SOS to Chief Justice, Hyderabad High Court to Protect Osman Sagar Water Reservoir

SOS TO CHIEF JUSTICE OF HIGH COURT AT HYDERABAD TO PROTECT OSMAN SAGAR THE HISTORICAL DRINKING WATER RESERVOIR AGAINST THE SERIOUS VIOLATIONS BY HMDA.

HMDA HAS CALLED BIDS FOR SALE OF ‘OPEN PLOTS’ ON 15 JULY 2021 IN GO111 CATCHMENT AREA PROHIBITED ZONE, IN CONSERVATION USE ZONE, IN BALKAPUR NALA AND BALKAPUR NALA BUND.

ESPECIALLY IN ABSENCE OF GEO-COORDINATED FTL DEMARCATION OF OSMAN SAGAR IN PUBLIC DOMAIN.

RIGHT TO LIFE AND RIGHT TO BASIC NECESSITY OF WATER, RIGHT TO LIFE WITH AND OF DIGNITY BEING COMPROMISED AND DEPRIVED BY HMDA, GOVERNMENT OF TELANGANA.

Hyderabad  14 July 2021

To

The Chief Justice of Hyderabad High Court

Southern Banks of Moosi Nadi

Adjacent to Heritage City College

Hyderabad

Your Honour,

May Peace Be Upon You

Subject: AT UPSET RESERVE PRICE OF RS.25CRORE PER ACRE, HMDA CALLS ‘BID FOR SALE OF OPEN PLOTS, ON BEHALF OF GOVERNMENT OF TELANGANA, IN CATCHMENT AREA PROHIBITED ZONE UNDER GO MS 111 DATED 8 MAR 1996, IN KOKAPET(V), GANDIPET MANDAL, RANGA REDDY DISTRICT’ VIDE R.C.NO: 1944/ EMU/ KKPT/ HMDA/ 2019 Dt:15/06/202  Notification No. 1944-1 to 1944-8  – ‘Tentative Date and time For e-auction is 15-07-2021′ as per this HDMA notification.

SUMMARY:

HMDA has called for bids for sale of land admeasuring around 50 acres in Kokapet Village, Gandipet Manda, Ranga REddy district, Telangana, divided into two layouts viz., Kokapet Layout and Goldenmile Layout.  Kokapet layout admeasuring 48.27 acres and Goldenmile layout admeasuring 1.65 acres.  The notification is reproduced as follows alongwith the weblink:

‘The HMDA desirous of calling bids for sale of open plots, on behalf of Government “on as is where is basis” in Kokapet (V), Gandipet Mandal, Ranga Reddy District under Section 37 of HMDA Act, 2008 and in pursuance of orders issued vide G.O.Ms.No.242 Municipal Administration & Urban Development (Plg. I) (1) Department dt.09-09-2019 through e-Auction. The service provider for sale of open plots is M/s. MSTC Limited. The desirous of participating in e-Auction have to register themselves with M/s. MSTC at (mstcecommerce.com).’ as per https:// auctions.hmda.gov.in/ Notification.PDF

The serious violations of HMDA are documented below through maps and narrations:

1.  ‘OPEN PLOTS’ BEING AUCTIONED ARE IN THE PROHIBITED CATCHMENT AREA AS STATED IN GO MS 111 DATED 8 MARCH 1996 OF GANDIPET(OSMANSAGAR):

To understand the topography we have generated a kml file out of the geo-coordinates given by the HMDA in their files available here. The kml was overlaid on the Digital Survey of India maps available at here. Further the physical toposheets namely Sheet No. 56/K/NW scaled at 1:25,000 Issued in 1999 were examined and juxtaposed on the digital map that already has the HMDA layout drawn on it.  

Below is the picture of the digital SOI map and Physical map in a single frame to understand that the HMDA against rules contemplates to auction sale of ‘open plots’.

