Representation to Chief Justice to Restore Devuni Kunta/ Humayun Kunta, Asifnagar, Hyderabad

Hyderabad 27 September 2020

To

The Chief Justice of High Court at Hyderabad

Southern Banks of Moosi Nadi

Adjacent to Heritage City College

Hyderabad

Subject: Lake at Mehdipatnam trespassed, not restored. Lake turns puddle in spite of heavy rains. Representations not heeded to evict encroachments & desilt for restoration of storage capacity and area of notified lake ID 4300/EEN/01 Devuni Kunta, Asifnagar Mandal, Hyderabad.

Reference:

1. Our representations of 6 March 2019, 22 June 2019, 23 June 2019

2. Prajavani complaint PETITION NO. HYDDC/E/2019/00133 dated 24 June 2019 and representation to Joint Collector, Hyderabad and RDO Hyderabad Division, dated 24 June 2019

3. FIR 259/2019 dated 21 September 2019 filed by RDO Hyderabad Division mentioning the fabricated city court order submitted by Baghdadi & others in WP No. 11316/2019 at High Court in order to obtain stay on eviction of their encroachment

4. All documents uploaded for your ready reference.

Submission 1:

It is submitted that in spite of all our representations and follow up along with Members of Devuni kunta Hindu Smashana Society, Devuni Kunta/Humayun Kunta’s area and storage capacity have not been restored till date.

In fact the recent copious rains should have raised the ground water table levels had the lake been dredged and encroachments removed as represented by us to Joint Collector and RDO in person and to collector office by email.

Latest pictures of lake, even after copious rains, indicate that the lake because of heavy dumping by the encroachers and not dredging out by officials could not hold any water; secondly, the inlet channel is diverted and any water is pumped out by some persons other than officials concerned;  thirdly, unauthorized people pumping out water from the lake.

Pic: unauthorized people pumping out water from lake

Pic: Lake as a puddle due to heavy dumping by encroachers not dredged by officials;

Pic:  Lake with heavy growth and dumping with scarce water in spite of heavy rains in asifnagar, bcuz inflow channels have been diverted;

Submission 2:

Subsequent to our representation to Hyderabad WALTA Authority, the District Collector dated 6 March 2019, letter was issued from Hyderabad collector’s office on 15 March 2019: “requested to protect Devuni kunta Asif nagar from any encroachments…”

But as evident the lake has not been dredged nor encroachments cleared to harvest the rain water so as to serve the fundamental need of water for all public in vicinities of the lake.  Lake remains devoid of pure rain waters and the surrounding is either flooded or there is  run-off.

Submission 3:

RDO Hyderabad division had lodged FIR at SHO Humayun nagar FIR 259/2019 dated 21 September 2019 mentioning the fabricated city court order submitted by Baghdadi & others in WP No. 11316/2019 at High court in order to obtain stay on eviction of their encroachment.

As per complaint High court order in WP 11316/2019 based upon fabricated order submitted by Syed ahmad baghdadi and 2 others have obtained orders for ‘peaceful possession’ of the lake area.

Baghdadi had submitted order in OA/104/1992 dated 17.3.1994 of additional judge , city civil court by justice K Rajendar Babu; whereas, the certified facts as per Chief judge, city civil courts obtained by RDO indicte that as on records, judgement in OA/104/1992 was passed on 19.9.1997 by justice H Ananda Rao.

RDO Hyderabad division, as per his bounden duty has filed for criminal action against Baghdadi and 2 others.

While the fate of FIR is not known, the ground reality is that lake has not been restored as a result of which the common masses suffer for basic right of water and there is stress on HMWSSB to provide water.

Government of Telangana without restoring lakes of Hyderabad in spite of repeated representations is misleading courts and deceiving public that they are drawing piped water from 250-300 km and that should be sufficient and there is no need to conserve the area or storage capacity of lakes. This approach is illogical and lacks science or sense or law and encourages illegalities.

Prayer at the threshold of halls of justice:

1. Restore Devuni Kunta/Humayun Kunta’s area and storage capacity by evicting encroachments and dredging the lake, and restoring the inflow and outflow channels.  If necessary new channels for capture of rain waters
and fast trial of FIR lodged against Baghdadi and 2 others for fabricated documents and encroachment of lake.

2. Botanical lake friendly plantational fencing of the lake at its buffer zone boundary.

3. Devuni Kunta/Humayun Kunta Champion Team with locals to protect the lake.

4. Convene Hyderabad District WALTA authority meeting and appoint locals in WALTA authority as mandated by WALTA Act 2002.

5. Uploaded FTL Maps have northing and easting, but failed to give UTM grid zone and datum. An addendum needs be issued incorporating the missed information; more clarity in the file information is required.

6. Addendum need also be issued to the Cadastral map as the maps in this file are not at all clear.

7. Put up a eco-friendly sign board at the lake giving history and credentials of the lake alongwith responsible official’s contacts.

Best,

Dr Lubna Sarwath

Telangana State General Secretary, Socialist Party (India)

Dr Jasveen Jairath

Founder-Convener, Save Our Urban Lakes (SOUL), Hyderbad

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