Additional Documents Filed On Behalf of The Applicant: Index S.No. Particulars No. 1. 1-100
Additional Documents Filed On Behalf of The Applicant: Index S.No. Particulars No. 1. 1-100
OA 85 /2015 (SZ)
versus
Index
Arun Kasi
No.20, Laxmi Kamatchi Apartments,
Kamarajar Salai, R.A.Puram, Chennai-28
arunkasi.r@gmail.com | +91 8882197957
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Contents
Chapter 1 Introduction
1.1 Background 1
1.2 Brief history of earlier policy and litigation 3
1.3 Approach in the report 9
Chapter 2 Lakes
Chapter 4 Encroachments
Chapter 5 Pollution
7.1 Introduction 74
7.2 Encroachments 75
7.3 Pollution 78
7.4 Lake management 79
7.5 Other issues 81
7.6 Recommendations 82
CHAPTER 1 INTRODUCTION
1.1 Background
The Honourable Supreme Court constituted this Committee in its orders dated 25 April
2005. The orders arose on a petition by Dr G Hargopal & others versus South Central
Railway & others for special leave to appeal (Civil) No(s) 5595-96/2004 from the orders
of the Honourable High Court of Andhra Pradesh at Hyderabad in WPMP No 31584 of
2003 and WPMP No 136 of 2004 in Writ Petition No 25073 of 2003. The appellants had
filed a writ petition before the Andhra Pradesh High Court challenging the construction
of a railway station on Hussain Sagar Lake of Hyderabad by the South Central Railway.
In its orders of 4 February 2004, the High Court dismissed the petition of the appellants
and allowed the writ of the Railway authorities by vacating the stay granted on the
construction of the Railway station. While so ordering, the High Court took note of the
fact that substantial work on the railway station had taken place on the other side of the
Necklace Road which had been recognised in the earlier orders in WP 26378 of 2000 of
the AP High Court on the petition of the Forum for a Better Hyderabad vs Government of
Andhra Pradesh and others. The Court observed that maybe the petitioners are
having good prima facie case ultimately to seek imposing some restriction on
further construction activities, if any, on any other area of the lake.
In the interim orders of the Supreme Court pending disposal of the appeal, it was
directed that no further construction shall be carried out except with leave obtained
from the Court in, on or around the lake. Also, having regard to the nature of the
issues involved and particularly in view of the submission of the learned counsel for
appellants that the orders of the High Court on the question of the extent of the lake are
conflicting, the writ petition was withdrawn from the High Court for disposal by the
Supreme Court. The present Committee of three members was appointed by the Court to
consider the construction and to submit a report as to suggestions relating to the
encroachments, if any, and the pollution if it exists, in respect of the lake. The
Committee will also recommend to the Court as to what measures could be taken with
regard to the Railway station which has already been constructed (orders at Annexure A).
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On receipt of the Supreme Court’s orders in early May, the Committee started
functioning in accordance with them. It held two inspections of the Hussain Sagar Lake
and environs in June and August, met individuals, experts and organizations that had
done studies or mapping of the lake or shown interest in it, as also Governmental
authorities. It invited suggestions and memoranda and received a number of them
(Annexure B). On 30th August 2005, the Committee held a public hearing after due
notice in the media. Brief records of all the meetings are also annexed (Annexure C).
Based on all these inputs including those from the Government (Annexure D), and
technical papers which were referred to and discussions with experts (Annexure E) on the
extent and nature of pollution of the lake and the possible measures to tackle the issues
and redeem the lake, the Committee gives the present report. Relevant maps and
sketches are also enclosed.
The scheme of the report is to look at the past litigation and the broad approach in the rest
of this chapter and then deal in the remaining chapters with the following:
Chapter 2: General overview of the lake ecosystems, in particular the lakes and their
ecological and environmental role.
Chapter 5: Water pollution including the biology and aquatic ecology of the lake as also
its social and community uses depending on the water classification and the
water storage and ground water recharge.
Chapter 6: Other issues including health risk due to lake pollution, possible air pollution
impacts on the lake, dam safety, solid wastes and the fitment of the lake in
the overall city planning.
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The policy relating to urban planning and the role of water bodies in it is not clearly
adumbrated, except in the revenue records dating back to the period of the Nizam’s rule
when water bodies were shown as ‘shikam’ and there were orders not to alienate this and
neighbouring Government land variously classified as ‘gairan’ or ‘kharij khata sarkari’.
The intention was clearly to conserve the water spread and foreshore. Hussain Sagar
Lake itself was primarily in Survey No 9 of Khairatabad village. According to the
deposition of the Deputy Director, Survey and Land Records in OS 12 of 1983 (detailed
later), the Khairatabad village was surveyed in 1324 Fasli (1914 AD) and Hussain Sagar
Lake was assigned Survey No 9 with an extent of 1,379 acres and 35 guntas (roughly 479
ha). There are water bodies of the lake stretching into other S Nos like 20, 21, 22, 23 and
31 of Somajiguda, S Nos 212/1 to 8, and 7 and 8 of Khairatabad, S Nos 194 of
Begumpet village and S No 43 of Bholakpur village, some of which were shown as patta,
some as kharij khata or taken over inam land and even as shikam. In some of these cases,
court cases were pending before land grabbing or other courts. S Nos 7/1, 7/2 and 8 are
recorded as shikam talab in pahanies (revenue records) of 1947. The entries are not so
clear in the records about S Nos 20/1, 20/4, 21, 22, 23 and 31. But S No 20 is clearly
‘sarkari’, whereas 20/2 and 20/3 are shown as pattas in 1937 pahani (1338F). In regard S
Nos 212/1 to 212/8 of Khairatabad village, where there is a big water body, as confirmed
in the maps as well as from the inspection of the Committee, has been shown as patta
land in government records. According to revenue authorities, the pattedars of the land
constructed a compound wall of the land within the boundary of their land. This water
body is clearly a part of the Hussain Sagar system and it is not clear how patta was issued
on a water body. The Committee requested the authorities thrice to provide details
on how the patta was granted, but this has not been furnished up to the time of
writing this report. This will have to be probed further.
The judicial pronouncements in some of the cases pertaining to Hussainsagar water body
do consistently hold that a water body should be respected. In its orders in OS 12 of
1983 of 20th February 2001 the Additional Chief Judge City Civil Court, Hyderabad
held that the land claimed as mazi S Nos 50, 51 and 64 was part of S No 9, ie,
Hussain Sagar Lake bed. It is interesting to note that the Government of Andhra
Pradesh, while holding this was so also mentioned in a written statement that they
laid a road (Necklace Road) in it to develop it. In another case where a claim was laid
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to mazi S Nos 39, it was held to be part of S No 9, ie, Hussain Sagar tank only by the
Special Court under AP Land Grabbing (Prohibition) Act, Hyderabad in LGC 145 of
1994 on 5th December 2001. In this orders the Special Court made an interesting
observation that “Merely because somebody leveled the tank when the water
receded or raised some structures or dug some wells does not make it any the less
tank”. These orders were also upheld by the A.P High Court in their orders in WP 1218
of 2002 on 21st September 2002, and the Supreme Court in SLP 22546/2002 of 9
December 2002 dismissed the Special leave petition against that. Again in respect of
encroachments in S No 9 as well as 8 (the latter being kharij khata) the Special Court in
its common judgement of 13 October 2004 on LGC Nos 106/99,107/99 and 109/99
declared the land was shikam Hussain Sagar and directed the encroachments may be
vacated. However the Hon’ble Court added, “the respondents are poor people, the
Government may consider for regularization of the land in favour of the respondents on
their applications within two months from the date of this order”. The applications are
said to be pending with Government.
The next set of cases in Courts is those that preceded the present one in the Supreme
Court. They include the orders of the AP High Court in WP 26378 of 2000 on 15th June
2001, where they held that no further permanent structures including those involving
commercial activities may be allowed to be raised on or near the water spread or
catchment area. The word ‘catchment’ has not been defined. If the definition were
the orthodox one which includes all the area from which water is trapped and flows into
the lake, the area covered would indeed be huge. It is mentioned in the judgement that
the catchment area is 16,447 acres (6,659 ha) and the intercepted catchment is 42,382
acres (17,159 ha). Perhaps their Lordships meant by that term the foreshore areas,
water bodies and channels or nalas which feed directly into the lake and all the
areas up to MWL, where there is fluctuation in water level or is somewhat higher
ground from which water gradually flows into the lake.
In their observations their Lordships mentioned, “Water bodies play an important role
in the matter of maintenance of ecology. They act as a benefactor to the society.
Any encroachments on the water bodies may be found to be detrimental to the
society” and again, “Hussain Sagar is also required to be protected for preventing floods
and in the event of water logging of the city as the rainwater normally would be stored in
the lake only when the rainwater cannot find its way in the water bodies, a flood like
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situation may arise. Of course, having regard to the fact that precautionary principle had
not been adhered to; a great deal of encroachments had been made. The water of
Hussain Sagar, by reason of immersion of the idols or otherwise, is also being
polluted, although it has become free from industrial effluents coming into it”. It is also
to be noted that the High Court referred to the counter of the Government showing the
present area of the lake as 1,066 acres (431.58 ha) as against water spread of 1,203 acres
(487.04 ha) thus showing that within a short span of time 140 acres (56.68 ha) have been
encroached. In the same orders the Court referred to a notification dated 4-5-200 by the
Hyderabad Urban Development Authority (HUDA) also showing the water spread at
MWL as 1,739.6 acres (704.29 ha) and at FTL as 1,423.3 acres (576.23 ha). It also
referred to the stand of the Government that this notification by HUDA was not statutory
but merely an appeal to the inhabitants of the respective corporations.
There are discrepancies also in the area of the lake reported in other documents and cases,
which seems to have prompted the appellants to mention it to the Supreme Court in this
case. The AP High Court also directed that construction of amusement park etc, might be
allowed subject to examination and certification by the AP Pollution Control Board
(APPCB) that creation of such parks, etc, would result only in sustainable development
and would not create any ecological imbalance. The APPCB laid down that there can
be no net addition of small vehicular traffic attributable to the development
proposed on all roads surrounding the lake and there can be no discharge of trade
effluents or sewage from the new projects into the lake and there can be no littering
or solid waste disposal in and around the lake.
In the WP 24937 of 2004 relating to the cremation and erection of a memorial in honour
of the Late Shri P V Narasimha Rao, former Prime Minister of India by filling the lake,
the judgement is to be delivered.
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In WP 10113 of 1995 and 21495 and 22303 of 1998, on idol immersion in Hussain Sagar
Lake, the Division Bench of AP High Court in their judgement on 15.6.2001, observed
that the “lakes in and around the twin cities, and Hussain Sagar in particular, are being
polluted by reason of immersion of idols. It is unfortunate that official agencies,
which have a statutory duty to maintain the standard and purity of the lake, had
failed or neglected to perform their duty. It is also unfortunate that the state had
failed to act even in terms of the recommendations of the various committees set up
for various purposes. Immersion of idols should be divided in several tanks so as to
minimize pollution. We may notice that guidelines in almost a similar situation had been
issued by the West Bengal Pollution Control Board with regard to maintenance and
cleanliness of the water of river Ganga, after the immersion of idols on different festive
occasions. The authorities must follow the said guidelines on the same lines and/ or other
stricter measures having regard to the fact that in twin cities of Hyderabad and
Secunderabad, idols are immersed in lakes and not rivers like Ganga.”
There are a couple of other cases relating to water bodies in Hyderabad that have a
bearing on the status and management of Hussain Sagar Lake. In civil appeal 368-373 of
1998-99, in their judgement dt 1.12.2000, relating to Himayat Sagar, the Supreme Court
confirmed the orders of APPCB, not to grant consent to M/s Surana Oil Derivates (India)
Ltd, not to grant consent to establish its industry within 10 km of Himayat Sagar. In its
observations, the Supreme Court not only mentioned the duty of the state under article 21
of the Constitution of India to provide clean drinking water to its citizens, but also
highlighted the significance “of Precautionary Principle” as the new rule of “burden of
proof” in the matter of environmental pollution, and emphasized the need for scientific
inputs before adjudicating complicated issues of pollution to environment. The Court
added that on the basis of scientific material obtained from three highly reputed sources,
that on the facts of this case, the Pollution Control Board could not be directed to
suggest safeguards, and that there is every likelihood that safeguards could fail due
to accident or human error.
In WP 36929 of 1998, relating to Durgam Cheruvu Lake, the Division Bench of AP High
Court directed on 20.7.2001:
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The IMax theatre construction of which was originally allowed in the NTR gardens and
was challenged before the Court was held to be in area other than the NTR Gardens in
view of the correction issued by the Government on 22-10-2001 that the land was located
in commercial zone abutting NTR Park. There are other cases too like the case in which
the AP High Court directed no cremation should take place in the lake area.
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As regards the policy of the Government in dealing with water bodies, it is to be noted
that the AP Government has been deriving authority from the AP Urban Areas
(Development) Act, 1975 (Act I of 1975). Under section 59 of this act, the HUDA
notified Zoning Regulations of Bhagyanagar (Hyderabad) Development Area. Among
the land use zones was the recreational use zone and in it were included waterfronts. It
may be noted that ‘water body’ as such has not figured in the uses. The master plan is
also notified under the Act. It is open to the Government to make any modifications in
the master plan under Sec 12 (2) and Sec 13A of the Act by notification in the official
Gazette inviting objections and suggestions, giving fifteen days time for conversion to
non-industrial use and seven days for industrial use. In the WP 21793 of 2000, the High
Court has assumed that the Master Plan was amended in 1997 to make part of the lake
area as commercial and another as recreational. But the Court recorded dissatisfaction
over the way in which this was done as citizens had to be informed about the
developments.
Among the notifications made under the above Act were GO 75 MA dated 3-3-97
converting 26 hectares from part water body and part public and private use into
recreation park (park use zone) and in GO 363 MA of 23-8-1995 land of 4 hectares
earmarked in the zonal development plan was changed to commercial use zone for
the construction of world trade centre. This area has since been given to the IMax
theatre.
An indication of the policy thrust is seen from the constituting of the Buddha Purnima
Development Authority (BDPA) through GO 1947 MA, dated 8-91981. The objectives of
the scheme were:
Further indications of the policy thrusts are in the entrustment of studies and plans by
eminent architects like Shri Charles Correa for beautification of the lake and that the city
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had grown rapidly not matched by public places and the lake and its environs have the
potential and the size to fit the role of a public plaza for the city’s place. Thus the water
body was treated like any other land on which a plaza can come up.
