Andhra HC (Pre-Telangana)
Kamal Nagar Welfare Association And ... vs Government Of A.P. And Others on 6 August, 1999
Equivalent citations: 2000(3)ALD261, AIR 2000 ANDHRA PRADESH 132, (2000) 3 ANDHLD 261 (2000) 1 ANDHWR 362, (2000) 1 ANDHWR 362
JUDGMENT
1. In both the writ petitions, common questions of law arise for consideration and therefore, they are disposed of jointly.
2. The writ petitions are filed by the Welfare Association of the "residents of Moosanagar and Kamalanagar situated on the river bed of Moosi. It is their case that the inhabitants in the said localities belonging to weaker sections comprising of all communities. They have been residing there for the last several decades and caking out their livelihood in nearby places. They have also constructed permanent and semipermanent structures on the Moosi bed. The Government have also provided necessary amenities to them. While so, the Government took a decision for beautification of Moosi river bed area called Nandanavanam project. The respondents have taken a decision to develop Nandanavanam project and for the purpose of implementation of the projects, various stages of developments are earmarked. In the process of development, the petitioners are being threatened with dispossession from the river bed area. It is the case of the petitioners that no proper consideration was given while approving Nandanavanam project. The project deprives the livelihood of number of people and thus violate the right to life under Article 21 of the Constitution of India. It is also stated that they have perfected the title to the property by virtue of their occupying the lands for more than three to four decades and in respect of some cases, the pattas were also granted by the Government. Thus, the action also offends under Article 300-A of Constitution of India. It is aiso stated that the State is expected to protect the interest of the weaker sections by providing shelter and necessary hygenic unpolluted atmosphere. But, in the instant case, they are denied the basic right to shelter and thereby violating the directive principles laid down under Articles 39 and 46 of Constitution of India. It is also stated that the respondents cannot deprive the petitioners right to property except in accordance with law. It is further stated that alternative accommodation which is sought to be given to the displaced persons is neither convenient nor suitable and therefore viewed from any angle, the action of the respondents in seeking to displace the residents residing on the river bed area of Moosi river is wholly illegal and in gross violation of the fundamental rights guaranteed under Constitution of India.
3. Counter affidavit was filed by Respondent No.2-Hyderabad District Collector. While denying various averment made in the writ petition, it is stated that in the interest of betterment of the society, a high-level committee at the Government level has taken a decision to clean, remodel beautify the stinking and unhealthy flow of the Moosi river from Bapughat to the Ring Road Bridge at Nagole as guidelines issued by the Government of Andhra Pradesh, and project name Nandanavanam project was finalised. The intention and the aims of the project are to provide health and good environment to the society. It was decided to rehabilitate the persons who are effected by the project in a Housing colony with basic civi amenities, the Mandal Revenue Officers of the concerned area have conducted survey for preparing rehabilitation scheme on the basis of door to door inspection and they found that the following number of families will be effected:
Sl.No. Name of the Locality No. of houses/families enlisted
1.
Kamalnagar 400
2. Moosanagar 538
3. Padmanagar 105
4. Tulsiramnagar 181
5. New Ambedkarnagar 017
6. Shankernagar 147
7. New Shankernagar 006
8. Wahednagar 094 1,488 It is also stated that the Collector himself personally visited all the effected areas which are slums and that the inhabitants will be rehabilitated in Saidabad, Bandlaguda, Karmanghat and Nandi Muslaiguda villages on exercise of option for a particular site. Until alternative accommodation is finalised to all the effected persons, they will not be disturbed from the ordinary place of residence.
