1
BEFORE THE NATIONAL GREEN TRIBUNAL (SZ) CHENNAI
MEMORANDUM OF APPLICATION
(Under Section 18(1) read with Sections 14, 15 of National Green
Tribunal Act 2010)
Application No………of 2023
Between:
Vijayindranath Chayanam
S/o C.Ravindranath
Age 42 yrs, Occ: Advocate,
R/o 12-11-28, Maruthi Nelayam,
Seethaphalmandi,
Secunderabad – 500061
Email : krish.legallex@gmail.com
Mob No: 6303435328
…Party in Person/Applicant
AND
1. The State of Telangana
Rep by its Chief Secretary,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452620, 23455340, EXT-2562
Email ID : cs@telangana.gov.in & others
… Respondents
Index
S.No Particulars Pg No
1. Chronological Events 2
2. Original Application 4
3. Annexure 1 – PDF of Mokila Layouts 15-47
4. Annexure 2 – Map showing Mokila Village 48
5. Annexure 3 – Photo of Mokila Village. 49
6. Annexure 4 – Scrapped GO 111 50
7. MEMORANDUM OF APPLICATION 14
Hyderabad
Date : 29-08-2023 Counsel for the Applicant
2
BEFORE THE NATIONAL GREEN TRIBUNAL (SZ) CHENNAI
MEMORANDUM OF APPLICATION
(Under Section 18(1) read with Sections 14, 15 of National Green
Tribunal Act 2010)
Application No………of 2023
Between:
Vijayindranath Chayanam
S/o C.Ravindranath
Age 42 yrs, Occ: Advocate,
R/o 12-11-28, Maruthi Nelayam,
Seethaphalmandi,
Secunderabad – 500061
Email : krish.legallex@gmail.com
Mob No: 6303435328
…Party in Person/Applicant
AND
1. The State of Telangana
Rep by its Chief Secretary,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452620, 23455340, EXT-2562
Email ID : cs@telangana.gov.in & others
… Respondents
Chronological Events
S.no Date of Chronological events Page No Para No
Document
1. 06.07.2023 The Petitioner submits that 9 1
the present Public Interest
Litigation is filed aggrieved
by the action of the
Metropolitan
Commissioner Hyderabad
Metropolitan Development
Authority decision to grant
layout permission to an
extent of 167 Acres 37
Guntas Land in Residential
use zone are against the
erstwhile Andhra Pradesh
government GO 111 in
1996 restricting major
constructions and
industrial activity in a 10-
km radius of the full tank
level of the two reservoirs
— Himayatsagar and
Osmansagar and are
against the rules
3
mentioned in Environment
Protection Act 1986, Indian
Forest Act 1927, The Air
(Prevention and controller
of pollution) act 1981, The
Water (Prevention and
controller of pollution) act
1974, The Biological
Diveristy Act 2002.
2. 08-04-2022 While releasing GO 69 in 9 2
April 2022, lifting GO 111
restrictions, the state
government formed a
committee headed by chief
secretary to frame
guidelines and detailed
regulations to protect the
lakes from pollution. The
committee had MAUD
special chief secretary,
finance special chief
secretary, irrigation special
chief secretary, HMWSSB
managing director, TSPCB
member secretary and
HMDA director as
members. It is learnt that
the committee has
submitted its report
framing guidelines to
protect the lakes based on
which the cabinet took a
decision to lift GO 111
restrictions totally
3. 6th respondent was 10 5
established for the purpose
to formulate, promote,
finance, aid, assist,
establish, manage and
control schemes, projects
or programs, to provide
and develop facilities of
communications, power,
water drainage, housing,
hospitals and other
medical and health and
educational institutions
and other services of any
description in order to
4
promote and assist the
rapid and orderly
establishment, growth and
development of industries
and commerce in the State
of Telangana.
4. I respectfully submit that 10 6
the major irregularity and
the conspiracy between the
6th respondents can be
seen in the manner in
which the land was allotted
to the bidding. The
respondents issued
notification and auctioned
most of the plots by way of
inviting the bids from
qualified purchasers but
surprisingly without any
approach of Tar Road from
the city and without calling
for the bids or without
issuing any notification. as
sale consideration with a
condition that as an it
shall be sole responsibility
of bidders intends to
purchase the said property
to get statutory approvals
from the concerned
departments for House,
roads, electricity, water the
said action is highly illegal
and I have reliably learnt
that as on today also the
4rd respondent have not
allotted the above said land
and a perusal of the above
said transaction it is clear
that the 6th respondents
colluded each other and
are causing huge loss to
the Public Exchequer.
