Telangana High Court
Paladi Anjaneyulu vs The Union Of India on 18 March, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
W.P.No.37357 OF 2021
Between:
Paladi Anjaneyulu
... Petitioner
And
The Union of India & others
... Respondents
JUDGMENT PRONOUNCED ON: 18.03.2024
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : Yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be : Yes
marked to Law Reporters/Journals?
3. Whether Their Lordships wish to : Yes
see the fair copy of the Judgment?
______________________________
SUREPALLI NANDA, J
2
WP_37357_2021
SN,J
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P.No.37357 OF 2021
% 18.03.2024
Between:
# Paladi Anjaneyulu
... Petitioner
And
$ The Union of India & others
... Respondents
< Gist:
> Head Note:
! Counsel for the Petitioner : Mr.V.Raghunath,
^ Counsel for Respondents : Mr.L.Padma Rao,
Ld.Standing Counsel
for R2 & R4
Ld. G.P. for Roads &
Buildings for R3.
? Cases Referred:
-
3
WP_37357_2021
SN,J
HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 37357 of 2021
ORDER:
Heard the Learned counsel Mr.V.Raghunath,
learned counsel appearing on behalf of the Petitioner,
Mr. Lakkaraju Padma Rao, learned Standing Counsel,
appearing on behalf of the Respondents No.2 and 4 and
the Learned Government Pleader for Roads & Buildings
on behalf of Respondent No. 3.
PRAYER:
2. The petitioner approached this Court seeking
prayer as under:
"To issue an appropriate Writ, Order or Direction more
particularly one in the nature of Writ of Mandamus
declare the action of the Respondent No.3 herein in
Draining/Leaving sewage water into Agriculture land of
the petitioner herein lands in SY.No.9, Admeasuring
Ac.7.00, situated Kadthal Village and Mandal, Ranga
Reddy District particularly Spot No.43/417 along the
stretch for Hyderabad to Dindi Project as being illegal
arbitrary and violative of articles 14, 21 and 300(A) of
the constitution of India ant consequently direct the
Respondents to pay to the petitioner a sum of rupees
WP_37357_2021
SN,J
20,00,000/ towards damages for destroying the crop
due to drainage of sewage into the land of the
petitioner."
3. PERUSED THE RECORD :
i) Counter affidavit filed by Respondent No.3, the
relevant portion of para 6 and relevant portion of para 7
reads as under :
"6. ...It is to inform that the stretch of Hyderabad-
Dindi section from Km.23.00 to Km.108.800 of NH 765
has been entrusted to NHAI vide Gazette S.O.No.2572
(E) Dated11.08.2017 and accordingly the stretch and
corresponding documents of Hyderabad-Dindi Section
from Km 23/0 to Km 108/800 were handed over to the
PIU-NHAI, Hyderabad on 16/3/2018.
I submit that as per the land owners request to
continue the drain from 43+417 to dispose the drain
discharge away from the land owners land even though
there is no habitation, the Ministry of Road Transport &
Highways, Government of India has sanctioned the work
"Rehabilitation and up gradation of NH-765 from
km.23/0 to 108/800 (Hyderabad near Tukkuguda to
Dindi Section) two lane with paved shoulders under
NHDP-IV on EPC Basic Sub Work-Construction of RCC
and Pipe drain for disposal of drain discharge to the
nearest cross drainage structure located at Km.42.330
WP_37357_2021
SN,J
along the National Highway-765 on RHS under
contingency head of sanctioned work vide Lr.No.
RW/HYD/HB NHDP/13-14/16/Cor/172 dated 06.06.2019
and work is completed in the supervision of NHAI
consultancy team (As road stretch is transferred to
NHAI).. National Highway drainage is only meant for
discharge of excess rainwater and storm water not for
sewage water.