In regard to pollution of the lake some initiatives had been taken like diverting the
industrial effluents from Balanagar, Jeedimetla and Fatehnagar area as also from
Kukatpally nala, Picket nala, Yousufguda nala, Banjara nala and Balkapur channel by
pipe (duplicate K&S Main and Duplicate A Main sewers) downstream of the Hussain
Sagar Lake, creation of a sewage treatment plant in the tank bed near the Khairatabad
flyover to treat the sewage from Banjara side, and plans for up gradation of this plant and
having another near the Picket nala. The Kirloskar report in the wake of the 2000 floods
for improvement of nalas upstream and downstream is under consideration.
In 1995-97 and in 2004, 527,000 cubic meter of material was dredged from the lake to
fill in the area between railway track and Necklace Road, but further work was stopped
on orders of the High Court as the lands were under litigation. HUDA has constructed
compound wall near the railway station, Khairatabad flyover (which the Committee
found had been breached in two places). A proposal to dredge sediment from the lake is
also under consideration based on a report of the Environment Protection Training and
Research Institute (EPTRI) given in November 2004. To consider taking up of many of
these works, a new Project proposal has been made to the Japan Bank for International
Cooperation for Rs 311 crores, and as a first step it has been decided to conduct a Special
Assistance for Project Formulation. The Committee has also come across proposals for
an underwater world at Sanjeevaiah Park (which juts into the lake) and a rail link
between the Sanjeevaiah Park and Lumbini Park across the lake. An architect Shri Nitish
Roy has also made suggestions for development of Entrance Plaza, Theme Park, Water
Park, and Mono Rail etc in the Sanjeevaiah Park.
The Committee would be totally guided by the directions of the Supreme Court. The
Committee also had for guidance the observations of the Supreme Court in M C Mehta vs
Union of India (1996) 8 SCC 462 (Badhkal and Surajkund Lakes), and again in M C
Mehta and Union of India (1997) 3 SCC 715. In these cases the Court held that large
scale construction activity in the close vicinity of the 2 lakes is bound to cause adverse
impact on the local ecology, disturbing the rain water drains, which in turn may badly
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affect the water level and well as the water quality of these water bodies. It may also
cause disturbance to the aquifers, which are the source of ground water. The hydrology
of the lake may also be disturbed. The Court favoured a green belt of 1 km radius all
around the lakes.
The Committee is conscious of the directions of the Supreme Court, which cover
encroachments, and pollution of the lake. In this exercise, therefore, the Committee
decided not to accept any step already taken either to encroach or pollute as a fait
accompli but go deep into reasons behind and not to hesitate to point out how many
of the measures both in the public and private domain infringed the doctrine of
PUBLIC TRUST in respect of a common property resource and has been
continuously been justified and even judicial sanction sought. On the basis of such an
examination, the Committee would be making recommendations, which may be of value
in tackling the issues relating to the Hussain Sagar Lake, especially of the restoration of
the ecological value of the lake, and submit them for the consideration of the Honourable
Supreme Court. The Committee has to make special mention of these considerations,
having observed that even after the interim directions of the Supreme Court that
there should be no construction either in, on or around the lake until further orders
and the Committee also pointing out to this in the inspections, the activity has
continued in some places. This shows either a spirit of defiance or a continuance of
the tendency to take the water body for granted and as a piece of land, which can be
put to any use.
The Committee has made recommendations specifically on the Hussain Sagar Lake. But
the problems of encroachment and pollution afflict many (nee most) urban lakes in India.
The Committee hopes that the recommendations made in this report will be also viewed
in the larger context of all urban lakes in India, most of which need conservation and
upkeep in the larger public interests and for inter-generational equity; which demands
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that we do not diminish our natural resources, so that our children and grandchildren also
continue to have and enjoy them.
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Chapter 2 Lakes
A lake is defined in the Concise Oxford Dictionary as ‘a large body of water entirely
surrounded by land’. It is also described as ‘an aggregation of water bodies’.
It is a special ecosystem like the rivers, mountains, forests etc., which confers immense
benefits to all living beings. It can be natural formed in natural depressions as in Kolleru
Lake, Chilika Lake, Manasarovar Lake or smaller lakes in Hyderabad like
Durgamcheruvu. Human beings, taking advantage of the natural terrain, can also build
lakes.
Lakes perform several ecosystem services. Some of them are well described in various
documents: Eg, the Hyderabad Urban Development Authority (HUDA) notification (No
3195/PR/H/2000 dt 4/5/2000) makes the point that: “Protection of lakes and water bodies
has assumed great importance in recent years for the following reasons: * Recharging of
ground water, * Recycling of valuable sources of water for various urban uses, *
Development of foreshore areas as recreational and picnic spots, * Serving as essential
lung spaces for the large urban populations, * For maintaining ecological balance as a
long term objective.
In a pamphlet brought out by the Lake Development Authority at Bangalore, which says
a lake “can: *Harvest water, *Recharge the groundwater table, *Mitigate floods, *Act as
a city lung-space, providing air and area for public gardens, *Can be a nesting place for
birds and also be a rich piscine habit, *Offer several recreational options like boating,
swimming, jogging, *Help promote eco-tourism, *Serve as an emergency reservoir
during fires, drought etc, *Function as a cattle watering hole”.
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Most lakes are self-renewing and cleaning in nature, taking advantage of the fresh water
that enters with every rain and the surplus mechanism. But there are limits to this when
the area is very arid, or there is excessive washing or bathing with the use of soaps and
detergents, or when pollutants, (eg, chemicals and sewage) enter the lake, causing
eutrophication, overgrowths of weeds like water hyacinth and odour. In rural lakes,
frequent desilting and periodic maintenance, following practices like kudimaramath in
South India ensure the lake quality is in good repair.
But there are problems in urban lakes where the polluters and pollutants are many. In
such lakes, inflows of untreated sewage and sullage carry tremendous amount of plastics.
Many lakes like Hussain Sagar are used for washing cattle and clothes, attract wrong type
of tourism accompanied by litter, oil spills, etc; and even for immersion of large idols
made of plaster of paris, toxic paints and iron scaffoldings. Such practices pollute lakes
very quickly, as also diminish groundwater quality, and form impervious lower layers
that affect aquatic life that has its own cleaning role. Encroachments, laying of roads and
having structures that impede water flow diminish the lake, making it even more difficult
to clean itself due to the reduction in water storage and flows.
India has been blessed with several lakes, both natural and manmade. In view of the
ecosystems services lakes give, most villages have either a lake or at least a pond, which
helps store water and also recharges the village wells. There are lakes in dry areas like
Rajasthan, which are invaluable stores of water—a precious commodity in a desert
system eg, Rajsamund. Every temple had a tank attached where water was used not only
for religious purposes but also served the needs of the village and townspeople for
bathing, groundwater recharge, etc.
In states like West Bengal and Tamil Nadu, most villages have a village pond or lake,
which gives sustenance to the villagers in different forms. In all the lakes there are
resident birds and fish and many of them attract migrant avian species too which enrich
the lakes with their droppings, cull the fish and make periodic forays into neighbouring
fields to harvest pests and worms many of which are harmful to farmers. Many
manmade reservoirs like Bhakra Nangal, Srisailam and lakes like Vaitarna near Mumbai
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are storehouses of water for irrigation and power, are also sources of drinking water, and
perform other ecosystem services.
Most forests have lakes inside them, which are of value to the life inside, including
wildlife. Hills too have lakes, eg, Nainital and Kodaikanal, which also perform several
eco-system services. In the northern part of the country every place has a jheel or sarovar
and in the South a kulam, kere or cheruvu. No wonder that many of these are not only
conserved by the local citizens for the value they add to the local lives and livelihood
security but are also considered sacred, eg, Hemkund Lake, Amritsar Saras, like the
rivers, waterfalls, springs and groves. The spirit of conservation in these cases is almost
the same as what applies to ecological systems.
Then there are the urban lakes like Dal Lake in Srinagar, Bada and Chota Talabs in
Bhopal, in Jaipur, Bangalore. Kolkata, Pune, and in almost all other towns and cities.
These lakes perform most of the ecosystem services listed above, apart from adding to
the scenic splendour of the otherwise dreary urban landscape dotted with disharmonious
structures and hoardings, rarely punctuated by beautiful trees or rocks. Almost all of
them are conducive to moderation of the microclimate and bird life, which attract the
citizens and nature lovers among them too. They are cushions against floods in the rainy
season. Many of them are valuable sources for both surface and groundwater supply.
In Hyderabad, as noted earlier, Hussain Sagar played an important role for four centuries,
until 1930’s, as an urban drinking water supply source—a low cost one, like the way
Himayat Sagar and Osman Sagar (which were later creations) still are, in spite of being
threatened by unsustainable developments like industrialization and wrong kind of
urbanization, which have attracted the critical remarks of the Honourable Supreme Court
in Civil Appeal 368-373 of 1.12.2000 (quoted in Para 1.2).
The effect of urbanization on the lake eco-systems has already been discussed above.
Even though the lakes have either disappeared or are heavily encroached and polluted,
the ecosystem services they could have performed, and continue to perform, cannot be
substituted by any other mechanism. The urban populations in cities like Hyderabad
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experiencing water shortages can ignore lakes only at their own peril. So, measures have
to be taken to restore them and their water quality as argued well in one of the papers
given to the Committee by the Centre for Resource Education (paper of August 2004 on
Approach Methodology—Annexure E).
It follows that the management practices and institutional mechanisms tailored to them
have to be mindful of the need for corrective and firm action. The gaps identified in the
management of urban lakes are:
The institutional mechanism for many such complex tasks, including avoidance of
pollution of lakes in urban areas, is fragmented. There is a multiplicity of agencies
handling lakes in most cities. It is a case of too many cooks spoiling the broth. As will
be seen later in Section 3.3, the Hussain Sagar Lake is subject to the management of
at least nine government formations, apart from the private sector that influences
management, if not actually involved with management.
In rural areas, three agencies control the management of lakes—revenue, panchayat and
irrigation. The proximity of the lakes to the small village populations, to whose needs the
lakes cater, acts as a fairly effective lever for their management.
In urban lakes, there are competing demands of stakeholders. These include poor
communities, eg, cattle owners, fishermen and also government agencies like railways
and road authorities, urban planners, for whom a water body is like land, tourism
agencies who consider lakes to be picnic spots and religious groups. Added to these
interests are those of real estate and commerce (including land grabbers), who wish
to profit by the central location of urban lakes. Other stakeholders like walkers,
joggers, cyclists, water sport lovers and nature lovers, most of whom enjoy plain
communion with nature, have been marginalized. All these interests compete and
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most of them, except the marginalized, reduce the lake in size and quality, and take
away slowly from the valuable eco-system services that they can perform.
The central theme of management has to be to treat the lake as a water body that
requires conservation; both in its own right and as a valuable ally of all urban residents,
and also for visitors. If this were done, there would be enhanced beauty, utility and
sustainability for generations of city dwellers. In this process, the heritage, cultural and
artistic value of lakes should also be recognized, as argued by some before the
Committee.
Thus, suggestions have come to declare Hussain Sagar as a monument “Under the
Ancient Monuments Act” or as a “Heritage precinct” under HUDA. Multiplicity of
controlling agencies, lack of coordination or consultation among stakeholders, and
finally, non-implementation of rules and regulations, which have been agreed upon,
should not vitiate management of lakes. Bad lake management practices, such as
mentioned above, tend to benefit the few (generally the privileged or better-off),
while taking away pleasure and livelihood security from many, which is a violation
of the doctrine of PUBLIC TRUST and respect for common property resources.
Based on a study of good practices elsewhere and in Hyderabad, the Committee will
endeavor to recommend good management practices for Hussain Sagar Lake, which can
hopefully influence management of other urban water bodies in the state and elsewhere.
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Hussain Sagar is the oldest of the five big freshwater lakes in the city of Hyderabad. It is
situated between the twin cities of Hyderabad and Secunderabad. The lake, in fact, is
older than Hyderabad city, having been constructed by Sultan Ibrahim Quli Qutub Shah
during his reign as King of Golconda. Its date of construction in the 16th century is put
around 1561. The lake came about with the construction of an earthen bund, about 2.5
km long along in a North-north-east to South-south-west direction, connecting two
highrise areas and storing water over a large area, depressed and marked by rocks and
foreshore of grasslands and vegetation until about 50 years back.
For nearly 375 years, i.e., till the 1930’s, it served as a source of drinking water and
irrigation. The first piped water supply to the city was started in the year 1864 through
the Narayanguda slow sand filter beds. The water supply from the Hussain Sagar Lake to
the British residency and surrounding localities was continued until 1930-31, when the
water supply from Osman Sagar Lake was started. Raw water of Hussain Sagar was
being supplied to Fateh Maidan, Public Garden, Women’s college, Dhobi Ghat, Osmania
University, Electricity Department, Narayanguda Distillery, Industrial area and Railways
totaling 20,25,000 gallons (as quoted in the judgment in WP 26378 0f 2000.0f 15th June
2001). Some of these uses like the supply to the Distillery may have ceased now.
The geographic location of the lake is 17o25’N and 78o28’E. It is elevated about 540
meters above sea level. The catchment area is 16,447 acres (6,659 ha) with an
intercepted catchment of 42,382 acres (17,159 ha). It is fed by the Bholakpur (Balkapur)
channel and three other nalas, viz., Banjara, Kukatpally (including Jeedimetla and
Yousufguda) and Picket. Two other small streams also join the lake at Bridge 3 near
Hussain Sagar Railway junction and near KIMS Hospital on Ministers Road.
There can be no better description of the lake as it then was, than from two books, “The
Glimpses of Nizam’s Dominion” by A Claude Campbell and “Confessions of a Thug” by
Capt Meadows Taylor who served as the Assistant Resident of the British. In the first
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work we come across this piece describing the Hussain Sagar Lake, “This fine sheet of
water is about 11 miles in circumference and is the largest body of water near Hyderabad.
The lake and the tanks in the vicinity are considered to have decidedly beneficial effect
on the climate of both Hyderabad and the Cantonment of Secunderabad. The scenery
around this charming expanse of water appeals strongly to all lovers of the picturesque in
nature, for the eye meets the verdant slopes of velvet softness in the Northwest, a scraggy
weather worn eminence of bare rocks to the South-west, wooded sloping pastures to the
East, and a valley, skirted afar off by picturesque rose-tinted hills, and a great outburst of
granite to the South. A direct highway runs along the bund or huge dam, for about two
miles and unites the Cantonment of Secunderabad with Hyderabad. It is mostly along
this pleasant and well-metalled drive or promenade that residents, both European and
Native, seek relaxation after the day’s work, either driving, riding, bicycling or walking
in the cool of the evening and enjoying the refreshing breeze that floats so appreciably
across the lake.”
