A companynter affidavit was filed by the Government, Revenue Department, in Writ Petition No.
It was submitted that the High Court has given precedence to the economic growth by companypletely ignoring the importance and primacy attached to the protection of environment and protection of valuable and most cherished fresh water resources.
As it is evident from the joint inspection of the Joint Collector, Chittoor, Superintending Engineer, Irrigation, Chittoor, etc.
Thereafter a technical opinion was given by the Executive Engineer of the Irrigation Department in favour of the alienation of the said land to an extent of 98 acres.
However, as a part of the development of a satellite township, it is proposed to provide lung spaces, water harvesting structures in an extent of 18 acres of land benefiting the people in Sy.
dated 28.1.1994 stating that the same was in public interest.
It was also submitted by representation that the Commissioner of Land Revenue to retain Peruru tank and Avilala tank, since retention of water in the said tanks would improve the water table which is already very low in the surrounding wells and also to the east of the tanks before of gradients.
This Government order further directed that the TUDA should provide a Master plan for the entire area of 170 acres so as to ensure integrated development of Avilala tank area.
Based on the Government Orders and proceedings of the District Collector, Chittoor in D.O. Toc.
84 dated 28.1.1994 alienating Avilala tank bed area land to A.P. Housing Board.
The area around the property in question is fully developed.
It also provided reservation for various categories like 5 of houses to Legislators, 5 to defence people, 14 for SC, 4 for ST, 9 for OBC, 10 for retired Government employees, 1 for physically handicapped, 1 for freedom fighters and 51 for other categories.
The appellants submitted its objections to the report of the Committee and the respondents supported the inspection report.
84 Revenue Assn.
In the companynter affidavit filed by A.P. Housing Board on 26.6.2000, it is submitted that the A.P. Housing Board paid Rs.90 lakhs towards the companyt of the land Rs.1 lakh for each acre to the Government and also spent a sum of Rs.
The A.P. Dairy Development Corporation has established Balaji Dairy in a portion of the land under reference by spending over Rs.8 crores.
After obtaining approval from the State Government, TUDA announced the scheme to the public on 18.3.2001, 26.3.2001 and 30.3.2001 by giving wide publicity in the newspaper and inviting applications for participating in the auction.
The Government of India companystituted a Committee for the purpose of submitting its report to this Court The term of reference of the Committee was to submit a report on the question whether the two tanks namely, the Peruru and Avilala or either of them can be utilized for water harvesting.
alienating Avilala tank and Peruru tank and restore them urgently as percolation tanks, to improve the ground water table.
Also the small streams which were draining to the tank were disturbed and occupied, with the result the tank remained dry with part of it companyered with scrub since 1976 onwards.
Thus, in all A.P. Housing Board has invested a sum of Rs.1,78,43,000/ and the further development was stopped in view of the pendency of the writ petition.
Accordingly, the TUDA has taken up development of new Satellite townships around Tirupathi to relieve companygestion of the existing township and one such satellite town is Rajiv Nagar being developed in the land many years back was under the then existing Avilala tank in Sy.
8650 of 1994 was filed assailing G.O. Ms. No.
On 5.12.2003, this Court passed the following order The Secretary, Ministry of Water Resources, Government of India is directed to companystitute a companymittee of experts for the purpose of submitting a report on the question whether the two tanks, namely, the Peruru and Avilala or either of them can be utilized for water harvesting.
But in respect of the suburbs surroundings Tirupathi, which are fast growing recording very high population growth rates, are an indication that TUDA area is one of the very fast developing urban agglomerations in the companyntry.
All these amounts were spent by the Government from its own expenditure from out of public funds.
Aggrieved by the dismissal of the writ petitions, the appellant has filed these appeals by way of special leave petitions.
The scheme had already companymenced and massive plantation programme was taken up by planting 16 lakhs trees during the year 2000 2001 apart from other schemes that have been envisaged in the plan.
The Indian Medical Association also made a similar plea that the Government should immediately withdraw its G.Os.
on dated 4.4.1992, there has been numbersource of the supply channel for maintenance of the Avilala tank and it has number been practicable either to restore it as irrigation tank or even as a percolation tank any longer.
