Bulk Drug Industries-Violation of Restrictions

Ban on Water Polluting Industries

 

 The AP Pollution Control Board (APPCB), considering the pollution problems, the local issues, need to protect the Drinking Water Sources and Water for Agriculture, issued Notification of 14-10-1996, restricting the establishment /expansion of water polluting Industries in four Districts.

 

 This notification is applicable to all Bulk Drugs, Pesticides (Tech), Dyes & Dye Intermediate manufacturing Industries and all types of Water Polluting industries, in all Industrial Estates and Industrial Development Areas and within one KM radius of Industrial areas, in Medak, Ranga Reddy, Mahaboobnagar and Nallagonda districts for two years from 01-01-97.

 

Subsequently, the AP Govt. issued G.O.Ms.No 62 of 28-04-1999 making the ban notification of 14.10.1996, issued by the APPCB permanent, in accordance with the Hon'ble Supreme Court interim orders dated. 12.05.1998 in W.P.N0.1056/90,

 

Violation of Ban Order

 

 But unfortunately the APPCB seemed to have remained a helpless onlooker, while th the Bulk Drug industries of international repute   violated the ban order, particularly around Hyderabad in Medak and R.R. Districts  during the last one and half decades

                                        

 It is reported that many of the Bulk Drug Industries around Hyderabad are producing the Bulk Drugs far in excess of Types,/ Numbers and Quantities permitted  by APPCB prior to 01-01-1997 the effective date of the Ban., Some of them are also reported to have outsourced the production of Bulk Drug Intermediates , which do not seem to require Environmental Clearance of MOEF, GOI 

 

Non Compliance – High-Profit Business

 

 The non-compliance of Pollution Control Rules & Regulations, particularly for the Bulk Drug Units, has become a high-profit business, because of laxity/collusion on the part of the regulating agencies and the political interference. As a result, the Indian Bulk Drug products have become very competitive in the international markets, as the costs of treating the pollutants are avoided through externalizing pollution by passing it on to the society.

 

Seriousness of Pollution Problem

 

The seriousness of the pollution problem from the bulk drug industries at Pattancheru near Hyderabad was highlighted in 2007, by  an environmental scientist of Sweden ,when  he found at PETL the discharge load of Ciprofloxacin, corresponding to approx 45 kg of active ingredient per day. It is likely to raise antibiotic bacterial resistance in the world, making it a Global Concern.   

 

 In addition to Ciprofloxacin, the supposedly treated effluents of PETL had 21 different active pharmaceutical ingredients, used in generics for treatment of hypertension, heart disease, chronic liver ailments, depression, gonorrhea, ulcers and other ailments. It was reported that half of the drugs detected were at the highest levels of pharmaceuticals ever detected in the environment.

 

 In economical terms, if the equivalent amount of the 11 most abundant active substances released by PETL during 24 hrs were to be purchased as final products in a Swedish pharmacy, they would cost over 100,000 British Pounds.

 

The complaints by the local communities regarding the discharge of untreated and undertreated effluents from PETL and JETL into local water bodies had been cleverly overcome by transferring the so called treated effluents of these CETPS through pipelines into municipal sewers. They ultimately find their way through Amberpet STP into Musi River which is already heavily polluted

 

What is the Way Out?

 

The present production capacities of the Bulk Drug units of about half a dozen Pharmaceutical Companies of international repute in Medak, Ranga Reddy , Nallagonda and Mahaboobnagar districts need to be verified with capacities approved as on 01-01-1997,the effective date of Ban, restring the expansion / establishment  of new capacities

 

 The thorough scrutiny of data regarding purchase / consumption of the input Raw Materials & Solvents, the use of utilities Water, Fuel,& Power, the  payments of Water Cess,& Central Excise Duty and  the Exports & Sales in respect of these units over the last 15 years, would reveal the hard facts and the culprits, if the authorities concerned mean business without fear or favour ?

 

US FDA

 

The Current Good Manufacturing Practice (cGMP) Regulations enforced by the US Food and Drug Administration (FDA). provide for systems that assure proper design, monitoring, and control of manufacturing processes and facilities

If a bulk-drug company is not complying with cGMP regulations, any drug it makes is considered "adulterated" under the law.  This kind of adulteration means that the drug was not manufactured under conditions that comply with cGMP.  It does not mean that there is necessarily something wrong with the drug.