4. In the additional counter filed by the Collector it is stated that before Nandanavanam project was finalised by the Government, three sub-groups comprising of the officials from various Departments/ Organisations/NGOs., were formed to study and analyse the water and soil structure, the level of pollution, the encroachments and their plan for rehabilitation, the plant species which can be adopted for the project. Based on the report of these three Sub-Groups which consisted of and after inviting the opinion from all the quarters including Environmentalists, Social Scientists, Journalists, Legal illuminaries and Experts in the filed of rehabilitation and urban development, Report was submitted to the Government. It was discussed by the Honourable The Chief Minister, Minister for Revenue and Minister for Municipal Administration and Urban Development. Thereafter, the Government have issued orders for implementation of the project. With regard to the rehabilitation scheme, the Government issued Memo dated 4-7-1997 sanctioning 1,000 houses on the LIG scheme and additional 1,000 houses to accommodate all the slum dwellers. The Government have also released 1.8 crores for formation of Central Water Channel. Further, a sum of Rs.3 crores was directed to be released by HUDA for formation of roads along the river bed. It is further stated that a door to door survey was taken up to identify the slum dwellers who are on the river bed or on the bank of river Moosi, and the list was finalised. In fact, the most of the slum dwellers welcomed the rehabilitation plan and at the inslance of some vested persons, the writ petitions have been filed. The intention of bringing the project is to eliminate mosquito menace, diseases spreading due to highly polluted water flowing through Moosi river and to decongest the city by providing connections to the National Highways by way of formation of road on the bank of Moosi river. The rehabilitation of poor people effected by the project which give top priority as the slum dwellers in the Moosi river bed are living in very pathetic conditions by the highly polluted water. The rehabilitation programmes includes not only allotting the houses, but the provision for internal roads, electricity, water supply, sewerage and other requirements of the community such as school, bus station, temple/mosque/church, grave yard/burial ground.
5. During the pendency of the writ petitions, when the Moosi was in floods, situation arose where the residents residing on the Moosi river bed have to be necessarily shifted so as to avoid loss of person and property.
6. After hearing the parties and also the Government this Court passed interim directions on 16-10-1998 to the following effect :
"On the submissions made by the learned Advocate-General and also the learned Counsel Mr. Mallikarjuna Sharma and in view of the unprecedented rains and heavy floods, the following directions are issued, pending further orders:
The persons who are willing to be shifted to any other safer place, it is open for respondents to rehabilitate them either at Karmanghat or at Gudimalkapur or any other place on purely temporary and on ad hoc basis till the normalcy is restored.
It is however, made clear that their shilling cannot be construed as a shift permanently from the place where they have been staying.
The Government shall take appropriate steps to provide all facilities to the persons who are temporarily rehabilitated in pursuance of this order, so as not to cause any inconvenience to them.
The Collector shall file counter as to how many houses have been completed so far either at Karmanghat or at Gudimalkapur or how many are in the process.
The Government Officials shall not force or coerce the occupants either directly or indirectly to vacate the existing houses and it is only when they volunteer for shift, the respondent shall take further action as directed above.
This interim order is passed without prejudice to the respective contentions of the parties and to tide over the immediate contingency to avoid any possible loss of life or the property."
Thereafter additional affidavit was also filed by the Collector stating that about 1,095 families were rehabilitated at Karmanghat area and bus facility was provided, health sub-centre, police out-post, three primary schools, one Anganwadi centre was provided including fair price shop, public telephone booth and fire engine. It is further stated that the houses to be constructed at Karmanghat for the benefit of slum dwellers would cost Rs. 8 crores. The main features of the Housing project are as follows:
1.
No. of plots
- 1858
2. Size of plots
- 15'-0"x30'0"
3. Area of plot
- 50 Sq. yds.