7. ....It is clear that the stretch from Km 23/0 to
Km 108/800 (Hyderabad-Dinndi) of NH 765 is falls
in the Jurisdiction of NHAI PD Hyderabad and
disconnection of illegal drain connections subject
not pertains to us."
ii. The Counter affidavit filed by Respondent No.2 and
4, in particular, Paras 8 and 9, read as under :
"8. In reply to para 4 of the affidavit, I respectfully
submit that, as part of project facility, covered lined
drain is constructed both sides along the built-up
location from Km. 43+202 to Km. 43+408, Km. 43+426
to Km.44+900 on LHS and from Km. 43+293 to Km.43+
408, Km.43+426 to Km.44+900 on RHS to drain off the
road surface storm water and the water is discharging in
the minor bridge constructed at Km.43+417. It is the
common practice to discharge the storm water in the
nearest cross drainage structure. Accordingly, the storm
water is discharging at minor bridge Km.43+417 which
WP_37357_2021
SN,J
existed from long time, which is more than 20 years.
During the process of widening the road another bridge
on LHS has been constructed to cater 4-lane roads in
the year of 2016. Earlier few houses connected their
sewers to the lined drain and it has been stopped by
blocking the way. As and when it is observed, it is being
closed. Further, the minor bridge exists from long time
and during the widening of road, the bridge has been
widened to enter 4-lane. Earlier few houses are
connected their sewage to the lined drain.
9. In reply to para 5 to 8, I respectfully submit that,
whenever the representations are received an action has
been taken to block the discharge of domestic sewage.
It is common practice along the Highway to discharge
the storm water over the road surface in the nearest
crops drainage structure. Accordingly, the disposal is
being done in the minor bridge at Km.43+417. Perhaps,
petitioner is doing cultivation in the land which is falling
in the way of stream flowing up to the tank existing 800
meters away from the bridge that is why the land is
being submerged. Further, the covered drain has been
constructed to drain the storm water off road surface
and made arrangements to discharge in the nearest
street i.e. at Km. 43+417. As and when it is observed
the illegal waste of domestic sewage, it is being stopped.
In-fact the said location is coming on the way of the
stream flowing where the stream reaches the existing
tank 800 mtrs which is away from the minor bridge from
WP_37357_2021
SN,J
long time. As such the question of leaving sewage water
in to the petitioners agricultural land does not arise and
seeking compensation against the same is unjust and
illegal. Moreover writ petition in the facts and
circumstances which involves disputed questions of facts
is not maintainable and the petitioner will have to
approach the appropriate Civil Court or any forum to
claim the compensation for the alleged financial loss."
iii) The letter No.DEE/R&B/NH/KKY/2023-24/RTI/
11, dated 04.10.2023 of the Deputy Executive Engineer
(R&B) National Highways, Sub-Division, Kalwakurthy,
addressed to the Petitioner reads as under:
"The information under RTI ACT Application 2005
Sought by you is as Follows:
Project Name-Construction of RCC and Pipe drain for
disposal of drain discharge at alternate government land
located at 80m away from NH 765 on RHS at Km
42.670".
Point 1:- Copy enclosed.
Point 2. Work completed & Total cost incurred/spent till
date is 1,27,91,435.00
Point 3:- As some finishing works completed pending bill
amount Rs 4281135.00 released
Point 4 &5:-Work completed.
As part of project facility covered lined drain
is constructed both sides along the built-up
WP_37357_2021
SN,J
location of Kadthal village to drain off the road
surface storm water and outlet point is the nearest
cross drainage structure which was existing long back
(more than 20 years back) as a natural stream with
natural slope during rainy seasons. As and when road is
developed cross drainage structure at that natural
stream only will be developed to meets requirements.
In this case some part of Kadthal village right side
drain adjacent catchment area natural slopes is towards
minor bridge located at Km 43+417 R/S. Hence as
common practice to discharge some part the storm
water(as its natural way) is discharging in the minor
bridge constructed at Km. 43+417. Earlier few houses
are connected their sewers to the lined drain and it has
been stopped by blocking the way. As and when it is
observed, it is being closed.