 Even if the drugs are not defective, FDA can bring a seizure or injunction case in court to address cGMP violations.   When FDA brings an injunction case, FDA asks the court to order a company to stop violating cGMPs.  Both seizure and injunction cases often lead to court orders that require companies to take many steps to correct cGMP violations. The FDA can also bring criminal cases because of cGMP violations, seeking fines and jail time.

 Is the US, FDA not aware of cGMP violations. by these select Indian Bulk Drug manufacturing Companies, the largest suppliers of Bulk Drugs to USA ?

Conclusion

These Bulk Drug Industries contaminating the Air, the Water and the Soil, in violation of Rules and Regulations, are committing Environmental Crimes that often damage the community more seriously than the Criminal Offence of the conventional kind..

 

The Bulk Drug Industries, setting aside their "Corporate Social Responsibility" are willing to take the risk to the bitter end, until it is no longer possible to conceal & fool around and it economically hurts. Therefore, the facts of the Crime have to be revealed, the wounds inflicted have to be shown, and the culprits have to be named and penalized, so that it hurts them economically and socially.

 

 If they cannot be disciplined even then, they will have to be penalized like the hard core criminals Can we expect this to happen in our present system of Governance?

 

Hyderabad Metro Rail Project - Necessary Evil?

The Urban Public Transport is a critical component of urban infrastructure and the lifeline of the city, which needs to be developed well ahead of the development of the Planned City. But unfortunately, the planners of Hyderabad and the State Administration had been debating about LRTS, MMTS, MRTS, BRTS etc, while the city population exploded and the concrete jungle emerged in the name of development over the last two decades or so. The present Hyderabad City Traffic problem is nothing but the making of the State Administration, due to its monumental failure.

Road Widening & Flyovers No Answer

Instead of giving priority for energy efficient public transport system, the administration concentrated on widening roads without footpaths, building flyovers etc making room for additional motor vehicles on already choked roads. This made things worse, by adding to the alarming levels of air and noise pollution increase, the road fatalities, travel delays and loss of productivity. It is like trying to cure obesity by loosening the belt.

Viable Alternatives

The important factors to be considered are a) altering society's total use of transportation  b) altering the volume of transportation services produced by each unit of fuel utilized  c) altering the carbon content of fuel used.

 

 1)The cost effective and sustainable solution to Hyderabad Traffic problems, is the adoption of "Avoidance Mode" (suppression of demand), instead of continuing with the Supply Mode only as at present - namely widening  Roads, building  Flyovers etc..This can be achieved by planning new townships which are self supporting and by rearranging/decentralizing the facilities in the core city, to minimize intra-city commuting as much as possible and alter the traffic pattern altogether in the next 10 years..

2)The other solution is energy efficient (Rail based) Public Transport System,  less capital intensive, affordable, safe, fast, reliable and should blend with the character and heritage of the Hyderabad City without defacing them and becoming an eye-sore. The proposed MRTS does not satisfy all the above and may become a necessary evil.

3)The viable, quick and least expensive alternative appears to be to make use of the exiting MMTS, suitably strengthening and augmenting by extending lines, laying new lines  ,setting up more stations and by laying third line from Secunderabad to Nampally and on other radial lines as required, with feeder bus routes connecting the interior areas, having a combined ticket for Rail & Bus etc. "Hyderabad Metropolitan Transport Authority" to manage MMTS network integrated with Road Transport system in the entire area covered by HMDA  

 The combination of solutions at 1 & 3 are cost effective and sustainable. However, a wider public consultation and debate are required on the subject.

 

The development/infrastructure, based on entirely Road-Transportation, making our country dependent on AUTO and OIL Lobby, of USA, is not sustainable and not suitable to Indian Economy.

______________________________________________________________________

 

Naxalism - Industrial Projects ?

 Sri.Jairam Ramesh, Hon'ble Union Minister for Rural Development is reported to have stated on 7 th August in Hyderabad that the "modern face of Naxalism was reflected in the industrial projects which flout the environmental norms" Also added that major projects such as the Vedanta, Sompeta, Posco and Bauxite Mining in Araku--all had an environmental dimension which can acquire the Naxalite overtone, unless handled effectively, favoring a completely different approach to the administration in Tribal Areas.

 

Disparity and Denial  

 

 When there is glaring disparity between the rich and the poor and the people are denied the right to their land and livelihoods and the State Administration becomes a passive on looker or still worse when it becomes an abettor, we see the rise of a sense of deprivation, hopelessness and intolerance. The desperate people can resort to desperate solutions. Intolerance also has its role. It can, in the name of ideology, fan the flames of hate and ignite a belief that terrorism is the only solution to a community's or nation's ills. As a result they may care little about themselves and the people they hurt.