4. Unit cost
- Rs. 30,000/-
5. Loan component
- Rs. 25,000/-
6. Beneficiary contribution
- Rs. 5,000/-
7. Total project cost
- Rs. 565.50 lakhs
8. Total Loan component
- Rs. 471.25 lakhs The total project cost inclusive of civic amenities is as follows:
1. Project cost for Housing - Rs. 565.50 lakhs
2. Provision for Civi amentities - Rs. 220.00 lakhs Salient features of the Housing Project:
The site is situated about 2 km from DMRL Cross roads on the Ring road to Nagarjunasagar Highway. Proposed details of the various supplementary facilities are as follows:
I. Total area
-1,96,632 sq.yds.
a) Plotted area 93,766 " b) Commercial area 3,000 " c) Educational Institutions (Primaiy & High School) 4,083 " d) Religious Centres (Temple, Church, Mosque) 2,697 " e) Roads 56,105 " f) Graveyard 4,380 sq.yds. g) Septic Tank 2,378 " h) Parks & Open places 30,223 " Total area: 1,96,632 "
7. Similarly, in respect of Gudi Malkapur Housing project with which we are not concerned, but referred for the purpose of understanding the entire situation, the position is as follows:
"In respect of Guddimalkapur Housing, an amount of Rs.3S.58 lakhs has been incurred for grounding 294 houses and the physical progress is as follows :--
(a) Basement level 62
(b) Roof level 134
(c) Roof cast 98 Besides, 212 temporary sheds have been constructed with A.C. sheets for rehabilitation of the fire victims from the Musi-river bed with a cost of Rs. 10.00 lakhs and all the fire victims are residing in the sheds since June, 1998. There is lot of construction material lying on the land worth Rs. 10.00 lakhs and also getting deteriorated due to the heavy rains in the last two months."
8. The Government Pleader also submitted the booklet containing the scheme of Nandanavanam project and also plan prepared by Environmental Collaboration, Ahmedabad for Nandanavanam Phase-II Project. Therefore, it is submitted mat the project is conceived in the larger interest of the society to have better environmental atmosphere and lungs space for the residents of Hyderabad and to eliminate the unhygienic situation in and aground the Moosi river bed area.
9. The learned Counsel appearing for the petitioners submit that the entire project is having a negative effect on the residents and therefore in the interest of weaker sections, the action of the respondents has to be declared as illegal and invalid. On the other hand, it is the contention of the Government that the river Moosi became heavily contaminated with the result, the pollution reached its peak and the very existence of human being became difficult and therefore a decision was taken by the Government to take remedial measures by developing the Moosi river green belt project called Nandanavanam. The report submitted by the District Collector on Nandanavanam project. The objectives in the Report are extracted below:
"OBJECTIVES" :
River Musi is heavily contaminated with domestic sewage and industrial effluents apart from pollution caused by excess flows received from Hussainsagar lake which is loaded with toxic chemicals and metals. Since urban sewerage facility at Amberpet is either non-functioning or does not have capacity to treat the domestic waste, the river Musi continues to create odour problem, ground water pollution and exposing public health hazard due to fodder cultivation and mosquito breeding place. Therefore the objective of the Nandanavanam Project is to evolve a meaningful strategy to combat pollution and to create healthy environment for abating pollution.
SHORT RANGE :
(i) To allow free flow of water by formation of a central water channel;
(ii) To eliminate further encroachments;
(iii) To enforce the ban on forage cultivation;
(iv) Suitable relocation of dobhi ghats;
(v) To treat the water to a particular standard for irrigating plants and nurseries.
LONG RANGE:
(i) Establishing small STPs/ETPs., (for primary treatment) at the confluence of Nalahs/streams bringing domestic sewerage/industrial effluents to Musi river;
(ii) Remodelling and improving the capacity of existing sewerage treatment plant at Amberpet for primary/secondary treatment.
(iii) To encourage ornamental plantations and floriculture such as Jasmine, Rose and Marigold. The sewage sludge would provide effective nutrient such as N&P for healthy growth of ornamental and commercial crops.
(iv) To develop the road and other infrastructure on the banks of the river to interlink with the ring roads.
METHODOLOGY:
To achieve the above stated objectives and to minimise the time-frame, three sub-groups were constituted to prepare the base papers on availability of the land, the classification of the land, the status on ground and the plan for rehabilitation of the encroachments, the soil and water analysis, recommendation of suitable species for plantation and plan for treatment of the sewage water and industrial effluents being discharged in the Moosi river. Thereafter, a two days Seminar was organised on June, 3-4, 1997 in collaboration with the Department of Economics, Osmania University, Hyderabad. The four groups formed in the Seminar have given their recommendations which arc enclosed as Annexure and will be useful for preparing the long-range project.