In the second book we read, “We passed the village of Ulwal… and pursuing our way,
we saw on passing a ridge of rocks, the camp of the army at the far-famed Hussain
Sagar… We had heard much of this lake from many persons on our journey and as we
passed it, a strong breeze had arisen, and the surface was curled into a thousand waves
whose white crests as they broke sparkled like diamonds and threw their spray into our
faces as they dashed against the stone walk of the embankment. We stood a long time
gazing upon the beautiful prospect, so new to us all, and wondering whether the sea of
which we had heard so much, could be anything like what was before us”.
The lyricism apart, these extracts bring out the vastness of this lake in those days and its
moderating effect on the climate. The vastness of the lake can be gauged not only from
earlier maps, but also from accounts by old residents of Hyderabad. Thus it has been
stated that “the original spread of the waters of Hussain Sagar was up to the present
Begumpet Police Lines.” Sir Ronald Ross had his laboratory within walking distance
from the lake (today, it is not). He discovered the malaria parasite on the banks of this
lake (article by Shri Sarvottam Rao, IFS (Retd) in the 2000-2001, anniversary number of
the Forum for a better Hyderabad). In his discussions with the Committee, the
Khairatabad corporator referred to his childhood when the lake water was present in the
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area now occupied by Prasads IMax theatre, and buffaloes grazed here when the waters
receded.
Based on the lake perimeter of 11 miles referred to earlier, some interesting calculations
have been attempted of the lake area. Had the lake been circular, the area would be 6,160
ac (2,494 ha), if pentagonal with equal sides, it would be 5,329 ac (2,157 ha), if
rectangular, 4480 ac (1,814 ha), if square, it would be 5,120 ac (2,073 ha). Even the
lowest of these estimates is larger by a factor of four compared to the present notified size
of about 1,373 ac (555.9 ha HUDA notification dated 4-5-2000) and the area of 1,066 ac
(431.6 ha) mentioned by the Government itself in the counter affidavit filed in WP 21793
of 2001.
The sad incontrovertible fact is that in the last two decades of the last century and in this
century too, the lake has been reduced to less than one-fourth its original size, and still
continues to shrink because of encroachments. This, coupled with the entry of untreated
sewerage and industrial effluents, especially from the late 1960’s, has affected the
ecological role of the lake. Till then it had a reasonable water quality (outdoor bathing
standard), and attracted migratory birds. Groundwater levels below the lake were steady
till then, but started declining thereafter.
In regard to bird life in Hussain Sagar Lake, the Bird Watchers Society of Andhra
Pradesh has referred to 35 bird species being recorded. Of this, the population of winter
migrants likes shovellers and pintails have declined in the last few years due to the
manifold disturbance in the area. There have been no sightings of Ruddyshel Ducks after
1983, Comb Duck, Red Crested Pochard, Common Pochard and Black Headed Ibis after
1996. The Blue Rock Thrush has not been seen after 1997. Three more species—Cotton
Teal, Brahmani Kite and River Tern have not been sighted after 1998.
All these developments have been further compounded now by the further decline in the
water spread due to laying of roads, parks and tourism developments. The aesthetics of
the area are also now overwhelmed by excessive building activity all around the lake and
the erection of huge hoardings that take away from the view and beauty of the lake.
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Hyderabad was a city of beautiful (and useful) lakes, parks, gardens and small tanks until
the mid-twentieth century. The earlier residents seem to have been very conscious of the
need to conserve water, both surface and under ground, due to long periods of dry and
arid weather.
In May 2000, HUDA notified that there were 169 lakes of more than 25 acres in extent.
The State of Environment (SoE) report of the Environment Protection Training &
Research Institute (EPTRI) in 1996 stated that there were 125 lakes in and around
Hyderabad and 23 of them were perennial. It added that “many lakes in Hyderabad have
either disappeared under residential and industrial areas or their areas have decreased due
to encroachment of both foreshore and even bed and bunds by housing, parks, tourism
and agriculture. The water quality has also witnessed considerable deterioration due to
the increased inflow of untreated domestic and industrial effluents”.
Striking examples of water bodies which have vanished under housing or parks are
Masab Tank and Anumula Kunta tank, which was on Road 1 Banjara Hills, which is now
a park (Jalagam Vengal Rao park). The vanishing lakes were in the company of gardens
like Kundanbagh or Kanchanbagh or Imliban or Bagh Lingampally that are now but
names. Water sources like wells, eg, Putli Bowli, Gachi Bowli have also vanished giving
their names to the suburbs. The Musi River is now been reduced to a sewer and thereby
to the stage of being considered for some kind of real estate and commercial
development, instead of having a sustainable plan to develop it into a waterway,
enhancing the quality of the surroundings. The disappearing lakes took many of the
picturesque rocks that dotted the city landscape softening the dreariness of an urban
setting.
The National Remote Sensing Agency (NRSA) had found 932 tanks in and around
Hyderabad in 1973, which came down to 834 in 1996 (page 19 of the 2000-2001 Annual
of the Forum for Better Hyderabad, Ibid). Between 1927 and 1996, 18 tanks above 10 ha
and 80 tanks below 10 ha have disappeared according to an EPTRI-NRSA study
(Ramchandriah, C, Pollution and loss of water bodies, Annual Number 2004-05, Forum
for Better Hyderabad).
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The exact areas of the lakes, their FTL and MWL are not demarcated on ground, thus
helping the cause of land grabbers and unsustainable development activities, including
tourism, roads, commercial zones etc. All this has happened while the population
increased and the water supply sources decreased. Even with water being brought from
distant rivers, most areas in the city are given piped water supply only once in two days
for short periods and many depend on water tankers which bring water burning fossil
fuels which aggravate water pollution. Had all lakes that had existed even up to 1930
been conserved, they would have supplied a substantial portion of Hyderabad’s current
demand for water. They would also have had a beneficial effect on the microclimate of
the city by keeping heat waves away.
There is good reason to reverse this trend in the interest of all citizens, and there is no
reason why this cannot be done.
The Hussain Sagar Lake is a bridge between the twin cities of Hyderabad and
Secunderabad. It is close to the State secretariat and many other Government offices like
the office of the Municipal Corporation of Hyderabad (MCH) and is also not too far from
the present airport and the railway stations of Nampally, Begumpet and Secunderabad.
The original Central Business District (CBD) of Hyderabad and Secunderabad cities has
grown around the Hussain Sagar Lake. Since the lake is at the centre of the CBD, there
has been a strong temptation to make the lake a part of the CBD. However, other CBDs
like HiTech City and the International Airport are rapidly being developed. Hence, there
is no reason at all to try to make the lake an integral part of the original CBD.
In the last two decades the buildings in and around the lake as well as the recreational and
commercial activities in it and its environs have reached a stage where the older
structures like the Raj Bhavan and Lake View Guest House located on the road up to
which the waters of Hussain Sagar lake used to reach until the 1960’s no longer enjoy the
view of the lake that they used to earlier. Roads like the Ministers Road, NTR Marg, and
off late, the Necklace Road have come up at different stages in the lakebed and
apparently heightened the importance of the lake from the traffic, commercial and real
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estate point of view. In this sense, the location of the lake has become even more
important and attracted several activities, which diminish the ecological role and
apparently enhance its economic role.
Yet the ecological role of the Hussain Sagar Lake continues to be important for the
residents of Hyderabad and Secunderabad, especially the colonies in the foreshore area as
well as in the downstream area below its bund. For these colonies, the lake offers not
only a unique water body ideal because of its moderating effect on temperature and
humidity for simple sports like walking, bicycling, jogging, rowing and sailing but also a
source of groundwater recharge and a buffer against floods when the margin between
FTL and MWL is conserved as all foreshores should be. Economic development around
the lake, encroachments on the lake and pollution of the lake have threatening the
ecological importance of the lake.
These developments have also impacted traditional livelihoods that people could eke
from the lake. For example, the lake foreshore was earlier used for farming, which has
now disappeared. The lake foreshore was used by washer men. This activity has been
shifted to other areas.
The effect of reduction of water spread of the lake between 1987-2005 on ground water
levels in the hydraulic gradient on the downstream side was analyzed. The data related to
dug well at Gowshala on Lower Tank Bund Road is relevant in this context. There has
been a secular increase of depth to water from 1.75 m to 7.15 m in the month of April. In
the month of November for the same period, it increased from 0.45 m in 1988 to 6.54 m
in 2004.
The maximum and minimum temperatures in Hyderabad never crossed 40oC and 26.5oC,
respectively, prior to 1971. Since then, they have crossed these temperatures in seven out
of 15 years. In fact in three of those years, the minimum temperature crossed 28oC. The
mean maximum temperature rose by 4oC between the 1960s and the 1990s. Reduction in
the water-spread area, along with population growth, indiscriminate construction, lack of
green spaces, phenomenal growth of vehicles, encroachment of open spaces, are
responsible for the rise in the city’s average temperature.
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A point to be noted in the context of this lake is that it is subject to the management of
several institutions like the Collectorates of Hyderabad and Ranga Reddy, HUDA,
Buddha Purnima Development Authority (BPDA), AP Tourism Development
Corporation (APTDC), Hyderabad Metro Water Supply & Sewage Board (HMWSSB),
the Government in the Municipal Administration and Urban Department (MAUD), the
Municipal Corporation of Hyderabad (MCH) and the Irrigation Department. Many of
them manage parts of it in the geographic sense and parts of it in the regulatory or
functional sense. This multiple management structure has its own effect on the
importance and management of the lake and it is not always that this has been conducive
to the importance or continuance of the ecological role of the Lake.
• Lake is the centre of the city with the CBD developing right around it, hence the
attraction to commercialize the lake
• No master plan, hence land use can be altered at will, therefore encroachment
• Ground water levels going down in hydraulic gradient
The total inflow into Hussain Sagar Lake in 2002 was 115 MLD and is expected to
increase to 144.3 MLD in 2005 (see table below). These flows, except for 20 MLD
coming through the STP, are supposed to have been diverted away from the lake in order
not to contaminate the lake with wastewaters.
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The table does not balance as figures for surplus water through spillways was not
available.
3.5 Brief historical account of land use changes around the lake
Some idea of the land use changes made by policy and private developments has been
given in Chapter 1. It is necessary to look at the changes over the history of the lake,
partly with the help of some historical accounts, partly from cartographic evidence and
revenue records, partly by derived information from the uses to which the lake was put to
over the years, partly in the context of demographic and developmental thrusts that have
impacted on both quantity and quality of the waters and water spread as well as its
ecological functions.
Historical accounts, mainly from late nineteenth century (quoted earlier from sources like
Campbell and Meadows Taylor), show there was no interference with the lake in any
manner until 1930’s when it ceased to be a drinking water source. Thereafter, its spread
diminished but slowly until 1960’s. The lake spread up to Begumpet, Somajiguda and
Khairatabad, and its related water bodies like the nalas, was not very much diminished up
to 1960’s, except by the encroachments on the Ministers Road side and on the Raj
Bhavan and east of Hussain Sagar. The Hyderabad-Secunderabad railway line, a good
length of which was built on the western side of the lake, began to be seen as the lake’s
border. Encroachments that inched towards the railway line were significant enough to
bring down the lake area to two thirds its size in the 1930s and 1940s.
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Developments after the lake ceased to be drinking water source seemed to have speeded
its diminution, especially after 1950-60. This is also reflected in the relationship between
increase in urban sprawl, population and decrease in the agricultural and water body areas
from 1927 to 1996. Sharp decreases in water bodies are noticed between 1973 and 1996
when Hyderabad city lost 22 tanks above 10 hectares and 80 below ten hectares (EPTRI
–NRSA study, 1996, quoted on p 23 of the SoE report, 1996). Though there may be
differences due to the statistical base, the figure of 233 lakes for 1996 quoted therein had
become 169 in the notification issued by HUDA on 4-5-2000. Similar trends are seen in
the remote sensing imagery of Hussain Sagar Lake from 1996 to 2002.
How much of this decrease in Hussain Sagar took place due to change of land use? It
may be noted that we are forced to use the term ‘land use’ even in relation to a water
body as that has been the Governmental practice so far. Of course there was some
recognition of the water body in the revenue records, eg, Survey No 9 of Khairatabad
village, is sown as ‘shikam talaab’. But the inalienable nature of such an entity was
given the go-by in terms of regularization of private occupation in the foreshore as well
as even in the lake over the years. The state of the revenue records does not permit
piecing together all the encroachments and regularizations that took place over several
years prior to 1323-24 Fasli (corresponding to 1914 AD).
After 1950’s, as briefly indicated in Chapter 1, in regard to court cases pending in respect
of Survey Nos rightly falling in Hussain Sagar lake area there have been steady
incursions into the lake, some of which got regularized even though the survey maps
show the existence of water body (for details, the notes given by the HUDA in July
August 2005 may be referred to in Annexure D). The modus operandi to convert the lake
into real estate seems to have been outright encroachment or filling up first with debris
and thereafter occupying the land. Often this has been allowed on the ground that the
occupiers were poor, but no follow up has been done to determine whether this was only
a cover for richer people, as many of the areas that are even now encroachments have
even multi-storeyed houses!
Another important reason for the lake being encroached upon is the lack of a notified city
master plan that regulates land use around the lake. A city “Development plan for the
area comprising the municipal corporation of Hyderabad” was prepared by the Health,
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Without an effective master plan, there is easy scope for making changes in the city’s
land use, particularly if the areas where changes are made are small. This appears to be
one of the principal reasons for the encroachment of the lake and the rapid land use
changes happening around it.
These developments of land grabbing which could not be controlled and the
promulgation of the Andhra Pradesh Urban Areas (Development) Act seem to have
prompted moves by the Government to join the encroachers in the name of development
and beautification. The non-notification of a master plan and zonal development plans,
and subsequent issue of government orders changing land use from water body to
construction of roads, parks etc, without overtly saying so and without proper public
notice or public hearing and also parceling out part of the lake environs to a separate
authority like the BPDA (and through it APTDC) has brought the lake to its present size.