 

Collusion of Administration 

 

 From the information available, it can be inferred without much of a doubt, that AP State Administration and MOEF, GOI, colluded with the project proponents of Coal based Thermal Power Projects (TPPs) at Sompeta and Bhavanapadu in Srikakulam district, for allocation of land in ecologically sensitive Wetlands and for according the Environmental Clearance, respectively. Same is the case in respect of   Bauxite Mining in Araku and Chintapalle Forests in Scheduled Areas of Visakhapatnam district and for setting up the associated Refineries and Power plants. 

 

Fight Root Causes & Forces that Create Disparity and Denial  

 

  Mr. Klaus Toepfer, the Executive Director of the UNEP said that "It is the forces of poverty, environmental degradation and hatred that give birth to the intolerance that can lead to fundamentalism and terrorist acts"

 

He also said that while fighting against terrorism, we must also expose the forces that create poverty, intolerance, hatred and environmental degradation that can lead to an unstable world.

 

Conclusion

 

 The State Administration used uncalled for and massive police force to protect the vested interests of the Project Proponents of TPPs at Sompeta and Bhavanapadu and to suppress the peaceful movement of the project affected people against the TPPs. In unprovoked Police Firings, the lives of five innocent people were lost apart from many villagers who took part in the agitation were booked in false criminal cases.

 

 Both the AP State Govt and MOEF, GOI, failed to enforce the "Rule of Law" by not taking action against the Project Proponents and the Officials concerned, in accordance with Sections 15, 17 & 19 of Environment (Protection) Act, 1986  

 

 What do we expect the denied, deprived, desperate and discriminated people to do, when there is no Rule of Law (Environmental) ?  

 

 Why no action on the Forces, that have easy access to the policy and decision makers and create poverty and environmental degradation, which are the root causes?

______________________________________________________________________

 

Stop Adding Coal Based Thermal Power Plants!

 National Power Sector Scenario

 The installed Power generating capacity has increased from 1,400 MW in 1947 to about 1,77,000 MW by 2010-11, comprising  of about 97,000 MW Coal based Thermal Power Plants(TPPs) . Yet more than 20 % of the households in the country do not have access to electricity, even for those who have access, it is of poor quality and unreliable. with estimated shortage of energy to the extent of 10% .In spite of comparatively low per capita energy consumption (600 units), the energy intensity (consumption per unit of GDP) is high compared to Japan, Europe, the US, & Asia. This indicates inefficient use of energy in India, with a substantial scope for energy savings, even at lower per capita consumption.

 

Misplaced Priorities & Capacity Additions 

 

 The Integrated Energy Policy (IEP) Document (2006) of the Expert Committee of Planning Commission of India, projected huge growth of power installed/generating capacity to 8,00,000 MW by 2031-32 (about 5 times from the present level). The Syndrome of Capacity Addition is based on sustained growth rate of 8% to 10% for the next two decades, higher per capita consumption, the power for all by 2012 etc. The access to electricity is very uneven--urban oriented at the cost of rural areas

 

The linking of energy consumption/supply with the growth rate embodied the myth that economic vitality requires steadily increasing energy consumption.  It is suicidal trying to sustain annual growth rate based on high energy intensity. The Nation's Energy Security depends on efficient use of Energy Services that maximize economic competitiveness and minimize environmental degradation / impacts.

 

Impacts of Coal Based Thermal Power Plants (TPPs)

 

The IEP emphasizes that Coal shall remain the most important energy source till 2031-32, requiring about two billion tons of coal/ annum. Accordingly the capacity of coal based power plants is projected as 4 to 6 Lakh MW by 2031-32, 4 to 6 times the present capacity

 

The diversion of forests & forest lands for Coal Mining & Power Projects, often leads to displacement of scheduled tribes & other traditional forest dwellers, depriving Forest Rights of over 200 million people, who depend on forests for their livelihood. The seriousness of the issue is highlighted by the Ministerial Committee constituted by the Prime Minister, to resolve the Coal vs Forest tussle over "No-Go" Zones.

The Parliamentary Standing Committee (PSC) on Science & Technology and Environment & Forests, in its 192 Report submitted to the Parliament, observed that the share of SPM load caused by coal based Thermal Power Plants (TPPs) is about 82% of the total Industrial Pollution.

It is also observed that the Committee is aware of the importance of energy & power as the main driving force in the process of economic development, but at the same time it feels that the country can not afford to ignore and neglect the importance of environment.  It, therefore, emphasized the need to switch over to green sources of energy, as a long term solution of energy requirements.