APPROACH:
While adopting the recommendations of the 4 groups of the Seminar in the plenary session, it was decided to follow time-phased programme as mentioned below:
(i) Short range plan to be implemented in a period of 4 months. (From July, 1997 to October, 1997).
(ii) Medium range plan to be prepared and finalised by end of October, 1997 and to be implemented from November, 1997 to January, 1998.
(iii) Long range plan to be prepared and finalised by end of March, 1998 and to be implemented from July, 1998 to for a period of 3-5 years.
SHORT RANGE PLAN OF ACTION FOR IMMEDIATE IMPLEMENTATION:
In order to prepare a short range plan of action which can be implemented in the next 4 months further discussions were held with the Group Moderators, Senior Officers and representatives from Voluntary Organisations besides organising the site seeing of the Moosi river from Bapughat to Amberpet cause way to gain the first hand exposure of the problems and the solution thereto. Accordingly, the following draft plan of action is submitted:
(I) Formation of Central Channel by digging/putting some earthen bund/ stone revetment in the river bed to ensure the free flow of water mainly the domestic sewage and the industrial effluents discharged in the river-bed whereby, regular water flow inside the course of river is regulated. For this purpose, wherever earth/debris is available in the vicinity, it can be used for counterbunding including the debris dumped on the banks of the river or even the debris which might have been dumped in (he vicinity/city can be carried to the spot wherever it is required. The machinery and vehicles available at the disposal of the MCH, QQSUDA, A.P. Agro Industries Corporation, HUDA, Irrigation Department and the Private Engineering Construction Companies should be utilised by pulling the human resources through the Voluntary Organisations, Educational Institutions, Police, Military and Para-Military forces dividing and allocating the entire river-course as follows:
Reaches Length (Approx.) Proposed Organisation
1.
Bapughat to Attapur Bridges 11/2 k.m.
Artillery Centre
2. Altapur Bridge to Ganeshghat 1/2 k.m.
EME Centre or 54 Inf. Division.
3. Ganeshghat to Kesari Hanuman 1 k.m.
CRPF
4. Kesari Hanuman Temple to Purnapul 3 k.m.
QQSUDA in association with Acharya N.G. Ranga Agrl University.
5. Purnapul to Muslim Jung Bridge 1 k.m.
CAR & Police Transport Organisation
6. Muslim Jung Bridge to Nayapul 1/2 k.m.
City College NSS and NCC units.
7. Nayapul to Salarjung Bridge 1/2 k.m.
MCH
8. Salarjung Bridge to Chanderghat Bridge 1/2 km APSRTC
9. Chanderghat Bridge to Railway Bridge 1/2 km HMWSSB
10. Railway Bridge to Amberpet causeway 2.65 k.m.
HUDA in associa-tion with Forest Department.
11. Anberpet Causeway to Nagole Ring Road Bridge 2 k.m.
HMWSSB & CE National Highways.
(ii) After the formation of the above earthen channel, the stagnated water from the isolated cess ponds shall be pumped into the channel. Wherever possible, through the technique developed by the EPTRI, the treatment of this water can also be taken up on experimental basis.
(Action: Commr. & SO, MCH)
(iii) The dredges of the Hyderabad Metropolitan Water Supply and Sewerage Board and some Private Companies will be engaged for desilting of certain waterways and channels due to which the stagnation has come up. Action will be taken up immediately to remove the stagnated water near Chaderghat Bridge and other such places which give very ugly look and stinking/foul smell.
(Action: Managing Director, HMWSSB) (iv) Fixation of Boundaries:
(iv) Fixation of Boundaries:
11 teams of Surveyors along with a Revenue Officer and an Engineer will be formed to fix the boundary pillars ofthe Nandanavanam Project which will be specifically designed by the Chief Engineer, Quli Qulubshah Urban Development Authority in consultation with the Director, House Numbering, MCH with pre fabricated material to complete the entire process quickly.