Hyderabad
Date 29-08-2023 Counsel for the Applicant
5
FORM-I
BEFORE THE NATIONAL GREEN TRIBUNAL (SZ) CHENNAI
MEMORANDUM OF APPLICATION
(Under Section 18(1) read with Sections 14, 15 of National Green
Tribunal Act 2010)
Application No………of 2023
Between:
Vijayindranath Chayanam
S/o C.Ravindranath
Age 42 yrs, Occ: Advocate,
R/o 12-11-28, Maruthi Nelayam,
Seethaphalmandi,
Secunderabad – 500061
Email : krish.legallex@gmail.com
Mob No: 6303435328
…Party in Person/Applicant
AND
1. The State of Telangana
Rep by its Chief Secretary,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452620, 23455340, EXT-2562
Email ID : cs@telangana.gov.in
2. The State of Telangana,
Rep by its Principal Secretary,
Environment & Forests,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23453111
Email ID : prlsecy_efst@telangana.gov.in
3. The State of Telangana
Rep by its Secretary,
Centre for Economic and Social Studies (CESS)
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452746
Email ID : prlsecy-plg@telangana.gov.in
4. The State of Telangana
Rep by its Secretary,
Municipal Administration and Water Supply Department
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23454965
Email ID : prlsecy_maud@telangana.gov.in
6
5. Lake Protection Committee
Rep. by its Member Convenor: Member Environment,
Buddha Poornima Project,
Tank Bund Road, Hyderabad,
Telangana State.
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
6. Metropolitan Commissioner HMDA, & Chairman,
Hyderabad Metropolitan Development Authority
Metropolitan Development Authority Swarna Jayanti Complex,
Sanjeeva Reddy Nagar Rd, Srinivasa Nagar, Ameerpet, Hyderabad,
Telangana 500082
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
7. Director/Urban Forestry HMDA, & Convener,
Lake Protection Committee,
Buddha Purnima Building,
# 6-1-2/1, Tank Bund Road,
HussainSagar,
Hyderabad- 500063
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
8. The District Collector,
District Collectorate, Ranga Reddy,
Telangana State.
6-2-10, Lakdikapul Rd, Lakdikapul,
Hyderabad, Telangana 500004
collector_rr@telangana.gov.in
Ph.no: 040-23235642, 23234774
9. The Union of India
Rep by its Secretary,
Ministry of Environment and Forests,
Indira Paryavaran Bhawan,
Jor Bagh Road,New Delhi,110003
Ph No : +91 11 24695132 ,24695136
Email ID : mefcc@gov.in
bhupender.yadav@sansad.nic.in
… Respondents
7
TO,
THE HON’BLE CHAIRMAN AND HIS COMPANION MEMBER OF THE
NATIONAL GREEN TRIBUNAL.
HUMBLE APPLICATION SUBMITTED BY THE APPLICANT ABOVE
NAMED
The Applicant is filing in capacity of party in person Sri. Chayanam
Vijayindranath S/o Chayanam Ravindranath, residing at 12-11-28,
Maruthi Nelayam, Seethaphalmandi, Secundrabad 500061 and is a
citizen of India. The applicant is interested in the protection of the
environment and in protection of the right to a clean environment
guaranteed to him by the Constitution of India under Article 21 and in
performance of his duty under Article 51. It is submitted that the present
application has been seeking appropriate directions to cancel notification
issued by the government of Telangana city of Rangareddy for 167.37
Guntas of land as Residential use zone for the interested individuals/
agencies for construction of their own house / Buildings / Apartment
without following rules are against the erstwhile Andhra Pradesh
government GO 111 in 1996 restricting major constructions and
industrial activity in a 10-km radius of the full tank level of the two
reservoirs — Himayatsagar and Osmansagar and against the rules
mentioned in Environment Protection Act 1986, Indian Forest Act 1927,
The Air (Prevention and controller of pollution) act 1981, The Water
(Prevention and controller of pollution) act 1974, The Biological Diveristy
Act 2002. And as per the FTL guidelines issued by Hon’ble NGT Delhi,
and it should serve as a water storage unit and other guidelines which
HMDA has totally ignored.