 In addition to the adverse impacts of SPM caused by coal based TPPs, the problems of Mercury, NoX, SO2 etc, and their impacts on marine & coastal ecology and the communities dependent on them are enormous. The other aspect is the destruction of ecologically sensitive natural resources- Mangroves, Wetlands etc- by the coast based TPPs. The storage and deposal of fly-ash generated to the extent of 30% of the Indian coal used and its adverse impacts on water bodies and ground water are other associated problems 

Power System Inefficiencies

 

The fact is, "It takes energy to make energy". In the case of coal based TPPs, the energy is Extracted from Coal and Converted (Thermal-Mechanical-Electrical) to Electrical Energy, which is Transported from TPPs to the end users for Consumption.

 

It is estimated that by using Subcritical technology boilers and the steam turbine-generator sets, the efficiency of Extraction and Conversion to Electrical energy from Coal is hardly 33% and it may go up to around 40% even by using Supercritical technology boilers.

 

Taking into account, the consumption of electricity at TPPs (auxiliary consumption) the losses in Transportation of electricity to the end users (T&D Losses) and the inefficient use of Electrical Energy by the end users, the percentage of the actual energy effectively utilized comes down drastically. At present, the overall efficiency, of extraction and conversion of Coal Energy to Electrical Energy and its transportation & the end use, may work out to be hardly 10%.

 

While about 90% of energy of the Coal is being lost, should the addition of the Coal based TPPs be continued, unmindful of their associated adverse socio-economic & ecological impacts? Should we not give a thought & priority, at least, for improving the efficiencies in transportation and the end use,  which are  more cost effective ?   

 

Viable and Cost Effective Options 

 

Some of the viable cost effective options to be considered as an alternative to the syndrome of capacity addition of Coal Based TPPs are listed below:

 

1)SSM Measures: Under the Energy Conservation Act (2001), any equipment, appliance which generates, transmits or supplies or consumes energy, are required to adhere to spe­cific energy-consumption norms that may be prescribed. But only Thermal Power Plants are included in the 9 energy intensive industrial sectors to be covered under these norms. The Power Transmission and Distribution Utilities which transmit and supply power should also be brought under these norms

The highest  priority needs to be  given  for effective implementation of Supply Side Management (SSM)  Measures to be under taken  by the Power Utilities to bring down the losses in T&D Network  from the TPP to the input end of the consumer Meter (if there is a meter).This is very cost effective when compared to capacity addition, at an estimated capital cost of Rs.5 Crores per MW plus the cost of associated T&D network, without the associated adverse impacts As per 13 th Finance Commission Report in 2010, the economic impact of the losses in T&D network is  estimated to be Rs.68,000 Crores /annum and expected to go up to Rs.1,16,000  Crores by 2014-15

2) DSM Measures: In accordance with the National Mission for Enhanced Energy Efficiency, under National Action Plan on Climate Change, the resources of BEE and the implementing agencies at the State Level  need to be augmented and strengthened  for speedy and effective implementation of Demand Side Management (DSM) Measures by the consumers, to bring down the Energy Intensity within a  given time frame by ensuring  optimum utilization of energy sources, The estimated potential of saving is around 20%. One unit saved at the consumer end is  equivalent to 2 units of installed capacity.

 

3) National Solar Mission: The allocation of more resources and high-priority need to be given for accelerating the development  of renewable Solar Power, keeping in view the objectives National Solar Mission , if required by technology tie-ups with developed countries.  

 

4) Solar Integration with the existing and new coal based Power Plants be made mandatory to a specified percentage, by making certain policy changes with regard to eligibility of Higher Tariff, Tax Concessions, CDM Benefits etc

 

5) Modernization / Up gradation of existing old coal based Thermal Power Plants by adopting cleaner IGCC  technology, with suitable incentives and by import of technology if required

 

6) Further Clearance of Coal based Thermal Power Plants be kept on hold , till the  progress on the above mentioned measures and TPPs already cleared is reviewed

 

 7) Ultra Mega Power Plants be limited at different locations to cater for Base -Load requirements in the immediate future

 

 8) Fly Ash: Drastic measures need to be taken for effective implementation of the provisions of MOEF Notification 2009, regarding Fly ash utilization

 

9) Urban (India) - Rural (Bharat) disparities, particularly with respect to availability of (Electrical) Power, be avoided. The present Rural Power problems are not entirely attributable to power shortages and they are because of urban bias and vulgar urban energy consumption / wastage.