(Action: Collector, Hyderabad).
(v) Removal of encroachments, and rehabilitation of poor ENCROACHERS with dwelling units:
The following encroachments have been identified in the Moosi river bed:
Name of the locality Hut dwellers/encroachers Petlaburj 45 Under Salarjung Bridge 195 Kamalanagar, Opp. Kamal Talkies 152 Moosanagar near Chaderghat Bridge 400 Shankernagar, Malakpet 50 Moosarambagh (Teegalguda) 72 Wadderbasthi, Moosarambagh 28 942
a) The RDO has been requested to identify the places near Falaknuma Palace (Surplus lands), Karmanghat, and other localities where the poor encroacliers with dwelling units will be rehabilitated. The District Manager, Housing, will prepare the project for taking up the housing schemes. The RDO and DM Housing will come up with a concrete scheme by 30-6-1997.
(Action: RDO, Hyderabad & D.M. Housing).
MEDIUM RANGE PLAN OF ACTION:
(i) Notification of burial grounds and dhobi ghats:
In order to avoid the use of the Moosi river bed as burial ground/dhobighat at the whims and fancies of the people, certain areas will be earmarked for this purpose by keeping in view the present usage and other factors and it will be notified so that the damage to the Moosi river-bed because of these activities can be avoided.
(Action: Collector, Hyderabad)
ii) Restoration of embankment walls and stone railing.
It has been observed that at some places the stone embankment walls and the railing stones on the kerbs of the road i.e., the banks of the river have been damaged due to some encroachments/ other activities which must be restored by putting the cement cubicles/cc/stone pillars matching to the existing stone railing/pillars.
(Action: Administrator, QQSUDA)
(iii) Formation of roads along the course of river.
All the surplus lands/government lands coming in the alignment of the roads as designed by Quli Qutubshah Urban Development Authority on southern bank of the river from Nagole ring road bridge to Chaderghat bridge, from Attapur bridge to Bapughat and northern bank of the river Nagole ring road bridge to Maize Research Centre, from Puranapul to Moghal Ka Nala with a retaining wall and on the bed of the river in the norther side between Purnapul to Muslim Jung bridge, shall be handed over to QQSUDA. It has been suggested that wherever the lands are to be acquired for formation of the above road, the land owners can be offered some Government land in exchange in Ranga Reddy district so as to avoid the payment of compensation and the issue can be settled through negotiations. The Government/ surplus land which is not utilised for formation of the road, but failing on the margins of the roads to be formed, can be utilised for developing the office/ commercial complexes by QQSUDA to generate the revenue not only for the formation of the road but for sustenance of the project in the long run. Since formation of some parts of the road is already commenced, special grant or Rs.3 crores may be released by the Government for continuing the work till generation of the income through office/ commercial complex is worked out and money inflow commences.
(Action: Prl. Secretary, MA & UD) LONG RANGE PLAN OF ACTION (From 1st July, 1998 to for a period of 3-5 years) The long range plan of action can be prepared based on the recommendations of the 4 groups in the Seminar held on June 3-4, 1997 which are enclosed as annexure. If necessary, another workshop/ seminar can be conducted by gaining the experience after implementation and finalisation of short range and medium range plans of action respectively i.e., somewhere in the months of November/ December, 1997.
(Action; Dist. Collector, Hyderabad) INSTITUTIONAL MECHANISM:
(i) A District Level Co-ordination and Project Implementation Committee headed by the District Collector with the following members may be constituted to co-ordinate the day to day activities for implementation of the short and medium range plans of action.
