17 June 2020, Hyderabad

From:

Dr Lubna Sarwath

Socialist Party (India) Telangana State General Secretary

Voter ID(old): WRH0435222

Voter ID (current): WRH22446229963002403

sarwath.lubna@gmail.com

Hyderabad 

& 

Dr Jasveen Jairath

Founding Convenor

Save Our Urban Lakes

Hyderabad

To

The Chief Justice of High Court at Hyderabad

Southern banks of Moosi nadi

Adjacent to heritage building Government City College

Hyderabad

Subject: ORO Sports right inside Osman Sagar drinking water reservoir of Hyderabad

References: Our representations, meetings, telecons, protests, roundtables to protect the officially designated drinking water reservoirs viz., Osman Sagar & Himayath Sagar of Hyderabadis dated 25 July 2018, 17 February 2017 as well as resolutions of round table dated 9 February 2017, 18 January 2019, 21 January 2019, 25 January 2019 and 2 March 2019.

Index:

A. Distress Call

B. Digital survey with the aid of Bhuvans Water Management System Layer and HMWSSB FTL boundary map overlaid on historical Google Earth satellite imagery across a timeline from 2011 to 2019: 5 maps.

C. Historic spoke from the halls of justice.

D. Prayer

E. Four PDF files containing representations dated 25 July 2018, 17 February 2017 as well as resolutions of roundtable dated 9 February 2017, 18 January 2019, 21 January 2019, 25 January 2019 and 2 March 2019.

A.  DISTRESS CALL:

We fervently appeal to our High Court at Hyderabad to intervene and safeguard the existing drinking water reservoirs of Hyderabad.

We draw your urgent attention to the ORO Sports Village that is constructed right inside the drinking water reservoir Osman Sagar (Gandipet).

We had earlier represented to HMWSSB and all officials on 17 January 2019. 

We had included our earlier representations dated 25 July 2018, 17 February 2017 as well as resolutions of roundtable dated 9 February 2017.

Further, we followed up on the Action Taken Report or Survey Report on 18 January 2019, 21 January 2019, 25 January 2019 and 2 March 2019.

However, the illegality and unethicality continue against the drinking water reservoir that fulfils the basic fundamental right to water of Hyderabadis, in full knowledge of authorities and the government of Telangana.

B.  DIGITAL SURVEY WITH THE AID OF BHUVANS WATER MANAGEMENT SYSTEM LAYER & HMWSSB FTL BOUNDARY MAP, OVERLAID ON HISTORICAL GOOGLE EARTH SATELLITE IMAGERY ACROSS TIMELINE FROM 2011 TO 2019:

i) Google Earth satellite image of 9 June 2019 where it is observed that ORO Sports Village is right inside the FTL boundary of Osman Sagar the drinking water reservoir of Hyderabad.  The black line indicates the BHUVAN’s WMS layer overlaid on google earth, while the blue line indicates the officially demarcated FTL boundary of the Osman Sagar from HMWSSB maps.

ii) Google Earth satellite image of 14 March 2018 where it is observed that ORO Sports Village is being constructed inside the FTL boundary of Osman Sagar the drinking water reservoir of Hyderabad.

iii) Google Earth satellite image of 11 November 2016 where it is observed that ORO Sports Village is being constructed inside the FTL boundary of Osman sagar the drinking water reservoir of Hyderabad. In spite of incessant rains of 2016 HMWSSB officials themselves gave public statements that Osman Sagar was not getting filled up inspite of E category i.e., Excess category rainfall.

iv)  Google Earth satellite image of 3 January 2014 where it is observed that ORO Sports Village is being constructed inside the FTL boundary of Osman Sagar the drinking water reservoir of Hyderabad. This encroachment has been officially identified and notified in HMWSSB map dated 18 June 2013.

v) Google Earth satellite image of 15 January 2011 where it is observed that landfill is done inside the FTL boundary of Osman Sagar the drinking water reservoir of Hyderabad. 

C.   WE TAKE COURAGE FROM HISTORIC SPOKE FROM THE HALLS OF JUSTICE:

i) This, the High Court at Hyderabad is the threshold from where following standards of care was endeavoured for water bodies as in SUO MOTU WRIT PETITION NO: 15595 of 2006: “for not allowing water tank/tank bed or land described as “Cheruvu” be put to any other use by any public authority or private individual or is allowed to be used for any other purpose.”

ii) Further, WALT Act 2002 lays down as follows:

23. (1) The authority may notify water bodies like lakes, village ponds and minor irrigation tanks along with nalas (watercourse or drainage course) as heritage bodies and conservation areas to prevent the conversion of their intended use and the authority shall take all measures to permanently demarcate the boundaries through the department of the Government or the organization concerned as per the memoirs of lakes/tanks/ponds /nalas (watercourse or drainage course) and shall take measures to evict and prevent encroachment. For this purpose, the Authority may give directions to the concerned department, agency, statutory body or official and upon such direction, the concerned department, agency, statutory body or official shall comply with such directions. The authority may also issue guidelines in this regard and the guidelines shall be complied with by all the concerned.

(2) The designated officer shall have the power to prevent and remove encroachments into the demarcated area of the water body.

(3) No undesirable wastes including liquid wastes shall be allowed to be dumped in the water bodies by any person or organisation…

(5) The designated officer shall have the authority to take the required steps to prevent and control polluted water entering the water bodies…

34. (3) Any action or act done by any public servant in the absence of good faith as determined by the Authority shall not be covered under the protection given under sub-section (1) and section (2) and such public servant shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

iii)  As per the Supreme Court orders from time to time on Art 21 of right life with dignity and of change of land use of water zone that can never be done. In Hinch Lal Tiwari vs Kamala Devi And Ors on 25 July 2001 Bench: Syed Shah Quadri, S.N. Phukan in Appeal (civil) 4787 of 2001, the supreme court said as follows:

The Government, including the Revenue Authorities(i.e. Respondents 11 to 13) having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided a better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites.

Further, it will also help in maintaining ecological balance and protecting the environment in regard to which this Court has repeatedly expressed its concern. Such measures must begin at the grass-root level if they were to become the nation’s pride.

D.  PRAYER:

Whereas the law GO111 lays down stringent rules to protect the 10kms radius buffer zone of officially designated twin drinking water reservoirs of Hyderabad, viz., Osman Sagar & Himayat Sagar, we observe that in spite of repeated representations the constructions right inside the drinking water reservoir is allowed at the cost of denial of fundamental right to life right to water.

We pray for eviction of ORO sports from the FTL of drinking water reservoir and restoration of inflow channels from Vattinagulapally and all inflow channels of Osman Sagar so that rain waters replenish the drinking water reservoir.

At a time when the government of Telangana is going for new reservoirs it is all the more important to preserve our existing heritage drinking water reservoirs that are heritage public utility resources.

A seamless source of fundamental public utility of water and a heritage glory are being squandered recklessly by telling the public of Hyderabad that water is being supplied to Hyderabad from 300kms across Godavari thru pipelines.

We solicit your urgent hearing and render justice.

Best,

Dr Lubna Sarwath & Dr Jasveen Jairath & Smt Sanghamitra Malik

E. ATTACHMENTS

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