It is to Inform that the stretch of Hyderabad-Dindi
section from Km.23.00 to Km.108.800 of NH 765 has
been entrusted to NHAI vide Gazette S.O.No.2572 (E)
Dated 11.08.2017 and accordingly the stretch and
corresponding documents of Hyderabad-Dindi Section
from Km 23/0 to Km 108/800 were handed over to the
PIU-NHAI, Hyderabad on 16/3/2018.
As per the land owners request to continue the
drain from 43+417 to dispose the drain discharge away
from the land owners land even though there is no
WP_37357_2021
SN,J
habitation, the Ministry of Road Transport & Highways,
Government of India has sanctioned the work
"Rehabilitation and up gradation of NH-765 from
km.23/0 to 108/800(Hyderabad near Tukkuguda to
Dindi Section) two lane with paved shoulders under
NHDP-IV on EPC Basic Sub work-Construction of RCC
and Pipe drain for disposal of drain discharge to the
nearest cross drainage structure located at Km.42.330
along the National Highway-765 on RHS under
contingency head of sanctioned work vide Lr.
No.RW/HYD/HB NHDP/13-14/16/Cor/172 dated
06.06.2019 and work is completed in the supervision of
NHAI consultancy team (As road stretch is transferred to
NHAI). National Highway drainage is only meant for
discharge of excess rainwater and storm water not for
sewage water.
As the stretch from Km 23/0 to Km 108/800
(Hyderabad-Dinndi) of NH 765 is falls in the
Jurisdiction of NHAI PD Hyderabad and
disconnection of Illegal drain connections to be
done by NHAI with the coordination of local body
will stop murky water into drain."
4. The case of the Petitioner, in brief, as per the
averments made in the affidavit filed in support of the
present writ petition is as follows :
WP_37357_2021
SN,J
It is the specific case of the Petitioner that the Petitioner
is the owner and possessor of agriculture land in Sy.No.9,
admeasuring Ac.7.00 situated at Kadthal Village & Mandal,
Ranga Reddy District and the said land is a patta land and the
Petitioner is personally cultivating the subject land. The
subject land is the only source of livelihood for Petitioner and
Petitioner's family. While things stood thus, the Respondents
herein had taken up laying of National Highway No.765, at a
point along the stretch from Hyderabad to Dindi the spot
No.43/417 and the Respondents have laid canal alongside the
Highway to drain rain water. It is further the case of the
Petitioner that the canal abruptly ends at Petitioner's land as a
consequence of which the water is being drained into
Petitioner's land submerging Petitioner's crop and subjecting
Petitioner to untold misery in terms of loss of crop and mental
agony apart from financial loss and further the local
inhabitants have given connection from their household toilets
to the canal and the canal is being used more for drainage
sewage water than the rain water. It is further the case of the
Petitioner that the Petitioner addressed several
representations to the Respondents vide letters dated
WP_37357_2021
SN,J
10.02.2016, 03.06.2021, 04.06.2021, 18.06.2021,
14.09.2021, 12.11.2021, 28.11.2021, 29.11.2021
innumerable times seeking immediate action against drainage
of sewage water and Petitioner also filed an application under
RTI Act and received a reply that drainage canal is meant for
rain water only. Petitioner specifically contends that due to the
conscious negligence by the Respondents, Petitioner incurred
financial loss to a tune of Rs.20 lakhs which if not
compensated to the Petitioner, the Petitioner would suffer
substantial loss. The Gram Panchayat of Kadthal also a passed
a resolution against the National Highway Authority to take
immediate steps to stop the sewage or drain water vide its
Resolution dated 14.07.2015, but however, no action has been
initiated in this regard as on date. Aggrieved by the same the
Petitioner filed the present writ petition.