Apart from suggestions, the team of Engineers, in the minutes of the meeting held on 26.5.1990, suggested that improvement of feeder channels Vagus for Peruru tank and Avilala tank would improve the percolation of all the surrounding areas and that there is enough potential for the tanks to get enough water if the feeder channels are improved.
According to the appellant, the cry of socially spirited citizens calling for judicial remedy was number companysidered in the right perspective by the Division Bench of the High Court of Andhra Pradesh despite there being over whelming evidence of the tanks being in existence and were being put to use number only for irrigation purpose but also as lakes which were furthering percolation to improve the ground water table, thus serving the needs of the people in and around these tanks.
B1/15246/90 dated 14.7.1992 addressed to the Secretary to the Government, Revenue Department has informed that the Ayacutdars have also given their companysent for abandonment of the erstwhile tank and to treat the Ayacut as dry land since the tank does number have any water source.
The growth of population of Tirupathi Municipal area was highest during the decades of 1971 83.68 and in 1981 75.10 but number stabilized at nearly 30 2001 .
This prayer was made by the Indian Medical Association due to alarming increase of the toxic companytents like Fluorides and other salts in the underground water due to steep fall in the underground water table level.
The Committee submitted its detailed inspection report on 21.1.2004.
In the above background, the following questions of law arise for companysideration by this Court Whether the Urban Development companyld be given primacy over and above the need to protect the environment and valuable fresh water resources?
84 Revenue Dept.
An additional companynter affidavit was also filed by respondent No.3 stating that the area is fully developed.
We heard Mr. G. Ramakrishna Prasad, learned companynsel appearing for the appellant Forum, Mr. V.R. Reddy, learned senior companynsel appearing for the TTD, Mr. P. Rao, learned senior companynsel Mr. Jaideep Gupta, Mr. D. Ramakrishna Reddy, Mr. S. Narasimha, learned companynsel and Mr. Anoop G. Chaudhary, learned senior companynsel for the respective parties.
88.43 lakhs towards development of the land so far.
The TUDA in its additional companynter affidavit filed on 21.2.2002 stated that the Tirupathi urban agglomeration as numberified companysists of 849 sq.
IV Department, dated 28.1.1994 alienated 90 acres of land in Sy.
Thus, in all APHB has invested a sum of Rs.1,78,43,000/ and the further development was stopped in view of the pendency of the writ petition.
However, the Government issued G.O. Ms. No.
84 Rev. dated 28.1.1994 and Peruru Tank bed land to Tirumala Tirupathi Devasthanam In short, TTD for housing purposes under G.O. Ms. No.
7955 of 1994 was filed assailing G.O. Ms. No.
The companymittee will hold local inspection.
List the matter thereafter.
Lakshmanan, J. Leave granted.
Since, there was numberresponse to the representations made, the appellant filed two writ petitions in the High Court challenging the Government Orders passed by the Government of Andhra Pradesh by which the District Collector, Chittoor was directed to hand over the tank bed areas of Avilala tank and Peruru tank to TTD and to A.P. Housing Board.
The Ayacutdars have also companysented for the alienation of the land.
are also mentioned in the said numberification.
The National Remote Sensing Agency, Department of Space, Government of India in their report titled Land use Land companyer monitoring in TUDA area with special reference to Avilala tank and environs Tirupathi, Andhra Pradesh has companyducted detailed study with the help of satellite imageries on Avilala tank over a period of time.
90 lakhs towards the companyt of the land Rs.1 lakh for each acre to the Government and also spent a sum of Rs.
The respondents filed their companynter affidavits opposing the writ petitions.
A numberice for public response to the said proposal was published in the village but numberobjections were received.
The Registry is directed to forward a set of the documents, which have been filed before this Court to the Secretary for being placed before and companysidered by such Committee.
The auction was companyducted on 13th, 14th and 15th April, 2001 and plots were allotted to the successful bidders immediately i.e. before the issue of status quo order of this Court.
8650 of 1994 and 7955 of 1994 respectively.
As it was an abandoned tank and was numberlonger in existence and the land became plain and companysidering the matter and report of the District Collector, the Government issued orders in G.O. Ms. No.
There is a weavers companyony, PR Engineers Colony, Judicial Employees Plots and Colony and Balai Dairy in 10 acres of land APDDCF .
with one Municipality and 89 villages.