The trend was set by laying the NTR Marg to connect to the flyover, developing Lumbini
Park and the issuing series of Government orders like GO 363 of 23-8-1995 (which
openly changed water body zone to commercial use zone in 4 hectares) and again in GO
775 of 3-3-1997, changing further 26 hectares from part water body and part public/
recreational into entirely recreational use. The latter facilitated the creation of NTR
Gardens and later giving land to Prasads IMax theatre also. These were areas, which had
historically been part of the lake and its foreshore and should have been conserved as
such. In fact the AP Government has admitted that the area reclaimed from the lake for
developmental activities like Necklace Road, STP, Parking lots, Peoples’ Plaza, Lumbini
Park including the laser show, NTR Gardens and NTR Marg is 63.07 acres (25.5 ha). In
addition 0.6 ha was handed over to South Central Railway in September 2001 for
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Encroachments and pollution
construction of MMTS railway station on Necklace Road. This was done by filling up
the area between necklace Road and that point of the railway line.
Another device used for changing land use, even in a water body, was the use of the
powers of Municipal Corporation of Hyderabad (MCH) under section 568 of the
Hyderabad Municipal Corporation Act, read with sections 566 and 567 for allowing the
lake area for cremation of a former Chief Minister and former Prime Minister, ie, by
notifying a part of the lake area as a cremation ground. This violated the spirit of the
orders of AP High Court in WP 25835 of 1996 and 35 of 1997 and got around it by such
notification. Thus the intrinsic powers to change land use without much ado vests in the
government as of now, and there is no adherence even to the guideline of public notice,
leave aside public hearing in dealing with such a valuable common property resource. It
appears the Government has joined those who consider the lake can be encroached if it is
projected as a public cause, even when other avenues or places could support such
activities which erode the beauty, ecology and functional natural use of the people of
Hyderabad for activities like walking, cycling, sailing and giving all of them a
commercial gloss which diminishes nature.
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Chapter 4 Encroachments
The levels of a lake are dealt with in irrigation jargon as those between Full Tank Level
(FTL) and Maximum Water Level (MWL). The lake has a certain capacity (FTL) in the
non- rainy season that is more or less stable. The quantity of water in the tank may vary
though, depending on the rise in bed level, operation of the gates or sluices if any,
evaporation etc. Water stored in the lake above the FTL can go up to MWL, which is
the level at which the bund is still considered to be secure. MWL can also vary
depending on the quantity of inflows, especially in the rains. The area between FTL and
MWL may not have water in the non-rainy season but should be treated as part of the
lake system. Usually this area has some kind of permanent greenery like trees, which are
water tolerant like acacia nilotica (babul) or sometimes pastures.
In villages this area is generally guarded zealously knowing its potential for water
conservation, but unfortunately in towns and cities this is encroached upon in the belief
that the floods will be temporary and the constructions come up. Over a period, the
encroachments become permanent forcing the authorities to change the water regime
itself including FTL and MWL. Encroachments like roads etc, inside the lake also fall
into a similar category. Unless the FTL and MWL are respected and the greenery in the
foreshore and its perimeter protected, there is not much hope of the lake surviving, leave
aside performing its ecological functions.
In the case of Hussain Sagar, sadly, the FTL and MWL were not demarcated over the
years in the water-spread area and this has facilitated shrinkage of the lake. If this
continues and the lakebed level rises, the Hussain Sagar, the oldest lake with such beauty,
may have to be written off like some of the other lakes of Hyderabad.
As already mentioned, petitioners before the Supreme Court had raised the issue before
their Lordships of the area of the lake about which varying accounts were given even in
Courts of law. Thus, in WP 26378 of 2000 before the AP High Court, the area of water
spread of the Hussain Sagar Lake was given as 704.29 hectares at MWL and 576.1
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Encroachments and pollution
hectares at FTL. In WP 21793 of 2001 in the same Court, the Government gave a figure
of 431.58 hectares of water spread. In the earlier case, reference was also made to the
May 2000 notification of HUDA where the area given was 549.32 hectares as per topo
sheet. In some other cases, some other figures were given. In a note given to the
Narendra Luther Commission, HUDA had said that the area of the lake as measured on
the 1914-15 map (known as Hyderabad Municipal Survey map) made by the Public
Works Department of the Nizam’s Government, as measured on the scale 1’’=400’, was
1,450 acres (587.04 ha). This included the area of the lake within FTL, including the two
segments, Kukatpally nala and the Picket nala, separated by the railway line. It may also
be noted that as per the revenue records, the shikam talab (leaving out appurtenant
Government lands in the lake foreshore) is itself 486.59 hectares.
After careful deliberation, the Committee decided that the availability of satellite imagery
should facilitate arriving at the figures of water spread and foreshore of the lake, which
will be shown as vegetative cover or open land. The area so determined would, in
comparison with the figures from earlier surveys, show up the developments, including
encroachments of the lake and the area that needs to be conserved as per FTL and the
criterion of 30 metres mentioned in the HUDA notification of May 2000.
The topographical sheet of 1974 becomes the basis for these calculations as the earlier
maps have infirmities like that of scale, illegible entries etc. The efforts to get the Survey
of India maps of an earlier period of the last century did succeed even as this report was
nearing completion. Three maps of 1919, 1929 and 1965-66 show encroachments on the
Khairatabad side, Raj Bhavan side and Secunderabad side creeping in. In the earlier
maps, the railway line on the west is clearly seen as passing through water. Also, there is
a clear water body between the powerhouse and Mint Compound (now partly NTR
Gardens) and Khairatabad Railway station. There is acceleration of encroachment
between 1930 and 1965, as seen in these maps.
The Committee felt 1974 was a comparatively fair cut off point as the speed of
encroachments and pollution increased rapidly after the 1960’s. Even though satellite
imagery of 1967 from a US satellite is available, this being in black and white with haze,
it becomes difficult to arrive at the precise water spread figures. In its efforts to correlate
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the toposheets to satellite imagery and arrive at the areas, the Committee had the
assistance of the Geomatics Centre of the AP Forest Academy.
The 1974 toposheet showed an area of 571.42 hectares; of which 487.75 hectares had
water and 83.67 hectares were either foreshore vegetation or open or encroached by
structures. The satellite imagery of 1996 (month of November) confirms this total area,
but in it the water-spread area is only 470.8 hectares. Vegetative or open foreshore was
69.69 hectares and structures occupied 30.92 hectares. In February 1997, the imagery
showed water spread of 451.54 hectares. Part of the reduction may be due to the onset of
summer months. The ‘others’ including vegetative cover and structures was 97.78
hectares, yielding a total of 549.32 hectares, which is the figure given in the May 2000
notification of HUDA.
It is in the two decades of 1980’s and 1990’s that the authorities had also joined private
encroachers to start building and filling the lake area. The continuance of these activities
is vouched by the imagery of 2002, which shows water spread of 458.71 hectares.
Vegetative foreshore remained at 69 hectares, but this may include the parks or gardens
created too. The built up areas had increased to 49 hectares by 2002. Part of the
vegetative cover is occupied by gardens like NTR Park which was created on a relatively
high contour, but this also extends to the lower lying areas on which structures like IMax
theatre have come up. NTR Marg, Necklace Road and debris dumping on both the sides
of the road and railway track have also diminished the water spread and foreshore within
FTL.
Treating the area where water was seen as the only area of the lake, ignoring the FTL and
MWL contours was perhaps the reason for the Government stating in its affidavit in WP
21,793 of 2001 that the lake area of 431.58 hectares. The figure of 549.32 hectares given
in the HUDA notification that included the foreshore (not the catchment, which is a much
larger area) was nearer the correct area of the lake as it should be.
The Committee had the benefit of the 2004 satellite pictures. However, the resolution of
the pictures was found to be unsatisfactory to make an accurate determination of the lake
area.
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The committee finds the area of the lake has shrunk to one-fourth its original size. Many
of the areas encroached up to 1960’s and subsequently have become part of the urban
settlement, which have even been regularized, barring for some areas. The Committee,
therefore found it could only report on encroachments that should be dealt with on a
priority basis, and arrive at the area that it would be feasible to conserve now to preserve
the ecological integrity of the lake.
Taking the areas which are clearly encroached and admitted as such and also water
bodies which have been conferred pattas (titles) prior to 1974 or interfered with after that
year and correlating these with the FTL contours, the area of the lake that should be
conserved now at least is arrived at as follows:
4. Encroachments on feeder nalas which have been part of the Lake 13.8 ha
system (Kukatpally S No 194/8/1)
5. Water bodies given as pattas, especially in the foreshore on the directly 5.67 ha
draining area of the watershed on the railway line side (S No 213, 214)
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NTR Garden, NTR Marg, Necklace Road Railway station (up to the railway line part)
and railway line, the STP, Lumbini Park have been left out of the above table as they
were pre-2000 encroachments, not having water bodies or were on highrise foreshore or
were on existing railway line. When these areas are added, the total area will correspond
to the toposheet/ satellite figure of 571 ha that require conservation.
In Section 3.5 the land use changes around the lake have been mentioned. Land use
classification goes primarily by the revenue records and thereafter by executive orders of
the Government. In Hyderabad, the Government orders derive their authority from the
statute book. The AP Urban Areas (Development) Act of 1975 has given this authority.
The HUDA notification of 169 lakes on 4-5-2000 also draws on Sec 48 of the Telengana
Area Irrigation Act 1957F under which even private ownership does not entitle owners to
reclaim or destroy the lakes or use them for phasing and other urban uses. If such rights
do not exist with private owners, it should follow that such rights do not exist even with
public ownership. Therefore, the land classification in and around a water body should
remain that of ‘water body’ (or ‘shikam’ as mentioned in revenue records) with
appurtenant government lands.
Yet the powers under the AP (Urban Areas) Development Act have been used to notify
master plan and zonal development plans for residential, commercial, industrial,
recreational, conservation and other uses like roads etc. The Act of 1975 nowhere
mentions water or water bodies and even ‘land’ has been defined as including ‘ benefits
to arise out of land, and things attached to the earth or permanently fastened to anything
attached to the earth. Neither the Urban Development Authority (Hyderabad) Rules
notified on 21-4-1977 under the Act of 1975 or the Bhagyanagar (now known as
Hyderabad) Urban Development Authority Zoning Regulations 1981 notified on 3-9-
1981 mention water bodies. In the latter ‘water course’, ‘minor water course’ and ‘major
water course’ are defined and refer to storm water carrying channels but there is no
further reference to them except that in the description of ‘Recreational Use Zone’ ‘water
fronts’ are also mentioned.
However in the HUDA map, area notified in GO 381 of 23-6-1980, the word ‘water
bodies’ has been used, and the map shows ‘Osman Sagar’ and ‘Himayat Sagar’ as water
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bodies. In the MCH area ‘Hussain Sagar’ has been shown. In view of the revenue
classification and the provisions of Irrigation Act like the Telengana Irrigation Act, it
appears the clear intention was to have a distinct classification of water bodies like lakes
which would not be subject to the same rules and regulations as other land uses which
can be the subject of changes by Government orders from time to time. The issue of the
notification by HUDA in May 2000 seems to be the result of subjecting lakes and water
bodies to land use regulations.
Yet the Government in their submission before the AP High Court in WP 26378 of 2000
said the notification was not statutory but only ‘an appeal to the inhabitants of the
respective corporations’. This was said in spite of the notification stating that violations
by constructions in and around the lakes would invite prosecution under The
Environment Protection Act of 1986.
It is a recognition of these aspects, which has made the Karnataka Government hand over
114 lakes of Bangalore city to the Karnataka Forest Department following the
recommendations of the Laxman Rao Committee of 1984.
It would be useful at this stage to look at the development plans in and around Hussain
Sagar Lake and their role in resulting in private and public encroachment of the lake as
also altering its ecological role. The first stage of the public plans seems to have been the
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laying of roads. In his note of 3 February 1930 on City improvement schemes for
Hyderabad, Sir M.Visweswarayya, the well-known engineering expert suggested the
completion of the circuit of roads around Hussain Sagar by constructing a loop road
along the water edge at the south end of the tank. The loop road intended by Sir
Visweswarayya is not the one that finally came up. The lake was then a drinking water
source and extended in the south up to the Mint Compound and the water edge beyond
the area now occupied by the NTR Marg, NTR Gardens etc. The Ministers road, as
mentioned earlier, was also an encroachment as there was water body beyond it also.
Then came the Necklace road to the west side when the lake had the Khairatabad flyover
and the Raj Bhavan Road which flanked it until the encroachments came in as described
earlier on that side also. All the newer roads have been laid in such a manner as to draw
the inference that the encroachments on the southern side and western side more or less
got regularized.
The next stage of development was to go beyond the provision of walking path, railings
and benches on all side of the lake and of natural greenery and pastures on the foreshore
up to MWL by developing parks, parking spaces and so on. The assumption seems to
have been that the citizenry of Hyderabad would enjoy more the artificial attractions of a
park rather than the gaze at the lake, the birds and the rocks, enjoying the breeze and the
microclimate. The Sanjeevaiah Park and Lumbini Park cane into being along with the
Buddha statue near it, inside the lake. Boat rides up to the statue by powerboats were
introduced and now big boats ply, which offer other attractions as for picnickers. The
tank bund also got extended to install statues of great people of the State facing the lake
on the other side of the road.
Then came the Necklace Road in the lake to the east and south of the railway line by
filling up and joining up the filled area up to the railway line. Except for the existing
bridges on the Railway line no vents were provided under the Necklace road to facilitate
flow of water. The water ways leading to the lake on the other side of the railway line
were already getting choked by encroachments, some of which had been regularized.
The Necklace Road on an embankment became an encroachment, which facilitated the
subsequent opening of the Necklace Road railway station figuring in the current writ
petition and reclamation for car park, open grounds for public performances, eating-
places. Even the Rock Garden, which had been described as, an ‘Island of Peace’ by a
former Chief Secretary was not spared and is now becoming a pleasure resort called Jala
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Vihar. In parallel came the NTR Gardens after the funeral of late Chief Minister Shri N
T Rama Rao was held there. It has now become a kind of recreational cum entertainment
spot. Beyond this, the area near Khairatabad station which was heavily encroached upon
was joined by the filling up of the foreshore and notifying it for commercial purposes and
now the IMax theatre has been housed in it. The sewage treatment plant has also come
up in the foreshore near the Khairatabad flyover. The water bodies adjacent to this and
the railway track up to Hussain Sagar Junction are also fast vanishing under debris
dumped by various persons and by those claiming ownership of the land.