The addresses for service on the appellant/party in person is that
of Counsel:
M/S. CHAYANAM VIJAYINDRANATH
ADVOCATE PARTY IN PERSON
R/O 12-11-28, Seethphalmandi
Secundrabad 500061
E-Mail: krish.legallex@gmail.com
Cont No 6303435328
The Respondents are
1. The State of Telangana
Rep by its Chief Secretary,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452620, 23455340, EXT-2562
Email ID : cs@telangana.gov.in
2. The State of Telangana,
Rep by its Principal Secretary,
8
Environment & Forests,
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23453111
Email ID : prlsecy_efst@telangana.gov.in
3. The State of Telangana
Rep by its Secretary,
Centre for Economic and Social Studies (CESS)
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23452746
Email ID : prlsecy-plg@telangana.gov.in
4. The State of Telangana
Rep by its Secretary,
Municipal Administration and Water Supply Department
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
Ph No : 040-23454965
Email ID : prlsecy_maud@telangana.gov.in
5. Lake Protection Committee
Rep. by its Member Convenor: Member Environment,
Buddha Poornima Project,
Tank Bund Road, Hyderabad,
Telangana State. 500063
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
6. Metropolitan Commissioner HMDA, & Chairman,
Hyderabad Metropolitan Development Authority
Metropolitan Development Authority Swarna Jayanti Complex,
Sanjeeva Reddy Nagar Rd, Srinivasa Nagar, Ameerpet, Hyderabad,
Telangana 500082
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
7. Director/Urban Forestry HMDA, & Convener,
Lake Protection Committee,
Buddha Purnima Building,
# 6-1-2/1, Tank Bund Road,
HussainSagar,
Hyderabad- 500063
Ph No : 040-27003313
Email ID : me@hmda.gov.in
director_lpc@hmda.gov.in
8. The District Collector,
District Collectorate, Ranga Reddy,
Telangana State.
9
6-2-10, Lakdikapul Rd, Lakdikapul,
Hyderabad, Telangana 500004
collector_rr@telangana.gov.in
Ph.no: 040-23235642, 23234774
9. The Union of India
Rep by its Secretary,
Ministry of Environment and Forests,
Indira Paryavaran Bhawan,
Jor Bagh Road,New Delhi,110003
Ph No : +91 11 24695132 ,24695136
Email ID : mefcc@gov.in
bhupender.yadav@sansad.nic.in
The address for service on the respondent is as stated above.
FACTS IN BRIEF
1. The Petitioner submits that the present Public Interest Litigation is
filed aggrieved by the action of the Metropolitan Commissioner
Hyderabad Metropolitan Development Authority decision to grant
layout permission to an extent of 167 Acres 37 Guntas Land in
Residential use zone are against the erstwhile Andhra Pradesh
government GO 111 in 1996 restricting major constructions and
industrial activity in a 10-km radius of the full tank level of the two
reservoirs — Himayatsagar and Osmansagar and are against the
rules mentioned in Environment Protection Act 1986, Indian Forest
Act 1927, The Air (Prevention and controller of pollution) act 1981,
The Water (Prevention and controller of pollution) act 1974, The
Biological Diveristy Act 2002.
2. While releasing GO 69 in April 2022, lifting GO 111 restrictions,
the state government formed a committee headed by chief secretary
to frame guidelines and detailed regulations to protect the lakes
from pollution. The committee had MAUD special chief secretary,
finance special chief secretary, irrigation special chief secretary,
HMWSSB managing director, TSPCB member secretary and HMDA
director as members. It is learnt that the committee has submitted
its report framing guidelines to protect the lakes based on which
the cabinet took a decision to lift GO 111 restrictions totally.