Members:
1. Chief Engineer, MCH
2. Director (Technical), HMWSSB
3. Chief Engineer, QQSUDA
4. CPO, QQSUDA
5. Chief City Planner, MCH
6. Additional Commissioners of MCH South Zone and East Zones.
7. SER & B Roads
8. Director, Urban Forestry, H.U.D.A.
9. SO & CA ULC
10. SE.APPCB
11. Joint Collector, Ranga Reddy District
12. RM, APSRTC, Hyderabad.
13. Dy. Commissioner of Police, Traffic, Hyderabad.
14. Representatives of Departments of MA & UD Finance and Revenue
15. EE, National Highways
(ii)In order to prepare the long range plan of action and to monitor and coordinate the activities at the State level, a High Powered Committee at the Government level under the Chairmanship of Principal Secretary, Municipal Administration and Urban Development Department with the Secretaries/Principal Secretary, Municipal Administration and Urban Development Department with the Secretaries/ Principal Secretaries of Revenue, Environment and Forest, Eaw, Finance, TR & B, Tourism and Youth Services Departments, Member Secretary, APPCB, CE APSEB, C.E. National High Ways, Commissioner of Police, General Manager, Telecom etc., may be constituted. This will be the single agency responsible for preparation and implementation of the long range plan or action under the Nandanavanam Project.
(Action: Principal Secretary, MA & UD)
10. In the instant case, we are only concerned with the rehabilitation of the persons effected consequent on the execution of Nandanavanam project. From the set of material papers, it is also noticed that the Honourable Chief Minister has been reviewing the progress of the Nandanavanam Project and a note forwarded to the Collector and the Commissioner, Municipal Corporation of Hyderabad on 7.7.1997 is extracted below:
"During the review meeting on development of Twin Cities held recently, Hon'ble Chief Minister has discussed the Project relating to Development of Moosi river-bed for which the District Collector, Hyderabad has submitted a Project Report. A copy of the report is enclosed. Hon'ble Chief Minister desires that the following action may be taken immediately:
1. Removal of encroachments (as indicated in the report) and their rehabilitation. For this purpose, Managing Director, A.P. State Housing Corporation has been asked to sanction 1,000 houses under LIG Scheme and release funds in advance pending sanction from the Financial agencies;
2. The Development Plan may be placed before the High Level Committee (City Level Co-ordination Committee constituted for the development of Twin Cities with Commissioner, MCII as Co-ordinator). Chief Minister further observed that it may be explored to involve 'private agencies who can adopt and develop the area.
3. The progress of the project may be reviewed once in fifteen days and intimated to Chief Minister's Office.
Prl. Secretary, MA & UD may kindly see for necessary action."
11. Thus, it is seen that the Nandanavanam project was conceived on multiple benefits pattern to the people of twin cities. It is also stated that the persons who are occupying river bed area are encroachers and their occupation is illegal. The learned Government Pleader submits that under Section 24 of A.P. (Telangana Area) Land Revenue Act, (1374 Fash), all the river bed areas vest in the Government and therefore the residents have no manner of right to continue muchless contend that they are the owners. This project is being brought up with the co-ordination and conserted efforts of Government functionaries and the Nandanavanam project was brain child of the Collector and it is being implemented by the Government in a phased manner. Various Government departments are co-ordinaling the efforts in the project in their respective spheres. The Revenue Department, Commissioner, Municipal Corporation of Hyderabad, Managing Director of Hyderabad Metropolitan Water Supply and Sewerage Board, Quli Qutub Shah Urban Development, Roads and Buildings Department, Hyderabad Urban Development Authority, Horticulture Department are engaged in the developmental activities. As a part of stagewise programme, constructions of Central Water Channel also is in progress and roads have also been laid to some extent.
12. But, the question that calls for consideration is whether there is violation of any Constitutional or fundamental rights of the residents consequent on the development of Nandanavanam Project.