DISCUSSION AND CONCLUSION :
5. Proceedings dated 27.02.2018 of the Regional
Officer, Government of India, addressed to the
Engineer-In-Chief, R&B, NH, CRF & Building, Telangana,
Erram Manzil, Hyderabad, which refers to upgradation
of NH-765 from Kms. 23.00 to Km 108.800 (Hyderabad
WP_37357_2021
SN,J
- Dindi) in the State of Telangana through EPC basis
and further refers to discharge of untreated sewage at
Minor Bridge at KM - 43 + 417 reads as under :
"Please refer to E-in-C(NH), TS letter cited at 2nd
reference submitting therewith alternate proposal for
Rs.90.20 lakhs for mitigation of untreated sewage
discharge in land adjacent to NH 765 on RHS at spot Km
43/417 and subsequent letter cited at 1st reference,
submitting therewith documents related to Pahani copies
of lands abutting to the constructed bridge on D/s side
and Map of the village where bridge is constructed in
connection to approval of alternate proposal for
discharge of untreated sewage at minor bridge 43+417
in Government land.
2. The proposal has been examined in light of above
reference letter(s) and the following observations are
made:
i) The existing minor bridge (5 vents of 3.5m) in
Kandhal village is located at Km 43 + 417 which was
earlier 12m wide and later widened to 27m as it the
stretch falls in 4 lane section of Kadthal village from
43+200 to Km 44+900. As per approved plan and
profile, the surface runoff of the pavement from Km
43+200 to Km 43+400 (Hyderabad side) and from Km
43+420 to Km 43+760 (Dindi side) had been planned to
let out at Km 43+417 where minor bridge is situated.
WP_37357_2021
SN,J
However, Shri. Sreenivas paladi R/o Kadthal, who is an
adjacent land owner of Sy. No.9 at Km 43 + 417 on
RHS, has given representation to Secretary RT&H stating
that his lands along with other nearby agricultural
landholders/residential houses are being affected due to
discharge of untreated sewage near the outfall of minor
bridges at Km 43 + 417.
ii) The Ministry had also written a letter to Pr.Secy (T,
R&B) vide letter No.RW/NH-39013/2/2016-NHDP-IVA
dated 06.07.2016, to direct the local panchayat
department to disconnect all unauthorised household
drains in kadthal village and also requested State PWD
to obtain necessary clarification from concern revenue
department regarding the land use pattern and reasons
for its conversion from erstwhile course of natural drain
to built up area/agricultural lands/plots on either side of
Minor bridge location at Km 43+417.
iii) The Amangal Tashildar vide letter no. A/2485/16
dated 08.10.2016, has confirmed that Sy.No.9 is a patta
land, converted to commercial land. Further, on account
of existing temple at Km 42+879, the villagers are also
obstructing to allow discharge at another existing culvert
location i.e. at Km 42+879 which is ahead of claimant
on Hyderabad side. Accordingly, The Amangal Tashildar
has reported the only suitable alternate location is at Sy.
926 is government located at 80m away from NH on
RHS at Km.42.670 land and unobjectionable. The gram
WP_37357_2021
SN,J
panchayat has also given their consent for disposal of
drain water at this location. Despite disconnecting all
unauthorised household drains in kadthal village, the
problem still persisted as the local are again discharging
their house hold sewerages back into road side drains.
4. This State PWD has submitted that the work is
already completed and the contractor has demobilized
all his plant and machinery and instant work is proposed
to be taken up as a separate work and requested to
meet the expenditure to the tune of Rs. 90.20 lakhs
from the contingency amount of Rs. 7.58 Cr.
5. In view of the above, as there are several objections
received from locals of kadthal village for disposal of
drain water near outfall at existing bridge/culvert
locations i.e. Km 42 +879 (pipe culvert near temple) &
Km 43+417 (near bridge location) and since it is the
obligation of NH authority for proper disposal of drain
discharge, in-principle approval has been granted for
disposal of the drain discharge at only alternate
government land as proposed by State (R&B), located at
80m away from NH on RHS at Km 42.670 (having total
length of 840m) under contingency head of sanctioned
work subject to the condition that Engineer-in-Chief
(R&B). NH, Hyderabad has to ensure the technical
requirements of alternate proposal for complete
redressal of the problem or otherwise any infructuous
expenditure arising on account of this, will be recovered
WP_37357_2021
SN,J
from agency charges payable to State(R&B), NH,
Telangana.