3. Even Before the committee was formed HMDA has been giving
persmission to construct residential and commercial buildings over
public land which are under the Forest and Major water reservoir
Osman Sagar and Himayat Sagar on the pretext of development
activities, the Government has been encroaching on public land
which is nothing but forest has very beautiful environment with
10
varity of Birds and Animals by totally neglecting Environment
Protection Act 1986, Indian Forest Act 1927, The Air (Prevention
and controller of pollution) act 1981, The Water (Prevention and
controller of pollution) act 1974, The Biological Diversity Act 2002.
By allotting a total Village including water reservoirs for building
residential and commercial Buildings.
4. The Petitioner submits that the present Public Interest Litigation is
filed aggrieved by the action of the 6th respondent in allotting the
land in contrary to the spirit of rules GO 111 in 1996 restricting
major constructions and industrial activity in a 10-km radius of the
full tank level of the two reservoirs — Himayatsagar and
Osmansagar and are against the rules mentioned in Environment
Protection Act 1986, Indian Forest Act 1927, The Air (Prevention
and controller of pollution) act 1981, The Water (Prevention and
controller of pollution) act 1974, The Biological Diversity Act 2002.
5. I respectfully submit that the 6th respondent was established for
the purpose to formulate, promote, finance, aid, assist, establish,
manage and control schemes, projects or programs, to provide and
develop facilities of communications, power, water drainage,
housing, hospitals and other medical and health and educational
institutions and other services of any description in order to
promote and assist the rapid and orderly establishment, growth
and development of industries and commerce in the State of
Telangana.
6. I respectfully submit that the major irregularity and the conspiracy
between the 6th respondents can be seen in the manner in which
the land was allotted to the bidding. The respondents issued
notification and auctioned most of the plots by way of inviting the
bids from qualified purchasers but surprisingly without any
approach of Tar Road from the city and without calling for the bids
or without issuing any notification. as sale consideration with a
condition that as an it shall be sole responsibility of bidders
intends to purchase the said property to get statutory approvals
from the concerned departments for House, roads, electricity, water
the said action is highly illegal and I have reliably learnt that as on
today also the 6th respondent have not allotted the above said land
and a perusal of the above said transaction it is clear that the 6th
11
respondents colluded other statutory boards and are causing huge
loss to the Public Exchequer.
“point no 16 - General Terms and Conditions clause (v) it shall
be responsibility of the successful local bidder / allottee to obtain
necessary permissions for approval of building permission, sub-
division of plot from the appropriate local authority as required
under the law and payment of fees as may be required under
various laws. The permissions will be considered only as per rules,
regulations, provisions under Telangana Urban Areas
(Development) Act 1975 and the Government orders as applicable
from time to time and no relaxations whatsoever is permissible or
allowed. It shall be responsibility of the bidder / allottee to have
service connection secured from the respective organisations like
TRANSCO, HMWS & SB for electricity, water supply and drainage
at his / her / their own cost. HMDA will not take any responsibility
in this regards.”
“point no 16 clause (vi) The Hyderabad Metropolitan Development
Authority will not take any responsibility for delay in release of
connections of department like Hyderabad Metro water supply and
sewerage Board, Electricity Department, Telecom Department etc.”
7. Source of Information: The information furnished by the
petitioner in the petition has been gathered from bidders and media
and through known persons and therefore I believe it to be true.
8. Nature and extent of injury caused/apprehended: If the
respondents not recover the loss from the 6th respondent the same
would cause great hardship to the families of successful bidders
and also more than 5000 cores loss to the public exchequer and
destruction of natural habitate.
GROUNDS
A. The respondent authorities have a duty under law to restore the
natural habitate as well as water reservoir Osman Sagar and
Himayat Sagar under Environment Protection Act 1986, Indian
Forest Act 1927, The Air (Prevention and controller of pollution) act
1981, The Water (Prevention and controller of pollution) act 1974,
The Biological Diversity Act 2002 natural state and maintain the
Air, water and Biological environment free from contamination.
B. The failure of the respondents to perform their duties has
resulted in the present situation and in violation of all Environment
Protection Act 1986, Indian Forest Act 1927, The Air (Prevention
12
and controller of pollution) act 1981, The Water (Prevention and
controller of pollution) act 1974, The Biological Diversity Act 2002.
C. The respondents ought to have seen erstwhile Andhra Pradesh
government GO 111 in 1996 restricting major constructions and
industrial activity in a 10-km radius of the full tank level of the two
reservoirs — Himayatsagar and Osmansagar.