The creation of the Necklace Road with an embankment structure made the report of M/s
Charles Correa and Associates, a firm of architects, give to the BPDA to whom a part of
the lake was handed over, a plan for beautification of the lake. Their ‘in depth’ study, as
it was described, took the lake to be the centre of an artistic concept to be developed in an
orderly fashion and the available sites developed to their full potential. The land between
the Necklace Road and the lake was treated as Zone 1 the land between the Necklace
Road and the railway line as Zone 2. The architects proposed Zone 1 for outdoor public
facilities such as entertainment, food, recreation and culture. Zone 2 was for convention
centre, museum, amusement park etc, to serve educational and recreational needs. The
consultants felt that the lake and its environs have the potential and size to fit the role of a
public plaza and serve as a symbol of the city. The implicit assumption seems to have
been that the lake itself was not necessarily a symbol for the city.
A master plan was drawn up and an environment impact study entrusted to the JNTU
Centre for Environment. The study mentioned inter alia, that while the impact will be
nil in the construction phase, it would be slightly negative in the operational phase. The
report does not seem to have considered the possibility of further filling up of the lake as
a result of these developments and may have assumed this would not happen. The report
was not fully accepted by the Technical Committee of the AP Pollution Control Board
(APPCB) to whom matters went on the directions of the AP High Court in W.P 26378 of
2000. The court directed no further permanent structures including those involving
commercial activities may be allowed to be raised on or near the water spread or
catchment area (presumably foreshore area within 30 meters from FTL or MWL).
However the court allowed the other activities like construction of an amusement park
subject to the APPCB going into all aspects and certify that such activities for the
purpose of encouraging tourism would result in only sustainable development, which
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would not create any ecological imbalance. The APPCB Technical Committee wanted
full picture of the impacts to conclude that the developments are sustainable. Over a
period the APPCB itself laid some conditions and the reports indicate there have been
infractions, which have not been acted upon.
Thus the stipulation that entrances to the NTR Garden and IMax theatre should not be
from NTR Marg has not been adhered to. Studies on the ambient increase in air pollution
as a result of all the projects have not been completed and in the meanwhile the projects
have come up. Treatment of sewage and dredging suggested are yet to be acted upon.
The APPCB has not given a clear chit to the Food Court (Eat Street) and Jala Vihar on
the Necklace road where stipulations have not been complied with and as noticed by the
Committee itself there has been further encroachment into the lake by dumping, creating
cantilever hangings etc, and permanent structures created.
The statements of the project proponents routed through the Tourism Development
Corporation have been accepted, eg, when the APPCB found evidence of tree felling in
Jala Vihar the project proponent claimed they had only removed shrubs and no enquiry
was made into this, especially when the bird lovers and others have noticed felling of
trees earlier used by birds. Even near the BPDA office and laser show area, further
encroachments have been made to create car parks etc. The latest development was the
cremation of the late Shri P V Narasimha Rao, former Prime Minster of India on the
Necklace Road and building a Memorial on the lakeside. Several amusement ideas have
been floated by an architect in the Sanjeevaiah Park, and press reports have also appeared
about an underwater park and railway to Buddha statue and Lumbini Park etc. All these
are not even on the waterfront, but in the water.
It is clear that development plans treating the Hussain Sagar almost like any piece of land
have been on the increase since 1981-82. These are listed below as given by the BPDA/
HUDA authorities.
Project Year
Already implemented
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Planned
Acres
Some developments not mentioned include filling up area near Minister’s road, attempted
embankments on this side and near Khairatabad flyover and extension of construction
activity into this pond near the flyover as also filling up to create car park in front of
IMax theatre etc. Debris dumping on Kukatpally nala area and on the sides of the railway
stations and railway line, and between Necklace Road and Hussain Sagar Lake are also
noticed and it is not clear which of the activity is authorized.
A view on all of these developments in terms of their encroaching and polluting status
will have to be taken if a clear message on sustainable development has to be sent across,
especially as these have come up after the enactment of all environmental laws in the
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Chapter 5 Pollution
The lake waters were used for drinking from 1894 till about the 1930s. This indicates
that the water quality was potable till then. The water quality started deteriorating since
about 1950 due to rapid urbanization of Hyderabad city. During the decade of the 1960s,
Hyderabad saw rapid industrialization occurring in its outskirts. The effluents from many
of these industries flowed into the lake.
The nature of the pollutants flowing into the lake is a mix of untreated sewage and
industrial effluents. The main pollutants in the lake today are: biological oxygen
demand (BOD), chemical oxygen demand (COD), total dissolved solids (TDS), heavy
metals (carcinogenic—hexavalent chromium, cadmium, nickel, arsenic; non-carcinogenic
but highly toxic—mercury, lead, manganese), coliforms and pesticides (DDT, lindane,
monocrotophos, endosulfan, chlopyriphos, chlorophos). Poly-aromatic hydrocarbons and
trace organic compounds, including aliphatic and aromatic compounds have been found
to be present in the lake. The lake’s water quality, monitored over time, is given in the
table below.
Hussain Sagar Lake water quality
Sl. Parameter
1985 1988 Nov 97-Oct 98 Feb 2000 July 2005
No
APPCB OU NEERI NEERI APPCB
1 pH 8.0-8.1 7.5-8.7 7.8-9.1 8.6-8.7 8.08
2 Suspended
10-20 20-120 14-47 34-40 --
Solids (mg/l)
3 Phosphates
0.5-0.8 1.1-3.3 1.7-3.9 0.9-1.1 1.3-1.6
(mg/l)
4 TKN (mg/l) 0.9-1.8 -- 5.6-54 30.2-31.3 --
5 COD (mg/l) 56-160 88-410 76-203 66-68 --
6 BOD (mg/l) 21-56 16-120 20-48 16-20 12-18
Despite the lake being shallow, anaerobic conditions prevail at the lake bottom,
indicating an absence or near-absence of dissolved oxygen (DO), and consequently the
presence of hydrogen sulfide (H2S) accompanied with bad odour. The table indicates
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that recent measures have improved the water quality of the lake, but it is yet to meet
the Central Pollution Control Board’s (CPCB) most relaxed water quality standard,
ie, for propagation of wildlife and recreational use.
Several studies have been initiated since 1956 on different aspects of the Hussain Sagar
Lake, resulting in taking measures to improve water quality and aesthetics of the lake. In
1978, an AP Government recommended several measures to mitigate the pollution in the
lake, in addition to other works such as laying ring roads along the periphery of the lake,
development of a museum, park and boat clubs.
In 1981, another committee constituted in 1981, presented a report to the Rajya Sabha
stressing the need to prevent pollution of the lake, and recommending several mitigation
measures included laying the duplicate “K” main (sewer) to tackle the pollution problem
in the lake and also dredging of the lake.
AP Pollution Control Board (in December 1985) and the Zoological Survey of India (in
1986-87) monitored the lake water quality and sediment. Osmania University and AIC-
Watson also analyzed water samples from the inlet nalas at the entry points of the HS
Lake. Various agencies organized extensive studies during 1986-1993 aimed at
rehabilitation and strengthening of existing sewerage system.
All these studies have established that the HS Lake is highly polluted due to the
discharge of untreated domestic wastewaters through Picket, Banjara and Balkapur
nalas and wastewaters from a number of industries located at Jeedimetla,
Balanagar and Sanathnagar through the Kukatpally nala. A considerable volume of
domestic wastewater was discharged directly into the lake from the surrounding
residential areas on the foreshore of the lake. Further, washing of clothes, vehicles,
animals and immersion of Ganesh idols (chemicals used to paint the idols contain toxic
chemicals) every year in the lake has added to the pollution loads. The lake experiences
anaerobic conditions. With the continuous discharge of industrial wastewaters and
sewage into the lake, there has been an accumulation of toxic heavy metals such as
nickel, lead, cadmium, etc. in the lake sediments. Past studies have also indicated
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bioaccumulation of toxic heavy metals in the body tissues of fish, particularly in the
brain. In the light of these findings, fishing in the lake was banned.
In 1992, M/s AIC, in their study for HMWSSB titled “Conceptual Design Report on HS
Lake Protection” identified various activities responsible for the pollution of the lake, and
suggested following improvements for rejuvenation of the lake: a) Diversion of
industrial wastewaters away from the lake, b) Diversion of domestic wastewaters
presently entering the lake through the various nalas, c) Provision of adequate treatment
to a part of domestic wastewater, which is to be discharged into the lake to maintain the
hydrology of the lake. The consultants recommended lake rejuvenation in two phases:
Phase-I: Diversion of dry weather flows from the four nalas and treatment of a part of
the domestic wastewater and returning it to the lake to maintain the hydrology of the lake
so as to eliminate smell nuisance and minimize mosquito breeding, Phase-II: The
pollutants get washed out in each monsoon, improving the water quality and lake
aesthetics. A complete cleanup of the lake is expected to take about five monsoon
seasons after the dry weather flow is diverted from the lake and the upstream sewerage
system is remodeled.
A 20 MLD sewage treatment plant (STP) has been installed for treating part of the
sewage now reaching the lake through the Balkapur and Banjara inlet nalas, and then
discharging the treated waters in to the lake to maintain its hydrology.
Between 1995 and 1998, HMWSSB implemented the following measures to rejuvenate
the lake:
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• Diversion of 6 mld of domestic sewage from the cantonment area through Picket nala
to the duplicate 'K&S' main at Minister's road by pumping. The diversion was
completed in June 1997 and pumping commenced from December 1997.
• Diversion of dry weather flows in the Yousufguda nala to the duplicate 'A' main at
Divyasakthi apartments. The diversion has been completed.
• Diversion of the Banjara nala flows (6 mld) from Banjara hills; Panjagutta and
Somajiguda to the 20 mld sewage treatment plant via the duplicate 'A' main. The
effluents will be diverted to the 'A' main sewer.
• Diversion of the Balkapur channel flows (13.3 mld) from Khairatabad and
Chintalbasthi to the duplicate 'A' has been completed in May 1998. The construction
of 20 mld sewage treatment plant has been completed and the Balkapur channel flows
through the 'A' main were diverted into the STP from May 1998. The STP is in
operation since May 1998.
In one of the meetings that the Committee had with AP Government officials, the
APPCB representative admitted that it is possible that industrial effluents and
domestic sewage still flow into the lake.
The pH of the lake waters were in acceptable range at all the locations and was around
9.0 during summer due to increased algal activity. The BOD in the lake water varied
between 20-48 mg/l, and COD varied between 76-203 mg/l. Nutrient levels were very
high. The range of observed values of total phosphorous chlorophyll-a and secchi depth
indicated that the Hussain Sagar Lake is in an advanced state of eutrophication.
Polynuclear aromatic hydrocarbons were detected in the lake water along with trace
organic compounds including aliphatic and aromatic hydrocarbons and their derivatives.
Despite the shallow depth of water, anaerobic conditions prevailed in the bottom
layers of the lake as indicated by low DO/ absence of DO and the presence of H2S in
some locations with bad odour. The characterization of sediments at the various
locations in the lake confirms significant accumulation of heavy metals, nutrients
and pesticides.
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Analysis of water samples collected from the lake during February 2000 shows that there
is an improvement in the water quality compared to October 1998 in terms of BOD, COD
and Phosphorous level. The 20 mld STP is working satisfactorily in terms of suspended
solids, BOD and COD removal. However it observed that the total nitrogen and
phosphorous level in the treated wastewater that enters into lake is high which encourage
algal growth and cause eutrophication.
Over time the lake sediment has become a repository of various pollutants, including
heavy metals, nutrients and pesticides. These toxins are transported back and forth
between the lake waters and sediment.
The lake receives two types of solid wastes. The first type is packing of consumer
articles—plastic containers and packings, glass bottles, tetra-packs, tins and other
garbage.
The second type is Ganesh idols that are immersed every year after Ganesh Pooja. It is
reported that this year the number of idols immersed in the lake was about 13,000 of
more than 2.5 m height, and the total was about 25,000. The maximum idol size
exceeded 14 meters height in this year. The average size and number of idols going into
the lake have been increasing every year. About 10-15 jumbo cranes were used to lower
the idols on the eastern and southern side of the lake this year.
Large idols have steel frames. The paints used on the idols have many toxins in them,
including heavy metals. The idols pollute the lake waters and sediment with plaster of
paris, steel frames and heavy metals, including carcinogens like arsenic, cadmium and
nickel. From the data provided by APPCB on heavy metal concentrations in the lake
waters and sediment before and after Ganesh immersion, it is evident that this activity
adds to lake pollution.
Based on available information and site inspections conducted by the Committee, along
with officials of various AP Government Departments, it has been confirmed that a
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considerable quantity of domestic and industrial wastewater enters the lake through
various inlet nalas.
Domestic wastewaters are from unsewered colonies along the nalas as well as from low-
income group colonies located along the foreshore of the lake. Other activities, eg,
clothes washing, garbage dumping, cattle and human bathing (done particularly on the
northern shore of the lake), also pollute the lake. The Picket, Balkapur and Banjara nalas
discharge only domestic sewage. Industrial effluents usually come into the lake through
the Kukatpally nala from industries located in industrial areas upstream of this nala. The
industrial wastewaters that come through nala are usually at low pH and have high TDS.
They mix with some amount of domestic sewage before entering the lake.
Theoretically, these wastewaters are supposed to have been diverted away from these
nalas. In reality, some quantities still flow through these nalas. Sediments from the lake
bottom are also a major cause for keeping the lake polluted. The lake is shallow and the
sediments are in constant circulation, thus causing pollution of the lake waters. This
phenomenon makes restoration of the lake waters more difficult and time consuming.
The aquatic ecology of the Hussain Sagar has not been properly studied. A recent study
of the aquatic ecology of the lake done by a research scholar made her conclude that the
presence of the species Arthrospirs, Oscillatoria and Nitzschia in the lake in “large
numbers indicated the polluted nature of the lake.” These species survive well in
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Encroachments and pollution
eutrophic and organically polluted habitats. Hence, they are considered to be indicator
species.
In 1995-97, about 5 lakh cubic meter material has been dredged out from Hussain Sagar
Lake to form a Green belt portion of Necklace Road, and in 2004, another 27 thousand
cubic meter material has been dredged out and filled in between railway track and
Necklace Road from Bridge 5 to APSEB sub-station, a distance of about 250 m. The
work was stopped on the orders of the AP High Court as the lands identified for filling
the dredged material were under litigation.
