of Indian Citizen Everywhere
Janab Maqbool Mateen, President, United Citizens Forum