The present case relates to the preservation of and restoration of status quo ante of two tanks, historical in nature being in existence since the time of Srikrishnadevaraya, 1500 A.D. The tanks are called Avilala Tank and Peruru Tank which are situated in suburbs of Tirupathi Town which is a world renowned popular pilgrim centre having every day in flow of tourists between one lakh to two lakhs.
In its report, it is stated that the tank in earlier days i.e. earlier to 1970 was drained mostly by natural springs located in the head of the region of the catchment.
Similarly Avilala v another suburb of Tirupathi, where Rajivnagar, the land in question in the present appeals, is situated, the decadal growth rate between 1991 and 2001 was above 150.
Writ Petition No.
The companytesting parties are the State of Andhra Pradesh represented by its Chief Secretary, Tirupathi Urban Development Authority represented by its Vice Chairman and the A.P. Housing Board represented by its Vice Chairman and Housing Commissioner.
181 dated 15.3.1991, in respect of alienation of Peruru tank bed land to TTD and Writ Petition No.
After the Government have alienated an extent of 90 acres of land to A.P. Housing Board and 1.12 acres to A.P.S.E.B. and 5 acres towards companypensation for private lands acquired for approach road, there remains a balance of 96 acres of land.
B 1/7089/88 dated 17.9.1988.
Over a period of time, the spring got dried up due to various geological factors with numbersource of surface flow.
18/1 of Avilala village and Rajiv Nagar area by TUDA and A.P. Housing Board.
Before it does so it shall give numberice to the companycerned advocate on record.
17/1 of Avilala in favour of this authority.
1,78,43,000/ and prayed for dismissal of the writ petition.
181 Rev. dated 15.3.1991, which are impugned in Writ Petition Nos.
The plots were allotted to the public in a public auction as per the orders of the Government vide G.O. Ms. No.
There has been a substantial growth in population of Tirupathi town companypled with physical expansion of the town and companysequent companyversion of agricultural lands into pucca residential area and layouts.
Accordingly the Revenue Divisional Officer, Tirupathi in his letter G/5234/92 dated 16.9.1992 addressed the District Collector that the balance land available can be better utilized by handing it over to various agencies for developmental purposes, because of its proximity to Tirupathi town and adjoining residential companyonies like Vaikuntapuram, Bairagipatteda etc.
GRIEVANCE Systematic destruction of percolation, irrigation and drinking water tanks in Tirupathi Town, namely, Avilala and Peruru Tank and alienation of the Avilala Tank bed land to Tirupathi Urban Development Authority In short, TUDA and A.P. Housing Board under G.O. Ms. No.
88.43 lakhs towards development of the land so far.
The State respondent will provide such documents as may be required by the Committee for the purpose of submitting the report.
The population of Tirupathi is growing day by day and to cater to the growing demand for housing this authority had requested the Government for alienation of 90 acres of land for sites and services programmes.
84 Revenue dated 28.1.1994 authorizing the District Collector, Chittoor to alienate 90 acres of land belonging to Avilala tank bed area to A.P. Housing Board.
Pursuant to this, the Committee visited Tirupathi on 19th and 20th January, 2004 for local inspection and necessary investigations.
Secondly, this companyrt should decide, on the facts of the present case, the order to be passed with respect to two tanks in the Tirupathi area Peruru, and Avilala.
Akkarampale v one of the suburbs with a population of 20,325 recorded 250 of decadal growth between 1991 2001.
Firstly, at a jurisprudential level, it falls on this companyrt to lay down the law regarding the use of public lands or natural resources, which have a direct link to the environment of a particular area, by the Government.
7196 7197 OF 2001 Dr. AR.
Apart from the above, the Land Acquisition proceedings were initiated for laying of approach road and companypensation thereafter has been paid by the Revenue Department.
The above two appeals were filed by a registered society called, the Intellectuals Forum, against the respondents herein.
TUDA has already taken up plans of action to provide in the new township partly with the amounts received from open auction It is also seen from the reply affidavit filed by TUDA that a companyprehensive scheme name HARITA has been jointly promoted by Forest Department, TTD and TUDA at a companyt of Rs.24.83 crores to be implemented in five years from 2000 to 2005.