6. Further, no revision of estimates due to rate
revisions/higher tender premiums will be accepted. Any
such excess expenses shall be borne by State(R&B), NH,
itself."
6. Taking into consideration the contents of the letter
dated 27.02.2018 in particular paras 2 and 5 referred to
there under and extracted above and duly considering
that the concerned gram panchayat had given their
consent for disposal of drain water at the said location
and in principal approval has also been granted for
disposal of drain discharge under contingency head of
sanctioned work and further that it is the obligation of
NH Authority for proper disposal of drain discharge, this
Court opines that the plea of the Respondent No.3 at
para 6 of the counter affidavit, that the National
Highway drainage is only meant for discharge of excess
rain water and storm water not for sewage water is
untenable and hence rejected.
WP_37357_2021
SN,J
7. A bare perusal of the counter affidavit filed on
behalf of Respondent No.3 also indicate at para 7 that it
is admitted that Respondent No.3 had laid canal to drain
the rain water and the said Project Highway passes
through a built up area and a lined drain was
constructed to drain off road surface water along the
built up area Kadthal. A bare perusal of the counter
affidavit filed by the 3rd Respondent indicates at para 7
that the stretch from KM 23/0 to KM 108/800
(Hyderabad - Dinndi) of NH 765 falls in the jurisdiction
of NHAI PD, Hyderabad.
8. Taking into consideration the aforesaid facts and
circumstances of the case and duly considering the
contents of the Proceedings dated 27.02.2018 of the
Regional Officer, Government of India, addressed to the
Engineer-In-Chief, R & B, NH, CRF & Building,
Telangana, Erram Manzil, Hyderabad, which refers to
upgradation of NH-765 from Kms. 23.00 to Km 108.800
(Hyderabad - Dinndi) in the State of Telangana through
EPC basis and further refers to discharge of untreated
sewage at Minor Bridge at KM - 43 + 417 in particular
WP_37357_2021
SN,J
at paras 2, 4 and 5 of the said proceedings dated
27.02.2018 and further duly considering the contents of
the letter dated 04.10.2023 of the Deputy Executive
Engineer (R & B) National Highways Sub Division,
Kalwakurthy, addressed to the Petitioner herein
(referred to and extracted above) which clearly
indicates that the stretch from KM 23/0 to KM 108/800
(Hyderabad - Dinndi) of NH-765 falls in the jurisdiction
of NHAI PD, Hyderabad and further that the
disconnection of the illegal drain connections has to be
done by NHAI with the co-ordination of the local body
would stop murky water into drain and the contents of
the counter affidavit filed by Respondent Nos.2 & 4 that
NHAI constructed the drain in Khadthal Village and
since it is even admitted in the letter dated 27.02.2018
that it is the obligation of the NH Authority for proper
disposal of drain discharge, this Court opines that
Respondent Nos.2, 3, 4 and 5 herein have the bounden
duty to examine the representations of the Petitioner
dated 10.02.2016, 04.06.2021, 18.06.2021, 29.11.2021,
which had been acknowledged by the Respondents and
WP_37357_2021
SN,J
initiate appropriate action in accordance to law duly
considering their own proceedings dated 27.02.2018
and the proceedings dated 04.10.2023 within a period
of 2 weeks from the date of receipt of the copy of the
order by giving due notice to the Petitioner and in
conformity with principles of natural justice.
9. Accordingly, the writ petition is disposed of.
However, there shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
__________________
SUREPALLI NANDA, J
Date: 18.03.2024
Note : L.R. Copy to be marked.
B/o.Yvkr
