This PIL Petition 346 of 2015 sought a writ of mandamus declaring the non-construction of Gundalaru Tank illegal. The Court accepted an undertaking from the Chief Engineer to complete the project by 30.06.2018 and disposed of the petition.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
HON’BLE SRI JUSTICE P. NAVEEN RAO
PIL No. 346 OF 2015
08-03-2016
Between:
Mekala Gangadhar and another
… Petitioners
And
The State of Andhra Pradesh, rep., by its Principal Secretary, Irrigation CADA Water and Resource Department, Secretariat Buildings, Hyderabad and others
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
PIL No. 346 OF 2015
PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
Heard learned counsel for the parties.
In the instant public interest litigation (PIL), the petitioners seek
the following relief:
“For the reasons stated in the accompanying affidavit, the Petitioner herein humbly prays that this Hon’ble Court may be pleased to issue a writ, orders or directions, preferably in the nature of writ of Mandamus, declaring the action, deeds and things of the Respondents in not constructing Gundalaru Tank near Indhiranagar H/o Balireddypalli village of Obulavaripalli Mandal, Y.S.R. Kadapa District is illegal, arbitrary, violative of principles of Natural Justice and against the rights guaranteed by the Constitution of India and may pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of case.”
In response to the queries made by the Court, the
Sri SK.MD. Sabjan, son of SK. Khader Basha, the Chief Engineer, Minor Irrigation, Erramanjil has filed undertaking dated
03-03-2016, which reads thus:
“With reference to the above Public Interest Litigation P I L No.346 of 2015, as per the directions of this Hon’ble court, I hereby under take to state that to clear the land acquisition to an extent of 6 Acres of land for the work of “Formation of New Tank across Gundaleru near Indiranagar (V), H/o. Balireddypalli (V) of Obulavaripalli (M), Y.S.R Kadapa District”, will take a minimum period of 6 months and after clearance of land acquisition, the tender process will take at least 2 months i.e., by the end of December/2016 and the
agency may be fixed to execute the work. Hence, the possibility of execution and commencement of work will be taken up during January, 2017 with a completion period of 18 months.
I hereby undertake to state that the above subject project work may be completed in all respects by 30.06.2018.”
The undertaking given by the Chief Engineer on behalf of the department is accepted. We direct the concerned department and the succeeding Chief Engineers to see that the undertaking given to the Court is scrupulously followed and complied with, within the time frame, as stated in the undertaking. It is needless to mention that SK.MD. Sabjan at the time of his retirement or transfer, as the case may be, shall bring this order to the notice of his successor.
In view thereof, learned counsel for the petitioner prays for disposal of the PIL.
PIL is disposed of in terms of this order. Miscellaneous petitions, if any, also stand disposed of.
_________________________ DILIP B. BHOSALE, ACJ
________________________ P. NAVEEN RAO, J 08-03-2016 ks
1 issue framed by the court
Whether the Court should pass orders directing the State to construct a tank within a specified timeline.
Mekala Gangadhar
The State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation
DILIP B. BHOSALE
P. NAVEEN RAO
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