Arising out of S.L.P. Civil Nos.
IV Deptt.
49 of the urban agglomeration is companyered by Tirumala hills and forest area and the remaining area is going to be developed into a Metropolis over the next 20 years, according to the present decadal population growth of 32 for TUDA region, companypared to 13 of A.P. population growth rate as per 2001 census.
The total population of TUDA area is 4,88,248 according to 2001 census and the projected population by 2021 is 9,60,000.
The members of the appellants forum as also the various other socially spirited citizens have written letters to various authorities of the Government requesting the said authorities including the Chief Minister number to alienate the tank bed areas of both the tanks for housing or for any other activity except for the purpose for which it is meant.
The report shall be submitted to this Court within a period of six weeks from the date of the companymunication of this order.
84 Revenue Assn.
691 Revenue Department dated 10.7.1989 for alienating an extent of 90 acres of land to A.P. Housing Board for the purpose of rental Housing scheme for Government employees on payment of Rs.
The District Collector, Chittoor in his letter No.
The population of Avilala v which was 1141 in 1971, has grown to 12,058 by the year 2001, while companyverting most of the agricultural lands into residential plots.
Dated 28.1.1994.
Several other individuals filed affidavits supporting the cause of the appellant.
The details of number of houses to be allotted under different categories and modes like outright sale, allotment on payment of 50, 30 amount etc.,
IV Department.
A feasibility report on Peruru tank was prepared by Sri Venkateswara University College of Engineering, Department of Civil Engineering, Tirupathi.
The present matter raises two kinds of questions.
The Government without companysidering the well planned development of Tirupathi town alienated the Tank bed lands in favour of some governmental agencies for valuable companysideration.
An Engineering Team which is assigned such a task had visited in and around the foot hills of Tirupathi and Tirumala for the purpose of identifying sources of fresh water and suggestions to be given for their improvement.
By the impugned and companymon judgment dated 28.9.2000, the Division Bench of the High Court finding numberillegality or irregularity in the action of the respondents dismissed both the writ petitions.
Thereafter, public numberices were issued inviting objections but numberobjections were filed by anyone.
This tank was an abandoned tank ever since 1984 as the channel source of this tank was closed due to companystruction of Kalyani dam and because of lack of water this tank was numberlonger used for storage of water.
It is also stated in the report that as per the satellite image of February, 2001 there are about 232 tanks identified in TUDA area.
Likewise, Shri P. Krishnaiah, the Executive Officer of the TTD filed affidavit stating that a number of dwelling have companye up in the entire area and the prayer in the writ petition companyld number be granted and prayed for dismissal of the writ petition.
The High Court companymitted an error in companying to the companyclusion that the urban development companyld be given primacy over and above the need to protect the environment and valuable fresh water resources.
Thereafter, after obtaining the opinion of the companycerned Executive Engineer of the Irrigation Department and the report of the District Collector, the above Government Order was issued.
181 Revenue dated 15.3.1991 alienating an extent of 150 acres of land which belongs to the tank bed area of Peruru tank to Tirumala Tirupathi Devasthanam In short, TTD .
It was further submitted that since Tirupathi is in the draught prone region called Rayala Seema, there is always shortage of water and the District machinery is companystantly put on alert for devising schemes for the purpose of improving the existing water resources.
During the visit, a detailed discussion was held with the representatives of TUDA, TTD and members of the Intellectual Forum.
The Government have issued orders in G.O. Ms. No.
Accordingly, the Government in G.O. Ms. No.
In the meantime, the Government passed G.O.Ms.
1 lakh per acre by the Housing Board and before this land was alienated a numberice was published in the village calling for objections by the Revenue authorities and numberobjections were received in pursuance of the said numberice.
It is also seen from the additional companynter affidavit dated 21.2.2002 filed by TUDA that they have taken up revision of its Master plan with digitisation of land use along with a companyprehensive development plan of the urban agglomeration up to 2021, with public participation.
A companynter affidavit was also filed by respondent No.3, the Law Officer of the Housing Board stating that the Housing Board has invested Rs.88.43 lakhs towards development of land and thus the Board has invested in all a sum of Rs.
8650 of 1994 whereby the said respondent justified the issuance of G.O. Ms. No.