The above two frame has two extracts.  Left extract is from Digital topomaps and right is from the physical toposheet as mentioned above.  What we observe is that the Suruni Kunta drains into the Osman Sagar and Suruni Kunta has multiple inflow channels to its eastern side.  It is clearly observed that the HMDA plotting for auction sale of ‘open plots’ is in the eastern side of Suruni Cheruvu in its catchment area.  Thus the catchment of Osman Sagar is severely compromised and violated by the HMDA against the GO Ms 111 dated 8 March 1996 and all the GOs read with it.  The catchment of Suruni Cheruvu forms the upstream of Osman Sagar and upstream area is totally guided by GO Ms 111 dated 8.3.1996. 

The above narration when examined thru the HMDA Master Plan 2031 extract and the HMDA plotting map throws up more questions and violations.  Below picture with HMDA master plan 2031 extract and HMDA plotting map in a single frame. 

Picture extract on left is the HMDA plotting, while picture extract on right is from HMDA Master plan 2031. It is observed that the eastern side of Suruni Cheruvu has been declared as Multi Purpose use zone Special Development Zone SDZ, while the area south the SDZ Multipurpose Zone is Conservation Zone and the area north of SDZ Multipurpose use zone is marked as Bio Conservation Zone(as per GOMs111 dt 8.3.1996) as per HMDA Master plan 2031.

The irony is that while upstream north of SDZ is declared Bioconservation under GO111 the area south of SDZ is conservation zone the catchment of Suruni cheruvu that drains into Gandipet , is declared as Multipurpose zone and special development zone.  HMDA, instead of conserving the SDZ area it is now being auctioned as open plots and all the conservation zone has been allotted for multiple constructions such as Islamic center, padmashali bhavan, Kurma bhavan, and other caste institutions. 

We can provide the full size color prints of the above maps for your easy and urgent perusal.

Hence it is prayed that the bids called for auction of sale of open plots be cancelled. The Suruni cheruvu and its inflow channels and outflow channels flowing into Osman sagar be promptly restored so as to save the Drinking water reservoir of Hyderabad that flows thru gravity and provides sweet waters at lowest or NIL cost.
Thus, right to life, right to fundamental necessity of water, right to availability of water and security of drinking water with dignity is being compromised for current and future people of Hyderabad.

2.  Secondly, it is also observed that the 7th plot under auction is PLOT A is a 1 acre strip out of the 48.27 acres being plotted near Khanapur Kokapet.  It is submitted that this plotting is right at the Balkapur historic channel that once provided drinking water to Hussain Sagar. HMDA also displays the same in its auction map but the situation on ground is different. The Balkapur channel area is declared as conservation zone.  [The balkapur channel needs to be restored. Especially in light of the intense rains that are a part of the climate crisis emergency, so that the city can be saved from loss of property and lives for excess rains to be drained out thru the historic channel that also figures in the HMDA maps]

To the left in above picture frame is the HMDA Master plan extract east side of Suruni Kunta the catchment area of Osman Sagar; on the right side is the HMDA open plot auction PlotA which is the 7th plot of 1 acre strip. It is very clearly observed that the 1 acre strip falls in the Conservation Zone as per Index of Master Plan and also encroaches the Balkapur Nala and buffer zone of Balkapur Nala that are demarcated in the Master Plan seen in the left side picture of the above picture frame.

Also observed is that the 400KV Electric sub-Station marked in HMDA plotting map is right on the Balkapur Nala and its buffer zone and also extends into the Bio conservation zone demarcated to the south-west of the One-acre strip plotting of HMDA.

Below picture also taken from physical map of survey of India issued in 1999 confirms the overriding of Balkapur channel and its bund due to the plotting of HMDA right at the Osman Sagar.

In the above frame, to left is the extract of physical toposheet of 1999. In this extract we observe that South of ‘5r’ the Balkapur Nala and its bund are demarcated. To the right of frame, bottom is the digital map and we observe the HMDA plotting overriding the Balkapur Nala, its buffer zone and right in the conservation zone demarcated for protection of drinking water reservoir Osman Sagar. To the right of frame, above, is the google earth satellite imagery of February 2008 wherein the Balkapur Nala and its bund are clearly visible, and the HMDA plotting as per their geo-coordinates is violation of Balkapur Nala that is demarcated in their Plotting map itself.  Not to mention, that it is present in the conservation zone meant to protect the drinking water reservoir, that is right to life.