13. The learned Counsel for the petitioners, however, submits that it is an encroachment on their livelihood apart from depriving their property. Right to Life includes Right to shelter, better standard of live, hygienic conditions and also traditional and cultural heritage of a person. He relied on the judgment of the Supreme Court reported in Consumer Education and Research Centre v. Union of India, AIR 1995 SC 922. In the said case, the Supreme Court was concerned with the occupational health hazards and deceases to the employees working in the Asbestos Industries. It was a public interest litigation brought before the Court by a Accredited Organisation. The Supreme Court referring to various provisions under Articles 21, 38, 39-E, 41, 43 and 48-A of Constitution of India, held at Para 24 as follows:
"The expression 'life' assured in Article 21 of the Constitution docs not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to livelihood, better standards of life, hygienic conditions in work place and leisure. In Ogla Tellis v. Bombay Municipal Corporation , this Court held that no person can live without the means of living i.e., means of livelihood. If the right to livelihood is not treated as a part of the Constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. Such deprivation would not only denude the life of its effective content of meaningfulness but it would make life impossible to live, leave aside what makes life liveable. The right to iife with human dinity encompasses within its fold, some of the finer facets of human civilisation which makes life worth living. The expanded connotation of life would mean the tradition and cultural heritage of the persons concerned. In State of H.P. v. Umed Ram Sharma, , this Court held that the right to life includes the quality of life as understood in its richness and fullness by the ambit of the Constitution. Access to road was held to be an access to life itself in that state."
14. Thus, the Supreme Court mainly was concerning with the right of a worker under Article 21 of Constitution of India and other Articles in the Constitution. It is not a case directly on the issue under adjudication. He relied on yet another judgment of the Supreme Court reported in People 's Union for Civil Liberties v. Union of India, . It was filed by People's Union for Civil Liberties seeking writ of mandamus or appropriate direction to institute a judicial inquiry into the fake encounter of Imphal Police on April 3, 1991 and to direct appropriate action against the said Police and to award compensation and it is not a case where rehabilitation scheme like the one in the instant case was the subject matter.
15. There is no dispute that the State cannot afford to violate Article 21 or deprive of any right to property except in accordance with law. But, the issue in these writ petitions stand on a quite different and distinct basements. Admittedly, the Government have taken a decision to develop the Moosi river bed area from Bapughat to the Ring Road Bridge at Nagole and provide various measures not only for the beautification and also for cleaning the river bed area and to ensure free flow of Moosi water. It was envisaged that this process would create health and unpolluted atmosphere and provide good lung space for the people apart from eliminating traffic congestions. The residents of Kamalanagar and Moosanagar who are being affected by Nandanavanam project, are trying to depict the picture of denial of Right Life and Property. It cannot be disputed that the Government have already identified the persons who would be affected by the implementation of the project and that alternative arrangements have been made to accommodate at a place fully providing the basic civic amenities, transport, communication, security, fire services etc, Elaborate plans were also drawn for the purpose of making pucca constructions of residential houses. There is no material to show that these residents are the owners of the property except saying that they have been staying for the last several decades and perfected their title by adverse possession. Admittedly, the Moosi river bed area vests with the Government under Section 24 of A.P. (Telangana Area) Land Revenue Act, (1374 Fasli) and all the identified affected persons are encroachments on the Moosi river bed. But, it is not the case of the Government that they have been simply dispossessed on the ground that they are unauthorised occupants and that they are encroachers, but on the other hand sufficient steps were taken to ensure that they are rehabilitated at several places duly providing all the amenities. Therefore, to say that they would rather remain forever in the slum area subjecting themselves to untold miseries and severe health hazards with least civic facilities on the banks of Moosi, it would be nothing but inviting the devil days. It is not as if they are totally depriving of their livelihood. The action plan and the subsequent steps taken by the Government as can be seen from the volumnous material papers filed by the Government, it is seen that an earnest and transparent steps are being taken duly cleaning the encroachments and ensuring organised/planned development of Moosi river bed area. In fact the petitioners should support such projects in the interest of welfare and well being of the humanity.
