D. Prakash Reddy, senior counsel appearing for the petitioners, referred to various provisions of the CRDA Act which are covered by ‘repugnancy’ factor. The concept of land pooling and the government resorting to development are constitutional, he said. The bench felt that this needs serious study and important issues have been raised. The petitioners counsel requested for interim orders. The Bench commented that ‘balance of convenience’ is not in favour of interim orders. The Bench reminded that if the petition fails the cost escalation may not be compensated but if the petitioners succeed, the status can be restored.
The Bench directed the government to file counter affidavit by June first week and the petitioners are permitted to file reply if any, within a week. The case will be listed in second week of June after summer vacation.
Dealing with another PIL, the same Division Bench of Justice Kalyan Jyothisen Gupta and Justice P.V.Sanjay Kumar on Monday took serious note on the diversion of water bodies for other purposes like constructions and dumping yards in Nellore and Krishna districts and stayed further vandalisation of lakes.
The Bench was dealing with a public interest litigation filed by Varalakshmi and others complaining that part of the tank in Kalidindi village of Krishna district is being converted into dumping yard. They informed the court that the Goagavandalcheruvu is spread over four acres and panchayat converted one acre into a dumping yard. The Bench directed authorities to stop the dumping of debris and also remove the encroachments and to take further steps to protect the tank.
B. Harikrishna filed writ petition complaining that Silparamam is sought to be constructed in Lingalacheruvu of Nellore. He said that this tank popularly known as Buja Buja Nellore pond is a water body and it cannot be used for any other purpose. The bench stalled construction in this tank area also. The district authorities in both the cases were directed to file counter affidavits.