Hence, it is prayed, that in light of the 7th plot being in the conservation zone abutting the Osman sagar, and that the plotting overrides the Balkapur Nala and Balkapur Nala buffer zone, the call for bid be cancelled. The Conservation zone and Bioconservation zone be restored, all encroachments be evicted, the SDZ be declared as conservation zone in light of the catchment area of Osman Sagar/Suruni Cheruvu being overrided due to SDZ and HMDA open plotting for auction.  The right to drinking water for Hyderabadis as a fundamental right to life and right to life with dignity be protected.

3.  Thirdly, Goldenmile layout of 1.65 acres is demarcated in HMDA brochure maps with the Balkapur Nala demarcated along the plotting area and road.  While the Balkapur Nala is shown in the auction map, the reality on ground is that Balkapur Nala is dumped.  From HMDA auction map the width of Balkapur Nala is not demarcated, nor is the buffer zone and bund of Balkapur Nala demarcated.  Without which HMDA draws a map with perfect ambiguity on the existence of Balkapur Nala.  The Balkapur Nala mapping in the auction map of HMDA contradicts the HMDA Master Plan 2031.  Below is the picture frame that narrates the official contradiction and the violation of Balkapur Nala and its buffer zone.

In above picture frame, to left is the HMDA auction plotting, that maps the Balkapur Nala.  The width of Nala and its bufferzone/bund is not demarcated. On the right of the frame is the extract from HMDA Master plan 2031 wherein Balkapur Nala of the same area of plotting is seen as clearly demarcated as well as the buffer zone of Balkapur Nala. 

In the above picture frame, to the right is the Survey of India extract that shows clear demarcation of Balkapur Nala and its bund to the north east of water body ’10r’.  The same is not defined on the HMDA auction map.  and in fact road of 30M is laid and proposed on either side of the blue line, that is to be understood as Balkapur Nala. 

Thus in light of overriding the Balkapur channel and its buffer zone, contradicting the HMDA’s own Master plan 2031, it is prayed that the GoldenMile layout auction be cancelled, so that two water bodies, viz., Balkapur Nala and its downstream adjacent water body the Kokapet Cheruvu may be conserved for current and future Hyderabadis, for their right to life right to water and right to life with dignity.

PRAYER:

In public interest of upholding rule of law and Constitution of India and in light of the looming climate emergency crisis, in order to protect the designated historical drinking water reservoir that provides water thru gravity to our Hyderabad city, we appeal to the threshold of justice, to declare the auction of open plots notification as illegal and cancel the auction sale. 

Any document required to be submitted by us in person or thru email, soft copy or hard copy, that we have or that we are able to obtain, we shall submit to you immediately, in public interest.

1. Declare the bid notification as illegal and to order for cancellation of the open plots sale notification;

2. Declare the act of not notifying the FTL boundary as per the old historical maps till date (in spite of the Applicant’s repeated requests under RTI) as serious dereliction and to put in the public domain the draft FTL for notification immediately.

3.  To identify and notify the inflow channels and FTL buffer zone of Suruni Cheruvu and restore the channels and lake as it is one of the key catchment area lakes of Osman Sagar.

4.  To re-demarcate the Special Development zone as Conservation zone/Bio conservation zone as the current demarcation is not scientific.  To undertake a comprehensive hydrological study of the area of Khanapur/Kokapet where there is abundant water holding observed after the Hyderabad floods of October 2020.

5. To restore Balkapur channel and its buffer zone as per official maps that can carry all the floodwaters giving safety to all the residents in the eventuality of the intense rains as are being predicted by scientists.

6. To secure the right to life, right to water, right to life with dignity of Hyderabadi residents, by scientific environmental conservation of Osman Sagar the officially designated drinking water reservoir of Hyderabad

Best,

Dr Lubna Sarwath, State General Secretary, Socialist Party (India), Hyderabad

Shri V Sai Prasad Sastry, Retd IRS, Founder-President, Voice of Indian Citizens Everywhere (VOICE)

Encl:

1. HMDA Notification 

2.  EIA notification 20063-  Prohibitory zone of Osmansagar notification

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