16. The learned Government Pleader has taken this Court to various development activities that were already undertaken and which are in progress and also submits that as soon as the encroachments are cleared, the entire project will get a tremendous face lift and it will be a boom to the residents of twin cities. This Court cannot grant disapproval to a project which is aimed in the larger interest of the public at the cost of some inconvenience of the microscopic population. Law is a social engineering. It gets moulded to the situation in the interest of the society at large. Fundamental Rights under Chapter-III of Constitution of India are not static and they always activise and move wherever injustice is caused and spread justice. But, in the process, it is universal inevitability, there may arise some inconvenience to smaller segments of society. This would not amount to neither denying injustice nor causing violence to Fundamental Right of the Citizens enshrined under Article 21 of the Constitution of India.
17. It is now well settled by the Supreme Court that in the larger interest of the society, the interest of smaller segments can be sacrificed and that would not amount to arbitrary or illegal action offending Articles 14 and 21 of the Constitution of India. This is also not present in the instant case. Even though identified persons on the Moosi river bed area are liable to be evicted without giving any alternate accommodation as they are unauthorised occupants, yet a grater latitude was shown by the Government and they are being rehabilitated at a more hygienic and convenient place duly making permanent residential arrangements. This cannot be styled as depriving the basic rights of human life or livelihood.
18. The learned Counsel for the petitioner, however, submits that it is a negation of basic human rights and it violates declarations under the International Human Rights Covenants wherein it is affirmed that the right to shelter is a basic human right and that cannot be denied. I am afraid, I cannot accept this contention. It is not in dispute that the right to shelter is one of the ingredient under Right to Life, but, the question is whether such a right has been denied or taken away in the instant case. The answer is emphatically negative. On the other hand, the residents are being shifted to more healthier and congenial place with better facilities. Thus, 1 find no ground whatsoever to grant the relief as prayed for by the petitioners. Under these circumstances, I do not find any merits in the writ petitions.
19. Accordingly, the writ petitions are dismissed.
20. However, this Court cannot lost sight of the situation. The entire scheme of Nandanavanam is to provide better atmosphere and to eliminate all possible health hazards by taking various steps including evicting the encroachers of the Moosi river bed area. Therefore, the responsibility is equally heavy on the Government to ensure that the project comes through in its conceived form. Any delay in execution of the project would be nothing but denying the aspirations of the people of twin cities and also amounts failure on the part of the Government to fulfil its promise to the people. Therefore, the following directions are issued for expeditious and prompt implementation of Nandanavanam project:
1. That the Government shall take up the project and proceed with the plans already finalised with utmost expedition.
2. The encroachers already identified by the authorities shall be directed to be accommodated at the alternative sites at Karmanghat or Gachibowli or other place duly taking into consideration their options.
3. The respondents are directed not to allow any further encroachments on the Moosi river bed area and clear the encroachments on the Moosi river bed area and clear the encroachments if any already made by the third parties on the Moosi river bed area immediately in accordance with law.
4. The Government is directed to ensure that no encroachments takes place in future and necessary permanent arrangements should be made to earmark the Moosi river bed area.
5. If any constructions are already made over the Moosi river bed area or any activities are being conducted other than those which are permitted as per law shall be immediately stopped after following due procedure of law.
6. The Government may consider constituting a statutory authority for protection and development of Moosi river bed area by enacting necessary statute in this regard.
7. The respondents are directed to make necessary security arrangements for proper protection of the Moosi river bed area and for the implementation of the development schemes on the river bed areas.
8. All the Heads of the Departments concerned who are involved in Nandanavanam project shall thrive for the completion of the project as per schedule and the Heads of the concerned Department shall be made responsible for any lapses or deficiencies in the execution of their respective functions.
9. The Government shall constitute a High Level Committee on Nandanavanam project under the Chairmanship of Chief Secretary and the District Collector, Hyderabad as Ex-Officio Secretary to oversee the execution of the project and to take remedical measures as and when necessary.
10. The Government shall provide or arrange necessary funds for proper execution of the Nandanavanam project.
21. No costs.