Dredging of sediments and proper disposal will result in the restoration of lake water
quality in shorter time. However, considering the cost of the massive volume of
sediments to be dredged and safely disposed, and the health risk involved in disposal, this
option is not viable.
By allowing the sediments to remain at the lake bottom, restoration of the lake water
quality will take longer due to constant recirculation of solids in the shallow lake waters.
However, the process of self-purification will clean the lake, though over a longer time
than if the sediments were dredged out. This process is contingent on no further
pollutants entering the lake. Even though this process will take a longer time, it is the
only practical available option. It is therefore recommended that:
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1. Immediately take all the steps to stop the dry weather flow consist of domestic
wastewater and industrial wastewater that enters in to the lake.
3. Provide tertiary treatment facilities for the removal of phosphorous and nitrogen at 20
mld STP.
4. Maintain inlet nalas in pollution free conditions and provide the mesh at the inlet
points of the lake to prevent debris enter into the lake.
An idea of the impact on pollution of the lake due to lower income group colonies around
it not having proper facilities comes out in the findings of EPTRI. As a part of the EIA
for the proposed dredging of sediment from Hussain Sagar Lake, done for HUDA in
November 2004, EPTRI did a socio-economic survey of 16 lower income group colonies
around the Hussain Sagar Lake. The findings of the study are provided in the annex and
summarized below:
Demography: Most of the colonies were about 25-30 years old. Some were much older.
Most of them had populations ranging between 500-2,000. A few had larger populations.
Education and occupation: Most of people living in these colonies were working as
labour, maids, etc. Some were petty vendors, auto/ car drivers, blue-collar workers, etc.
Education levels in most colonies were neither low nor high. A few colonies, particularly
towards the southeast and west of the lake had higher educational and income levels.
Infrastructure: All colonies had semi-pucca housing, drinking water and power. Most
colonies had open drains, though a few had closed ones. Drains in many colonies were
not in good repair. The colonies to the east of the lake had better infrastructure facilities
than those on the west.
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Hygiene and sanitation: Most colonies had some individual and some public toilets.
One colony had 100% of its houses with individual toilets and another colony had no
toilets—individual or public—at all. Public toilets were inadequate, and where they
existed, were inadequately maintained. Sanitation was generally not good. This forced
people to defecate in and around the lake and the nalas leading to the lake. In some
colonies drinking water gets mixed with drainage water.
Solid waste disposal: While many colonies (particularly the ones to the east of the lake)
had some kind of solid waste collection system, many others did not. Solid wastes are
often dumped on vacant land or into the lake or nalas leading to the lake.
Health: Incidence and prevalence of malaria is high in almost all colonies. The cause
for this was ascribed to mosquito swarms being present around the lake. One colony on
Lower Tank Bund Road reported a high incidence of water-borne diseases.
Action plan desired by colony residents: The colony dwellers stated that they wanted
the following: 1. Toilets and proper maintenance for them, 2. Clean the nalas, 3. A
good system for collecting solid wastes, 4. Good drains and proper maintenance for
them, 5. Construction of walls along the nalas so that storm water does not enter the
colonies.
Conclusions: 1. Malaria incidence is high because small stagnant pools of water bodies
have been created on parts of the lake bed that are in the process of being encroached, 2.
Improving sanitation and solid waste collection in the colonies around the lake can easily
eliminate non-point source pollutants around the lake, 3. Ensuring that colony residents
get potable water that is not mix with water from drains can eliminate water-borne
diseases.
The Committee noticed during various inspections certain other problems that have a
bearing not only on the pollution of the lake, but also the health and welfare of the lower
income groups living around the lake. The committing of nuisance on the railway line
and the lake foreshore was noticed. Littering of the lake waters unobtrusively such that
blame could not be put on anyone. As pointed out by Courts, the immersion of idols
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creates its own problems. Apart from impact on water quality, the immersion of idols
only in Hussain Sagar Lake obstructs normal vehicular traffic, increases noise
considerably at night during the 10 day Ganesh Pooja period. All this disturbs the rhythm
of lake users—regular and casual.
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Annex: Socio-economic survey of lower income group colonies around Hussain Sagar Lake
Colony name Populat Education & Solid waste Incidence Requirements as stated by
Age Infrastructure Hygiene & sanitation
& location ion occupation disposal of diseases colony residents
Brahmanwadi, 30 680 • Edu—Med • Semi-pucca hsg • Public toilets nil • Earlier, disposed • Malaria low • Public toilets
Begumpet • Occ—Labour • Drinking water • Some individual toilets into adjacent nala • Approach road
available • Open defecation around • Now, collected by
• Power available lake & nalas leading to tricycle
• Open drains lake
Ambedkar Nagar, 60 1,500 • Edu—Low • Semi-pucca hsg • Public toilets available • Earlier, disposed • Malaria high • Public toilets
Hussain Sagar • Occ—Labour • Drinking water but not cleaned regularly into adjacent nala • Individual toilets
Lake available • Some individual toilets • Now, collected by • Approach road
• Power available • Defecation in open areas, tricycle • Regular collection of solid
• Open drains around lake & nalas • Dustbins waste
leading to lake available
Alamthota Bhavi, 20 2,840 • Edu—Low • Semi-pucca hsg • Most houses have • Collected by • Malaria high • Good drinking water
Mayur Nagar (near • Occ—Labour • Drinking water individual toilets tricycle • Offensive smell from
Kukatpally nala) available • Drainage water mixing Kukatpally nala requires
• Power available with drinking water control by filter beds
• Drainage not good • Regular collection of solid
waste
Vengal Rao Nagar, 40 800 • Edu—Med • Semi-pucca hsg • Public toilets only • Dumped into • Malaria high • Individual toilets
Minister Rd. • Occ—Dhobis • Drinking water • Drainage water mixing nearby vacant • Filter beds to clean nala
(earlier they available with drinking water land & into nala • Good drinking water
were dependent • Power available • Regular collection of solid
on the lake, • Open drains waste
now have dhobi
ghat), labour,
petty vendors
Old Custom Basti, 60 1,800 • Edu—High • Semi-pucca hsg • Some individual & public • Collected by • Malaria high • Public toilets
Begumpet Nagar • Occ—Labour, • Drinking water toilets available tricycle • Retaining wall along nala to
(near Kukatpally Blue-collar available • Sulabh sauchalaya be constructed to prevent
nala) workers, • Power available • Open defecation in open water coming into colony
drivers, • Closed drains areas, around lake & • Municipal water mixes with
nalas leading to lake drainage water
• Regular collection of solid
waste
Mathaji Nagar, 30 1,400 • Edu—Mod • Semi-pucca hsg • Some individual & public • Dumped on • Malaria high • Individual & public toilets
Begumpet (near • Occ—Labour, • Drinking water toilets available vacant land • Regular collection of solid
Kukatpally nala) Blue-collar available • During monsoon, waste
workers • Power available Kukatpally nala water • Retaining wall along nala to
• Drains exist enters the colony be constructed to prevent
• Municipal water mixes water coming into colony
with drainage water
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The lake waters and sediment contain concentrations of heavy metals and pesticide
residues that are highly toxic to humans, cattle and aquatic life. Some of these chemicals
are carcinogenic—hexavalent chromium, cadmium, arsenic, nickel, DDT, lindane.
Others are highly toxic, particularly through certain routes—mercury (ingestion of
contaminated fish), manganese (ingestion of contaminated water), etc. To understand the
risk they posed to human health, the Special Committee on Hussain Sagar Lake did risk
analysis.
The average concentrations of heavy metals and pesticides in the lake waters and
sediment at Kukatpally nala inlet and Sanjeeviah Park, sediment opposite NTR Garden
and ground water at Lower Tank Bund Road, are given in Table 6.1.1 (see Fig 6.1.1).
Lake waters at Kukatpally nala and Sanjeeviah Park were chosen for doing risk analysis
as the maximum concentrations of heavy metals were found to be at the Kukatpally nalla
inlet, and the maximum exposure to lake water by humans and cattle was at Sanjeeviah
Park, as people and cattle from a nearby slum swim and bathe daily in the lake at this
point. Heavy metal concentrations at other monitoring stations lie between those at
Kukatpally nala and Sanjeeviah Park. Hence, risk caused by heavy metals at these two
stations defines the upper and lower ends of toxic risk the lake pollutants pose to human
health. Variation in pesticide residue concentrations was less marked than that of heavy
metals, so station selection for them was less critical.
Using the concentration data in Table 6.1.1, exposure and risk assessments were done for
several pathways. Though risk is generally treated as being chemical and exposure route
specific, in some situations such as the current problem, eg, when many chemicals
produce the same toxic effects regardless of route, combined risks may be computed for
understanding the problem better. Uncertainty analysis provides the band within which
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risk may lie. Tables in this report have provided combined risks across routes and
chemical exposures to give the reader an idea of what may be the magnitude of the
combined risk, without necessarily considering the synergistic nature of the risks.
Lifetime cancer risk (the probability of that a person would develop cancer in an
exposure period of 30 years) for a particular exposure is considered to be not low in many
north nations if it >1x10-6 (one in a million). Using this yardstick, lifetime cancer risk for
eating lake fish is extremely high (7x104—1.2x106 in a million) due to organo-chlorine
pesticide residues being present in the lake sediment.
A hazard quotient (HQ), the sum of the individual hazard indices (HI—the ratio of the
potential exposure to the agent to an exposure that is assumed not to be associated with
toxic effects), is considered to be not low if it is >1. Using this yardstick, non-cancer
toxic risk due to eating lake fish is extremely high (6500—55000) due to the presence of
mercury, chloropyriphos, arsenic, DDT and cadmium in water, and significant for
drinking lake water (9—15) due to the presence of manganese, arsenic, mercury and
chloropyriphos in lake waters.
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Swimming in the lake (cancer risk ≤35x10-6, non-cancer risk ≤1.67), bathing with lake
water (cancer risk 3—24x10-6, non-cancer risk ≤1.41) and eating fruit or vegetable
irrigated with lake waters (cancer risk 1—34x10-6) have an elevated risks associated with
them due to presence of DDT, manganese and chloropyriphos concentrations in the
water. Exposure to lake water for continuous and prolonged periods in confined spaces
causes a borderline risk (1—5x10-6), as DDT is present in water.
The profile of cancer and non-cancer risks due to polluted lake waters and sediment at
Sanjeeviah Park and due to contaminated sediment in the lake opposite to NTR Garden is
almost the same as that of Kukatpally nala inlet (see Tables 6.1.4 through 6.1.6). It can
then be said that the risk profile prevalent at Kukatpally nala for exposures through
various pathways generally holds for entire lake.
Manganese is responsible for an elevated non-cancer toxic risk in the ground water at
Lower Tank Bund (see Table 6.1.7).
6.1.3 Conclusions
The lake water poses cancer and non-cancer risks varying from extremely high to
borderline for various pathways. DDT and lindane are the primary cancer causing
agents, whereas mercury and manganese caused the primary non-cancer toxic risks.
Cancer and non-cancer risk hierarchy for various exposure pathways, and the agents
primarily responsible for these risks is given in Table 6.1.8, and summarized below.
Extremely high cancer and non-cancer risks: Cancer and non-cancer risk was found
to be very high if lake fish were eaten. This is due to the presence of DDT and lindane
residues in the lake sediment.
Significant non-cancer toxic risk: Non-cancer toxic risk was found to be significant if
lake water is drunk as it contains manganese, arsenic, mercury and chromium.
Elevated cancer and non-cancer risks: Swimming in the lake and bathing with lake
water caused elevated cancer and non-cancer risks. The primary agents for causing
elevated cancer risk were DDT, and the primary agents for elevated non-cancer toxic
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risks were manganese, DDT and chloropyriphos. DDT also caused an elevated cancer
risk if fruit or vegetable irrigated with lake water were consumed.
Manganese caused an elevated non-carcinogenic risk if the ground water at Tank Bund
Road was ingested.
Borderline cancer risk: DDT in the lake water caused a borderline carcinogenic risk to
persons exposed to lake water continuously and for prolonged periods in confined spaces.
6.1.4 Inferences
The lake waters are currently not considered as potable. Lake fish are however still sold,
and the lake is used on the northern side for swimming and bathing. On this side, cattle
are allowed to enter the lake, and their milk is sold commercially. The lake water is used
for gardening at various places—Tank Bund, the South Central Railways, etc. It is
therefore possible that humans consume fruit and vegetables grown with lake-irrigated
water. Lastly, the lake may cause a borderline cancer risk (not considered low) even
if its waters run in a confined space and people are present in such confined spaces.
Constructing a 2.5 km long earthen bund on the eastern side formed the Hussain Sagar
Lake. In the mid 1980s, Government of Andhra Pradesh built a retaining wall at the back
of the bund, and the gap between the bund and the wall was filled with earth to provide a
little additional space on top of the bund to erect statues.
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A former Chief Engineer of Public Health had objected to the retaining wall on
grounds that it would obstruct water seepage (normal to earthen bunds) by building
up pressure inside, which in turn can destabilize the bund. The former Director, AP
Engineering Research, as well as two irrigation engineers who were asked by AP
Government to examine this issue upheld his objections.
About a year back a flyover was built from the Secretariat to Lower Tank Bund Road.
On the Lower Tank Bund side, the flyover hugs the retaining wall at the back of the
bund. There was an objection to the flyover on grounds that vibrations caused by
vehicular traffic on it are may weaken the retaining wall. If the wall collapses, the
accumulated water and slush inside the bund may gush out and breach the bund. A dam
burst would put lakhs of people living between Hussain Sagar Lake and the Musi
River to enormous risk.
From anecdotal information the Committee has learnt that a dam breach may have
occurred at least once in the past, probably in 1887. Reference to this has apparently
been made in an Urudu manuscript titled “Bostana e Asafia Vol 2” by Manak Rao Vithal
Rao Jagirdhar. The breach is supposed to have damaged downstream structures. In
1903, there was an apprehension of a breach and a nala was dug at Sapurwadi to carry
excess water. This information requires verification.
It is pertinent to draw attention to Secn 50(1)a of the Andhra Pradesh (Telangana Area)
Irrigation Act, 1357 Fasli, which states that “Whoever without the permission of the
competent officer: (a) …..endanger the stability of any irrigation work; …. Shall on
conviction before a Collector be punished with a fine .…”
The lake and its inlet and outlet watercourses have been encroached upon. This has
decreased their capacity to handle floodwaters, consequently has increased the risk
of flooding after heavy rains. Hyderabad experienced this situation in the year 2000.
