In a PIL regarding canal widening at Ananthapalli to prevent agricultural damage, the Division Bench found the government had taken sufficient steps through approved improvement projects and ordered the petition closed.
PIL closed; no further orders necessary or costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PIL No. 108 of 2013
DATED: 19..07..2013
Between:
Boyapati Subba Rao & Others.
And
The Government of Andhra Pradesh, rep. by its Principal Secretary, I & CAD Deptt., Secretariat, Hyderabad & Others.
Respondents
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PIL No. 108 of 2013
ORDER: (Per the Hon’ble Sri Justice Sri N.V. Ramana) This writ petition is filed seeking a direction to the
Respondents to widen the Errakaluva canal at the crossing of the Polavaram Canal at Ananthapalli village, Nallajarala Mandal, West Godavari district to prevent causing damage to the village as well as the agricultural lands in the said village and consequently not to finalise the bills to the 9th Respondent without proper fulfilling the obligations and terms and conditions of the contract and without taking into consideration the objections from the public and farmers and to rectify the problems.
2. The Respondents filed their counter and an additional counter-affidavit. The relevant paragraphs of the additional counter-affidavit filed by the 1st Respondent/Principal Secretary to Government reads as under:
10. Accordingly site survey was conducted and Hydraulic Particulars are prepared for a carrying capacity of 20,250 C/s in this reach. There is a notified ayacut of 10,519 Acres in between Ananthapalli Bridge to Nandamuru Aqueduct.
11. The total length of Yerrakalva for improvements proposed is divided into five sub-packages/5 parts including improvements, repairs and reconstruction of structures in the reaches. 12. The Yerrakalva improvement from Ananthapalli Birdge to Nandamuru Aqueduct is also taken up simultaneously to improve the carrying capacity to 20,250 Cusecs and the works (5 Nos.) are in progress, as the Government has accorded Administrative approval for improvements of Yerrakalva vide G.O.Ms.No.258, dt. 29.11.2007. The work is divided into five reaches and the contracts of above five works were entrusted to the contract agencies under EPC System. They have completed the site survey work and LP Schedule are prepared for acquisition of 855 acres which is under process. It is programmed to be completed by 3/2016.
13. Reach from Nandamuru Aqueduct to confluence to Upputeru: The Government has also accorded Administrative approval to improve the Yenamadurru Drain to 23,000 Cusecs with a cost of Rs.80.48 crores vide G.O.Rt.No.186, I & CAD (Major.VII) Dept., dt. 11.4.2011 and the works (3 Nos.) are simultaneously in progress. It is programmed to be completed by 8/2014.
14. It is respectfully submitted that every effort is being made to complete all the above works as per programme to get relief as proposed.
15. If the flood discharge realized is more than 20,250 Cusecs, not only villagers of Ananthapalli, all the villagers on upstream of Nandamuru Aqueduct will also be affected as in past. However, due to above improvements together with the construction of Jalleru Reservoir of about 8 TMC under Chintalapudi Lift Airrigation Scheme which is under execution the inflows into the Yerrakalva will reduce and consequently the magnitude of floods in Yerrakalva will get reduced, thus, providing relief to Anantapalli. This work is programmed to be completed by about 2016. …”
3. In view of the above, we are satisfied that the Respondent/Government has taken sufficient steps in this matter and no further orders are necessary to be passed in this matter. 4. Accordingly, the PIL is closed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
N.V. RAMANA, J
______________________ VILAS V. AFZULPURKAR,J
Dt. 19..07..2013 Kv
THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PIL No. 108 of 2013
(ORDER of the Division Bench delivered by the Hon’ble Sri Justice Sri N.V. Ramana)
19..07..2013 Kv
1 issue framed by the court
Whether the government has taken sufficient steps to widen the canal and address flood damage concerns without further court intervention.
Boyapati Subba Rao & Others
The Government of Andhra Pradesh
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