 

Conclusion:

 

As Coal is a limited non renewable source, any technology for Coal based Thermal Power Generation cannot be considered as sustainable and will not be able to provide Energy Security. There is "Cleaner Coal Technology", but there is no "Clean Coal Technology".

 

Cautioning against the way development is being pursued in India, Prof.Elinor Ostram, Noble Laureate in Economics (2009) is reported to have said in Hyderabad "If we feel that eliminating poverty is only accomplished by building Power Plants and all the rest, rather than enabling people to develop resources in ways that are less destructive of the environment, the problem will get worse"  

______________________________________________________________________  

 

Violations of the Provisions of G.O.111 by Govt. Agencies

 The State Government of AP, realizing the significance and importance of providing safe drinking water for the progress and well being of the citizens of Hyderabad, issued G.O.Ms.No. 111 M.A dated 08-03-1996, for protecting Himayat Sagar and Osman Sagar, which are the main sources of drinking water supply to Hyderabad & Secunderabad. The salient features of the G.O. are

 

*To prohibit polluting Industries, Major Hotels, Residential Colonies or other establishments that generate pollution, in the catchment of the  
  lakes up to 10 KMs from Full Tank Level (FTL) of the lakes. - Para 3 (i )

 

*Residential developments in residential use zone may be permitted with 60% of  the total area kept as open spaces and roads in all layouts

  in the villages of prohibited catchment area- Para 3 (i) (a)

 

*The land use of about 90 % of the area is classified as recreational and conservation use in the Master Plan. The HUDA should take action

  for classification of this 90% of the area as Agriculture, which is inclusive of  horticulture and floriculture –Para 3 (i) (b)

 

*To restrict the FSI to 1: 0.5 in the catchment area. This measure will ensure that  90 % of the area remains under agriculture, as is the practice 

  now and ensure protection of the lakes- Para 3 (i) (c) 

 

 Supreme Court Judgment

 

The Supreme Court in its land-mark Judgment dated 01-12-2000 observed that having laid down the policy prohibiting certain activities within the catchment of the reservoirs, the government could not pass orders of exemption having dangerous potential, unmindful of  the fate of Lakhs of citizens of  the Twin Cities, to whom drinking water is supplied from these lakes. Also observed that such an order of exemption carelessly passed, ignoring the "Precautionary Principle" could be catastrophic.

 

Violations by Govt Agencies

 

 There are a number of violations by the Govt Agencies with regard to the protection of the catchment area up to 10 Km from FTL of Himayat and Osman Sagars. The very salient ones are the CDFD Building abutting Osman Sagar Reservoir and the allotment of 2200 acres of Himayat Sagar catchment area for Hyderabad International Airport, The particulars of others are listed below:

 

Vattinagulapalli IT Parks & Layouts

 

 The APIIC filed requisition, in October 2004, for alienation of Govt. Lands, previously earmarked for Formula-1 Race Course, in Sy.Nos. 117 & 127 to 132 measuring Ac.273.30 Gts, in Vattinagulapalli village ( within 10 Kms of prohibited catchment area ) in Rajendranagar Mandal of R.R District for establishment of IT Parks and took position of 120 Acers in Sy.No 132. The APIIC also filed requisitions for acquisition of Patta Lands to an extent of about 300 Acres in Vattinagulapalli for establishment of IT Parks. 

 

While the proposals of IT Parks were being finalized, the APIIC seem to have realized that the lands are covered under G.O.111 and the matter was brought to the notice of the Chief Minister on 04-06-2005 and the proposal for development IT Parks in Vattinagulapalli was dropped, vide APIIC Letter No.2183/P.M (IPU) /APIIC /2005 dated 11-08-2005.. But again APIIC is reported to have registered around 100 acres of land in Vattinagulapalli Village to WIPRO, in July 2007, for setting up IT Park, in utter disregard to the provisions of G.O.111.

 

The Revenue Department issued G.O.Ms.No 522 dated 04-05-2006, in violation of the provisions; of G.O.111, allotting 33 acres of land in Sy.No. 132 of Vattinagulapalli village for development of 132 plots by HUDA and allotment to serving IAS Officers.

 

Change of Land Use

 

 In accordance with the directions of AP High Court in W.P. 9386/07 the Dept of MA&UD, issued Memo No.14046/11/2007 dated 12-10-2007 directing HUDA and the District Collectors, of Ranga Reddy and Mahaboobnagar, to ensure that NO construction or development comes in prohibited catchment area of the Water Bodies, in violation of the provisions of G.O.111 and .to keep a strict vigil and take stringent action against the violators as per the law.