Excess water from the lake filled the Gandhinagar waste weir to the brim, flooded the
surrounding areas, damaged its banks and washed away automobile garages and other
structures on them. Several poor families were affected. After heavy rains in July 2005,
there was an apprehension that a similar situation may occur.
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The following are violations of the Andhra Pradesh (Telangana Area) Irrigation Act,
1357 Fasli:
1. Closure of the waste weir at the southern end of the bund, across the MCH Office.
This violates Secn 38 that deals with interference with canal works.
2. Retaining wall built by Hotel Viceroy in the water way (surplus course) below the
main weir at the northern end of the bund. This violates Secn 50(1)c(ii)) that deals
with creating obstructions to the free flow of water.
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Data provided by APPCB for seven monitoring stations in the Hussain Sagar Lake
indicates that the pH of the lake has dropped in all stations from the range 7.5—8.5 to
7.0—7.5 between 1999 and 2004. APPCB states that this may have been caused by an
increase in phosphates and nitrates ions in the lake and release of carbon dioxide due to
eutrophication of the lake.
For a five-year period the drop in pH is quite sharp and may not be fully explained by
APPCB’s statement. The eutrophication of the lake has been retarded in recent years;
hence the production of carbon dioxide in 2004 should be less than what it may have
been in 1999.
Hyderabad is one of the fastest growing cities in India. Hyderabad’s current vehicle
population is 16 times greater than its population in 1980-81, when it was one lakh, ie,
the growth was 12.78% per annum (see Table 6.4.1). The Hussain Sagar Lake is at the
centre of the city with the central business district (CBD) having developed right around
it. As with CBDs all over the world, the maximum trip density is to and from a CBD.
Traffic on roads around the lake has multiplied manifold over the years. The acidic
gases (NO2 and SO2) that vehicles release may have played a significant role in
decreasing the lake water pH. Decrease in lake water pH due to acidic gases has been
observed in many parts of the world.
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Table 6.1.1 Average concentrations of chemicals in the Hussain Sagar Lake waters/
sediment and ground water in hydraulic gradient from lake
Notes: APPCB provided data for Cu, Zn, Mn, Hg, Ni, Cd in lake water and sediment. Average
monthly concentrations of chemicals in water are for 28 months Jan 2003—Jun 2005. Average
concentrations of heavy metals in sediment samples were taken a day before and a day after
Ganesh immersion during the years 2002-04.
Data for As, Cr, and pesticides in lake waters and sediment were taken from their report
“Environmental Monitoring of Hussain Sagar Lake Water and sediment”, June 2000 prepared
by NEERI for HMWSSB. Data is an average of 12 monthly samples for the period Nov 1997—
Oct 1998.
Ground water quality data is from Environmental Protection Training & Research Institute’s
report “EIA for proposed dredging of sediment from Hussain Sagar Lake”, Nov 2004.
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Table 6.1.2 Lifetime cancer risk* due to potential chemical exposures in lake waters and
sediment at Kukatpally nala
Exposure Drink Eat lake fish Swim in Eat lake Bathe Exposed Cancer risk
pathway lake (x10-6) lake water with lake to lake by chemical
water (x10-6) irrigated water water in (x10-6)
(x10-6) fruit/veg (x10-6) confined
(x10-6) spaces
(x10-6)
Medium Water Water Sediment Water Water Water Water All
DDT <0.1 – 1 10 – 400 104 – <0.1 – 30 1 – 30 3 – 20 1–5 104 – 3x105
3x105
Lindane 1–7 16 – 600 6x104 – <0.1 – 5 <0.1 – 4 <0.1 – 3 6x104 –9x105
9x105
Cancer risk 7x104 – 7x104 –
1–8 26 – 1000 <0.1 – 35 1 – 34 3 – 23 1–5
by pathway 1.2x106 1.2x106
Notes: * Lifetime cancer risk—is expressed as the probability that a person would develop
cancer in an exposure period of 30 years. For example, the probability of developing cancer
due to eating lake fish is between 16 and 600 in a million due to exposure to Lindane being
present in the lake waters. This is in addition to getting cancer from other causes. However, in
view of the uncertainties associated with such risk estimates, they should always be interpreted
as general indicators, rather than precise estimates. Lifetime cancer risk for a particular
exposure is considered to be not low in many north nations if it >1x10-6 (one in a million).
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Table 6.1.3 Non-cancer toxic risk** due to potential chemical exposures in lake waters and
sediment at Kukatpally Nala
Exposure Drink Eat lake fish Swim in Eat lake Bathe with Global
pathway lake (HI) lake water lake water Hazard Index
water (HI) irrigated (HI) by chemical
(HI**) fruit/ veg
(HI)
Medium Water Water Sediment Water Water Water All
Zinc 0.03 – 0.07 0.01 – 0.08 <0.01 – 0.04 – 0.19
0.04
Manganese 7.0 – 10.0 0.02 – 0.7 7.02 – 10.7
Mercury 0.4 – 1.0 10.0 – <0.01 – 10.4 – 101.05
100.0 0.05
Nickel 0.01 – 0.02 <0.01 – 0.01 – 0.04
0.02
Cadmium 0.3 – 0.6 0.1 – 1.0 <0.01 – 0.4 – 1.64
0.04
Arsenic 1.0 – 3.0 0.3 – 3.0 0.03 – 0.1 1.33 – 6.1
Chromium 0.1 – 0.2 0.01 – 0.1 <0.01 – 0.11 – 0.31
0.01
DDT <0.01 – 0.6 – 5.0 500 – 5000 0.1 – 0.4 0.06 – 0.4 0.1 – 0.2 500 – 5000
0.01
Lindane 0.02 – 0.04 0.1 – 1.0 1000 – <0.01 – <0.01 – 0.02 0.01 – 1.01 1000 - 10000
10000 0.03
Endosulfan 0.01 – 0.1 5000 - 5000 - 40000
40000
Chlopyriphos 0.03 – 0.07 0.7 – 6.0 0.2 – 2.0 0.01 – 0.3 0.07 – 0.5 0.1 – 0.2 0.91 – 7.07
Global HI by 11.82 – 6500 —
8.9 – 15.11 0.16 – 1.67 0.13 – 0.92 0.21 – 1.41 6500 - 55000
pathway 116.2 55000
Notes: ** A Hazard index (HI) is the ratio of the potential exposure to the agent to an exposure
that is assumed not to be associated with toxic effects (the exposure at which no toxic effects
have been known to occur). A Hazard quotient (HQ), the sum of the individual HIs for exposure
scenarios for each chemical, is considered to be not low if it is >1.
Table 6.1.4 Lifetime cancer risk due to potential exposures to lake waters and sediment at
Sanjeeviah Park
Exposure Drink Eat lake fish Swim in Eat lake Bathe Exposed Cancer risk
pathway lake (x10-6) lake water with lake to lake by chemical
water (x10-6) irrigated water water in (x10-6)
(x10-6) fruit/veg (x10-6) confined
(x10-6) spaces
(x10-6)
Medium Water Water Sediment Water Water Water Water All
DDT <0.1 – 1 10 – 400 104 – <0.1 – 30 1 – 10 1 – 20 1–4 104 – 4x105
4x105
Lindane 1–8 5 – 200 9x104 – <0.1 – 4 <0.1 – 2 <0.1 – 4 9x104 –106
106
Cancer risk
1–9 15 – 600 105 – 106 <0.1 – 34 1 – 12 1 – 24 1–4 105 – 106
by pathway
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Table 6.1.5 Non-cancer toxic risk due to potential chemical exposures in lake waters and
sediment at Sanjeeviah Park
Exposure Drink lake Eat lake fish Swim in Eat lake Bathe with Global
pathway water (HI) lake water lake water Hazard Index
(HI**) (HI) irrigated (HI) by chemical
fruit/ veg
(HI)
Medium Water Water Sediment Water Water Water All
Zinc <0.01 –
<0.01 - 0.01 <0.01 – 0.02
0.01
Manganese 0.4 – 1.0 0.4 – 1.0
Mercury 0.3 – 0.6 8.0 – 70.0 8.3 – 70.6
Nickel 0.01 – 0.03 0.01 – 0.04 0.02 – 0.07 0.04 – 0.14
Cadmium 0.06 – 0.1 0.03 – 0.3 0.09 – 0.4
Arsenic 1.0 – 3.0 0.4 – 4.0 <0.01 – 0.2 1.4 – 7.2
Chromium <0.01 –
0.06 – 0.1 0.06 – 0.15
0.05
DDT <0.01 –
0.1 – 0.2 700 – 6000 0.01 – 0.3 0.03 – 0.2 0.1 – 0.2 700 – 6000
0.01
Lindane 2000 – <0.01 – <0.01 –
0.01 – 0.03 0.1 – 1.0 <0.01 – 0.1 2000 – 20000
20000 0.02 0.01
Endosulfan 6000 –
0.01 – 0.02 6000 – 60000
60000
Chlopyriphos <0.01 – <0.01 – <0.01 –
0.1 – 1.0 0.2 – 2.0 0.02 – 0.03 0.22 – 3.14
0.01 0.05 0.05
Global HI by 15000 -
1.85 – 4.91 8.74 – 76.6 0.03 – 0.64 0.03 – 0.35 0.12 – 0.24 15000 – 86000
pathway 86000
Table 6.1.6 Lifetime cancer risk and non-cancer toxic risk due to potential exposures to
organo-chlorine pesticide residues in lake sediment near NTR Park
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Table 6.1.8 Cancer and non-cancer risk ranking by exposure pathways, mediums and
chemicals contributing to risk
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7.1 Introduction
In this report the Committee has strictly followed the directions of the Supreme Court and
also the principles of conservation and sustainable development of our natural resources
enunciated in various judgments of Courts of law and in the provisions of the
Constitution of India in the sections on Directive principles of State Policy and
Fundamental duties of all Indian citizens regarding preservation of our environment. It
also had for guidance the principles of Public Trust, Precautionary Principle and Equity
in relation to the common property resources of our lakes that have an aesthetic and
ecological role to play. In Chapter 1 and later, these principles, their interpretation by
Courts of law and the benefits they confer especially in urban lakes have been brought
out. In doing so, the Committee had in mind the following findings and directions of law
and policy and basic principles of ecology of lakes brought out in them:
• Lakes, even in urban areas, have values in terms of natural beauty, moisture
conservation, microclimate moderation, flood control etc. They have heritage,
cultural, social and aesthetic values.
• Most lakes are self renewing and cleaning in nature provide they are not polluted or
encroached upon, thus diminishing water storage and flows.
• Pollution of the lakes can arise from discharge of untreated industrial effluents and
sewage into the lakes and by dumping waste like plastics and immersing idols.
• Treating the lake area as one where cremations or memorials for leaders can take
place was inappropriate.
• Construction activity in or around the lakes impacts adversely on the local ecology,
rainwater drains, water level and water quality and also affect ground water
recharge and hydrology of the lakes.
• A lake being a water body needs to be treated differently from a piece of land on
which industrial or commercial development can take place.
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• The conservation of urban lakes confers benefits on not only local communities but
also all citizens who are either nature lovers or need sustenance for their good
health with clean water and air.
The various directions of Courts of law and Governmental policy in regard to Hussain
Sagar Lake itself as well as lakes of Hyderabad urban area have also been brought out in
earlier chapters. Along with them, the Committee has also arrived at findings on the
encroachments, pollution and related social, environmental and management of the
Hussain Sagar Lake based on the field visits, representations, study of technical papers
and the representations received. The conclusions are set out in the following sections.
7.2 Encroachments
It is quite clear that the location of Necklace Road station was once a part of the Hussain
Sagar Lake. This is stated in the Narendra Luthar report as well.
The Hussain Sagar Lake, which is older than the city of Hyderabad itself, was once a
very large lake with scenic beauty, utility as a source of even drinking water and
conducive to recreation like walking by the citizens. But its size has been steadily
diminished by encroachments over the years, particularly after 1930’s and sharply after
the 1960’s. It is now less than one-fourth the original size. The toposheets of 1974
showed a lake size of 571.48 hectares of which 487.75 hectares was having water spread
and the balance of 83.67 hectares had lower water spread and foreshore vegetation. The
satellite imagery of 1996 showed a water spread of 470.80 hectares, vegetation of 69.69
hectares and built up area of 30.92 hectares, totaling 571.42 hectares. As against this the
HUDA notified in the year 2000 an area of 549.32 hectares and the satellite imagery of
2002 showed water body of 458.71 hectares, 69.5 hectares of vegetation and 43.21
hectares of built up area, totaling to 571.42 hectares. The tabulated picture is as follows:
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Nature of data Year Water spread Vegetation & Built up area Total (ha)
(ha) open spaces (ha) (ha)
Toposheets 1974 487.75 83.67 (includes built up) 571.42
Satellite 1996 470.8 69.69 30.92 571.42
HUDA 2000 549.32
Satellite 2002 458.71 69.5 43.21 571.42
Thus, in the years since India adopted environmental laws (ie, 1974) the lake has lost
over 29 hectares of water spread of which a major portion was in the built up area,
including roads and structures for parks etc. If we go by the HUDA notification of 2000,
the area of the lake would be less by another 22 hectares, and surprisingly, the
government presented an even lower figure in the AP High Court, saying that the HUDA
notification was not statutory.
The attempt to ignore the foreshore of the lake within FTL and the actions of the
government and its agencies, which should have set an example instead of encroaching
on the lake area on various grounds, most of which were unsustainable, are the major
reasons for this, and the Committee concludes that the area of the lake, which should
include not only the water spread up to and to the west and north of the railway line and
the appurtenant water bodies in the inlet channels as also the areas like Sanjeevaiah Park,
Lumbini Park and NTR Garden and Imax theatre, the Necklace Road and Railway
station, is to be conserved to the extent of 549 hectares as mentioned in the HUDA
notification adding 30 meters beyond FTL on the north, west and south. This will
correspond to the figure of 571.42 hectares from the satellite imagery.
Obviously, the encroachments in this area have to be removed and substituted by a green
belt of trees only with proper demarcation and recreational areas without structures.
Where there should be water or its courses as in the inlet nalas to the west and north of
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the railway line, the encroachments and debris dumped should be cleared and patta lands
revoked in the case of clear water bodies or drain courses, or the foreshore of the lake on
the western side of the railway line up to 50 meters width to yield the limit of 30 meters
as per HUDA notification and 20 meters for peripheral recreation like walking or
jogging.
