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The above two appeals were filed by a registered society called, the Intellectuals Forum, against the respondents herein. The contesting 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.

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. GRIEVANCE:

4. The High Court has failed to notice the fact that the need for sustainable development cannot be ignored, could not do away with and could not cause harm to the environment in the name of urban development and that certain acts of omissions and commissions on the part of the respondents in not taking proper measures for the preservation of the Peruru tank, the flow of water into the tank is reduced every year as most of its feeder channels are either spoiled or closed by unauthorised encroachers.

Mr. Gupta further submitted that the Urban Development Authorities are bound to regulate the massive urban growth and migration of people with appropriate development plans to prevent formation of slums and consequent urban decay. Accordingly, the TUDA has taken up development of new Satellite townships around Tirupathi to relieve congestion 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. No. 18/1.

3. Whether the need for sustainable development can be ignored, do away with and cause harm to the environment in the name of urban development?
4. Whether there are any competing public interests and if so how the conflict is to be adjudicated/reconciled?

We have already referred to the directions issued to the Government of India to constitute a Committee 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 utilised for water harvesting. The Expert Committee took into account the factors that had led to the depletion of influx of water to Peruru Tank in the report and observed in paragraphs 3 & 4 of the Report.