 

 But unfortunately, the Dept of MA&UD itself issued G.O.M S. No.293 of 26-07-2011 changing the land-use of the Site in Sy.No. 696 in Janwada Village (one of 84 villages in prohibited catchment) of Sankarapalli Mandal in RR District (earlier in Sy.No 297 of Kollur Village of Medak District) to an extent of 33 Acers,, which is presently earmarked for Conservation use zone in the notified Master Plan, as Residential Use zone.

 

This change of land-use is being justified based on the ground, as on the date of issue of the G.O 111 (8-3-1996), the land  was not in the revenue records of 84 villages, irrespective of the fact whether it falls within prohibited catchment area of 10 Km from FTL. or not

 

Allotment to Race Course Club

 

 It is reported that the State Govt is contemplating allotment of 100 Acers of Govt land in SY No 510 of Kanakamamidi village (one of 84 villages) of Moinabad Mandal in R.R District to Race Course Club of Hyderabad, in addition to 20 Acers to Polo Association and 10 Acers to HUDA, which were already allotted.

 

 Other Violations

 

It is a well known fact that a number of Educational Institutions, Resorts etc have come up during the last decade ,in addition  to a large number of layout development activities taking place in the prohibited catchment area up to 10 Kms from FTL of the Water Bodies,  

 

Conclusion

     

It is requested that directions issued by the Dept of MA&UD,vide Memo of 12-10-2007 be implemented strictly without granting any exemptions It is also requested that deterrent penal action be initiated against unauthorized  developments that had come up after the Supreme Court Judgment and the officials responsible for the same

 

 The HMDA may please be directed to take action for classification of  90% of the catchment area, in accordance with Para 3 ( I) (b) of G.O.111

 

 

 

Change of Land Use -Conservation to Residential Use in HMDA

 

This has reference to AP Govt G.O.MS.No.288 of 23-07-2011 changing the land-use of the Site in Sy.No. 615(P) & 616(P) in Pattighanpur Village of Pattancheru Mandal in Medak District, to an extent of Ac.19.15 Gts, which is presently earmarked for Conservation use zone in the notified Master Plan as Residential use zone

 

Reduction of Conservation Use Zone & Adverse Impacts

 

 In the Master Plan, the land use under Residential, Commercial etc zones was increased considerably, taking away the area from, Conservation– Agricultural, Hills, Recreation Open spaces etc - and even land under water bodies &forests. As a result the area under Conservation use zone had come down drastically to about 50% of the area in 2000. In addition there are unauthorized changes of land use of conservation areas

 

 The reduction of the area in Conservation, Forest etc zones, is already adversely affecting the quality of life, with deteriorating Air Quality, increasing Temperatures of Heat-Islands, increasing Storm Water Runoff & consequent flooding etc in HMA. With the reduction of agriculture land, there is already scarcity of locally grown seasonal vegetables, fruits, flowers etc, as result of which their prices are going up, increasing the cost of living and making the life of common city dweller more and more difficult.

 

Change of Land Use Illegal

 

The practice of changing the land-use notified in the Master Plan by a Gazette Notification by the Govt in essence, means the letter of the law is observed but the spirit is ignored. The regulation of land-use continues to be handled by the State Govt, in violation of Item 2 of Twelfth Schedule of the Constitution.   

 

The  Hon'ble A.P. High Court in its landmark judgment on  W..P. Nos.23835/96 and 35/97, against the use of Indira Park and "Buddhapurnima Park"  for cremation of mortal remains of the two former Chief Ministers of the State, observed 

                                                     

 "Whatever little scope was available to argue that the government of the State represents the sovereign and retained thus its eminent domain in deciding in respect of the use of a public place one way or the other is taken away by the Constitution Amendment Act, 1992 and Article 243W (a) therein read with the list in the Twelfth Schedule" (Page 49).

 The Courts can only high light the ill effects of "Bad Governance" but they cannot bring in "Good Governance" under the present system

 Objection to the Land-Use Change

 In the light of the position explained above, the change of land-use being authorized by the State Govt, vide G.O. Ms.No 288 of 23-07-2011, may please be reviewed and cancelled.

 Another aspect which needs urgent reform is for discontinuing the practice of changing the notified land use in the Master Plan  by inviting  objections with short notice  through  a Gazette Notification which is not easily accessible by the public .The  wide publicity needs to be given for the change of land use asking public objections instead of confining to Gazette publication with short notice

______________________________________________________________________