D. E. The respondents ought to have taken steps to prevent the two
reservoirs — Himayatsagar and Osmansagar from becoming
stinking cesspools.
F. The respondents proceedings for Residential use zone for the
interested individuals/ agencies for construction of their own house
/ Buildings / Apartment. MOKILA LAYOUT - THE HUB OF LIFE @
WEST CITY (HMDA)z` in the water reservoir and is totally against
the guidelines of NGT orders.
G. The failure of the respondents is violative of Article 21, 51, 14
and all environmental laws and is a health issue for millions of
people.
LIMITATION: The Applicant declares that as per the National
Green Tribunal Act 2010 this application is well within the
prescribed time.
INTERIM RELIEF: Pending disposal of the application, the
applicants
pray that this Hon’ble Tribunal be pleased to DIRECT THE
RESPONDENTS TO FORTHWITH
A. furnish details of all plans, proposals and projects launched
near layout permission to an extent of 167 Acres 37 Guntas Land
in Residential use zone for the interested individuals/ agencies for
construction of their own house / Buildings / Apartment. MOKILA
LAYOUT - THE HUB OF LIFE @ WEST CITY (HMDA) submit a
report to this Hon’ble Tribunal.
B. Refrain from concerned authorities not to provide any
construction activities or permitting any residential constructions.
C. Conduct a survey of the entire length of the extent of 167 Acres
37 Guntas Land in Residential use zone for the interested
individuals/ agencies for construction of their own house /
Buildings / Apartment. MOKILA LAYOUT - THE HUB OF LIFE @
WEST CITY (HMDA) and submit a report and such further order or
orders as may be fit proper and necessary in the facts and
circumstances of the case.
PRAYER
For the reasons stated above, it is humbly prayed that this Hon’ble
Tribunal may be pleased to:
13
A. Direct the respondent authorities to maintain Environment
Protection, Forest protect two water reservoir and Biological
Diversity in Mokila Village by the Collector RR dist.
B. Direct the respondent authorities not to give permission for
construction of any type of residential or Industrial activities.
C. Direct the respondent authorities take all steps to ensure that
the two water reservoirs Himayatsagar and Osmansagar is restored
and the flow of freshwater is maintained.
D. And pass such further order or orders as may be fit proper and
necessary in the facts and circumstances of the case and thus
render justice.
Signature of Applicants
SIGNATURE OF THE APPLICANT’S COUNSEL
VERIFICATION
I, Sri. Chayanam Vijayindranath S/o Chayanam Ravindranath, the
applicant herein, do hereby verify that the contents of the above
paragraphs are true to the best of my Knowledge and grounds are based
on legal advice and that I have not suppressed any material fact.
Date : 29/08/2023
Place : Hyderabad APPLICANT
14
MEMORANDUM OF APPLICATION
(Under Section 18(1) read with Sections 14, 15 of National Green
Tribunal Act 2010)
Application No………of 2023 (SZ)
Between:
Vijayindranath Chayanam
S/o C.Ravindranath
Age 42 yrs, Occ: Advocate,
R/o 12-11-28, Maruthi Nelayam,
Seethaphalmandi,
Secunderabad – 500061
Email : krish.legallex@gmail.com
Mob No: 6303435328
…Party in Person/Applicant
AND
1. The State of Telangana
Rep by its Chief Secretary
6th Floor, Burgula Rama Krishna Rao Bhavan,
NH 44, Hill Fort, AdarshNagar,
Hyderabad, Telangana 500063
And others
...Respondents
Volume – I
PAPER BOOK I
S.No DESCRIPTION Pg No
1. Chronological Events 1
2. Original Application 4
3. Annexure 1 – PDF of Mokila Layouts 15-47
4. Annexure 2 – Map showing Mokila Village 48
5. Annexure 3 – Photo of Mokila Village. 49
6. Annexure 4 – Scrapped GO 111 50
7. MEMORANDUM OF APPLICATION 14
VIJAYINDRANATH CHAYANAM
COUNSEL PARTY IN PERSON
Rs/o 12-11-28, Maruthi Nelayam, Seethaphalmandi
Secundranad 500061
Mob no 6303435328 krish.legallex@gmail.com