In the case of encroachments covered by Court orders, the cases should be pursued to
ensure the lake area is conserved and wherever the encroachments have been regularized,
the further construction activity should be so regulated as not to obstruct the view of the
lake or add to the heat, air pollution and accumulation of waste in the vicinity. In any
case, the encroachments, which took place after 2000, when the Courts also directed that
there should be no more structures, should be vacated on priority and all commercial
activity in the name of entertainment or otherwise, should cease along with artificial
creations in parks. Where any encroachments like roads or railways have to remain for
reasons of logistics, the transport by electric buses and diversion of traffic through
alternate routes should be effected, and only limited access provided.
The entertainment on the foreshore of the lake should be in the form of encouragement of
children’s education on science, environment and ecology, bird watching, and
encouraging non-motorized sports and exercise for the citizenry like walking, jogging
and cycling on the periphery and water sports like sailing, rowing and canoeing on the
lake itself. No public plaza or public meetings or entertainment should be in the lake or
in its foreshore and vicinity as that only encourages further encroachment and pollution.
Hoardings (which are encroachments of land, water or the eyes), which disfigure the
scenic environs of the lake, including its approaches, should be removed and not allowed
in future.
Encroachments on the inlet nalas and drains both near the lake and in its catchment up to
and above the Banjara Lake should be removed, the nalas maintained, the main
catchment of Chiran Palace (now KBR National Park) should be totally conserved in
terms of the Forest and Wildlife Protection Acts and no more unsustainable activities
allowed as laid down in the Durgam Cheruvu case, by the AP High Court.
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In any case no more new developmental activities should be taken up in the lake area
including the parks, etc, mentioned earlier in the name of tourism or foreign assisted
project for the development of the lake. Such assistance, if forthcoming, should be for
systematic treatment of the wastes entering the lake or for non-motorized sports in the
water and no waterfront or shore based activity should be allowed except walking,
cycling and jogging. When the lake waters are cleaned up, sports like angling and
swimming can be thought of.
7.3 Pollution
The Hussain Sagar Lake is highly polluted by a mixture of industrial effluents and
untreated sewage entering it as pollutants. It also receives two types of solid wastes. The
first is in the form of packing for consumer articles eg, plastic and the second is at the
time of immersion of Ganesh idols, which have increased not only in size and numbers
but also in the steel, plaster of paris, toxins from paints, and heavy metals including
carcinogens like chromium, arsenic, cadmium and nickel.
Domestic waste waters from the unsewered colonies (including slums) on the foreshore
and catchment area and other activities like washing of cattle, clothes etc, defecation and
littering by eating joints and crowds thronging entertainment areas, oil spills by power
boats also add to the pollutants in varying degrees.
The cumulative effect of all the pollutants entering the lake has been that it has not only
ceased to be a drinking water source but also does not meet the water quality standards
for recreation or outdoor bathing or drinking or wildlife propagation.
There was some improvement in parameters like pH, BOD and COD. But the nutrient
levels are very high and the lake is in an advanced state of eutrophication. Anaerobic
conditions prevail at the bottom of the lake, indication near absence of dissolved oxygen.
The consequent presence of hydrogen sulphide with bad odour is noticeable.
More worrisome is the fact that the lake water poses cancer and non-cancer risks varying
from extremely high to borderline for various pathways. Eating lake fish poses extremely
high cancer and non-cancer toxic risks. Drinking lake waters poses significant cancer
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and non-cancer toxic risks. Swimming in the lake or bathing with its waters or
consuming lake water, irrigated fruit or vegetables pose an elevated cancer and non-
cancer toxic risk. And even exposure to its waters for continuous or long periods poses a
borderline cancer risk.
Elevated concentrations of manganese are present in the ground water just downstream of
the lake at Lower Tank Bund Road but not upstream of the lake. This suggests that
heavy metals may have migrated from the lake, where they are present in lake water and
sediment. Manganese is responsible for an elevated non-cancer toxic risk in the ground
water at Lower Tank Bund.
The improvement in the quality of effluents entering the lake initiated in respect of one
part of the waters through the treatment of the waters of one inlet at the Kahairatabad
STP and the diversion of sewage and industrial effluents through pipes to areas below the
lake have had some impact but efforts to step up the treatment of wastewaters entering
the lake through Kukatpally and Picket nalas and any additional flows through Banjara
nala should be made, locating STPs outside the lake area. This will ensure the
maintenance of dry weather flows, which, with the floods in monsoons, will help clean
the lake and sediments over a period. The dredging of sediments is not only costly but
also poses problems of finding places to dump the silt away from the lake area without
affecting water and air quality there, and the health of the human population in the
vicinity.
One of the major issues in management is conceptual. The water body is being treated
like any other piece of land in all the rules, regulations. The Master Plan for the city has
never been notified after proper public consultations and this has facilitated the process of
issuing Government notifications from time to time changing designated uses and even
allowing water bodies to be built upon. If this is not remedied by statute or orders of the
Court, the temptations to diminish the lakes will continue unabated.
The second issue in management is the organizational one. Today, in most lakes and
definitely in the case of Hussain Sagar, there is a multiplicity of agencies handling the
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control or management of the lake and mutual consultation or coordination is weak. This
has played the water body into the hands of real estate interests and other developmental
interests for whom conservation of the lake is not a priority. There has to be a strong
organizational set up with a unified command structure for only Hussain Sagar lake but
all the lakes in the city of Hyderabad and hopefully, elsewhere.
This management setup should be able to take steps to conserve the lake in its entirety
and do policing and monitoring to prevent encroachments and pollution. Its mandate
should extend to any development which will not encroach on the lake or foreshore in
any manner and only promote greening by trees in the foreshore and creation of pathways
in the periphery of the foreshore for walking, jogging and cycling and also to promote
water sports of the un-automated kind.
It should have statutory backing and assured funding. The funding should be partly
based on the Polluter Pays principle and the Government should take on this
responsibility of assuring the support.
The management should include commissioning of studies from time to time of the status
of the lake, its water quality etc. The municipal laws and regulations insofar as they
pertain to the lake and its foreshore and catchment, should be implemented only after
directions from the new set up and after public hearings. The management setup should
have all stakeholders represented along with Government agencies, experts and NGO’s
with a good track record of work in regard to urban water bodies and urban issues. The
representation should be so balanced as not to allow any one interest to dominate but on
the clear understanding that the focus on conservation and sustainable development
should not be lost.
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There are other issues to be tackled in relation to the lake that may have a bearing also on
encroachment, pollution and management. These are issues of health and well being
particularly of the low-income group communities living around the lake. The measures
to see that there is no spread of disease, and there are proper amenities created in these
colonies should be taken, ensuring, however that the building and other activity does not
get into the hands of vested interests who may, over a period displace the colonists
themselves. Public conveniences should be provided to ensure there is no public
nuisance committed either by the walkers or other categories of users like the water
sports and bird watching enthusiasts. Only non-motorized transport of the sustainable,
non polluting kind should be encouraged on the roads on the lake and the eatables
brought there should be by the push cart vendors who should use only biodegradable
containers and not bring junk or fast food.
Immersion of idols should take place only in the portion of the lake at Minister’s road,
where the traffic will cause fewer problems. In any case the size of the idols should be
restricted to below 1 meter and be made of clay and only biodegradable material, and if
paints are to be used at all, they should be non-toxic vegetable dyes/paints. The
immersion of idols should be staggered to include other lakes and water bodies.
An environment education campaign should be taken up both with children and adults on
the importance of conserving lakes in their own interests and not polluting it in any
manner. Steps already taken to make school children avoid plastics and make clay
Ganesh idols of very small size and to teach them about improvement of water quality
should be taken forward. The National Green Corps and the Children’s Science Congress
are good platforms for taking up such a campaign.
The most important issue to be addressed is the effective follow up of all the measures
recommended. As the Committee found there were infractions of even the interim
directions of the Honourable Supreme Court itself, mechanisms should be in place that
avoids this and makes it incumbent on the government and authorities to carry out the
orders of the Courts and the lake conservation measures. One measure is for the State
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7.6 Recommendations
The recommendations of the Committee that flow from the earlier chapters and its
findings above are as follows:
1. Hussain Sagar Lake should be conserved up to FTL and MWL with a green belt of
water tolerant trees up to 30 meters beyond the MWL level. The total area to be
conserved is 571.42 ha as mentioned in Section 4.2.
2. Hussain Sagar Lake, which is at the center of the city and its central business district
(CBD), should not be allowed to become a part of the CBD or used for allowing
picnicking, entertainment and commerce in the name of creation of parks. The lake
should not be allowed to be converted into any more parks, and in any case no
buildings or structures should be allowed in the lake area as a whole. By keeping the
lake and its immediate surroundings relatively free from air pollution by not
commercializing the immediate areas around it, the city would get some relief from
the high asthma and other air pollution-related health effects that most other big
Indian cities have been suffering from.
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4. Lake conservation should include creation of a green belt of water tolerant trees both
in the foreshore between FTL and MWL as well as in a 50-meter periphery. Up to 30
meters in this, there should be again plantations of water tolerant trees not subject to
intervention by humans or livestock and in any case no parks with artificial creations
including lawns etc, should be allowed.
5. The perimeter of the lake foreshore as well as the bund should be well demarcated
with large boundary stones and fenced off or walled. Inside this limit, walkways
could be created to a width of 20 meters to enable walking, jogging and cycling only
with public conveniences at intervals of about 100 meters. This should be done
without affecting the inlet flows into the lake for which ample vents should be
provided, apart from bridges where major channels enter. It is desirable to continue
water bodies appurtenant to the lake system if they exist beyond this limit.
6. In the roads or tracks already laid around or in the lake itself, there should be free flow
of water on both sides. In any case no roads or railway track should be laid in the
lake area in future. Where a road has already been laid, only recreational walking and
cycling should be allowed and a limited amount of environment friendly vehicles like
electric buses, cycle rickshaws and pushcarts should be allowed.
7. In regard encroachments after 2000, keeping in mind the directions of the AP High
Court, increase in environmental pollution and the reduction of the water body
including by the Necklace Road and the Necklace Road Railway Station, it is
recommended that:
a) The area to the east and south of the Necklace Road encroached by food courts,
etc, including Eat Street, Jala Vihar, People’s Plaza, HUDA food court, should be
recovered and restored to the water body, or water tolerant trees should be
planted. It follows therefore that Eat Street, Jala Vihar, People’s Plaza and
HUDA food court should be relocated beyond the lake area.
b) The car parks opposite the People’s Plaza, the Necklace Road railway station and
to the north of the STP should be removed and the area greened with trees.
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c) The Necklace Road railway station may remain with access on the Raj Bhavan
side being as now arranged. But now on the Necklace Road side, the railway
station only up to the limits of the area earlier occupied by the railways. On the
land allotted to them in 2001, only an access path upto Necklace Road may be
allowed. The rest being green areas of trees.
d) NTR Marg and NTR Park are now on relatively high ground and therefore, may
be left alone.
e) Prasad’s IMax theatre is clearly on land created from a part of the lake. Since it
has come up after 2000, and is adding to air, water and noise pollution to the lake
(because of the massive vehicular traffic and human population that it attracts to
its shopping malls, eateries and theatres), it should be relocated outside the lake
area. Restoring the land on which the theatre is to the water body may not be
practical. Hence, the building may be used for creating a science and
environment museum for children. The approach road to the building from the
NTR Marg-Necklace Road junction should be closed permanently and the
approach may be from behind, ie, the Mint Road.
f) The car park opposite Prasad’s IMax theatre, the various bunds cutting the water
body on the left of the flyover at Khairatabad should be restored to the lake, and a
walkway created along the edge of the water body as suggested above.
g) The area on both the eastern and southern side of the railway line along the
Necklace Road from the NTR Marg-Necklace Road junction up to Bridge No 4
on Necklace Road should have a green belt of trees only.
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i) The area to the west of the railway line, up to Bridge 4, should be converted into
water body up to 50 m from the railway property, where necessary by revoking
pattas. The existing water body in S No 13-14 should also be restored to the lake
system by revoking the patta. A walkway should be created along the newly
created water body, to be used by walkers, joggers, and cyclists.
j) Additional vents may be provided under the Necklace Road and the railway line
to allow for free flow of water on both sides.
k) The booking office and car park on the eastern side of Necklace Road railway
station should be demolished and be made part of the green belt suggested in 4b)
above. The main booking office may be shifted to the western side of the station
and a small booking station may be established inside the railway platform on the
western side. Only a 10 ft (3.3 m) track leading from the railway platform on the
eastern side may be constructed up to the pedestrianized Necklace Road.
m) Various bunds cutting the water body between the Ministers Road and the railway
line should be demolished, the area cleaned up, encroachments on the water body
removed and the land restored to the water body. The walkways as suggested
above should be created around the water body and the areas on the periphery of
the water body should be greened. The Sai Baba temple along the Ministers Road
should preferably be re-located. In any case, the shed at the temple should be
removed.
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n) The laser show should be relocated outside the lake area, and buildings, except for
heritage ones, demolished and the land restored to the lake. The newly created
Lake Conservation Authority may use the heritage buildings.
o) Marriages and film shooting should be banned in all three parks around the lake
periphery —Sanjeeviah Park, Lumbini Park, NTR Park.
p) Cremations or burials should not take place in the lake area. As two samadhis
have already come up for a former Prime Minister and a former Chief Minister,
they could remain. The serenity of NTR Garden should be maintained as
suggested in our recommendations. In regard to the samadhi of the late Prime
Minister Shri P V Narsimha Rao, the area between Necklace Road and the
samadhi should be retained as a memorial garden, without any structures. The
q) area to the east of the samadhi may be given back to the water body, planting
water-tolerant trees at the edge.
8. The pollution in the lake should be avoided by diverting industrial effluents and
treating sewage and open drain flows entering the lake in STP’s located beyond the
periphery. The following additional measures should be taken:
a) There should be total ban on the use of plastics and other forms of solid waste in
the environs of the lake.
c) In the lake waters only non-motorized sport like sailing, rowing and canoeing
should be allowed. Only small powerboats may be allowed in the lake stretch
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between Lumbini Park and the Buddha statue. The plying of large power boats in
lake should be discontinued.
d) At a future date, if the water quality permits, limited amount of fishing, swimming
and bathing may be allowed.
f) The inlet and outlet nalas should be maintained in pollution free condition and
meshes should be provided at the inlet points to prevent debris from entering the
lake. Artificial aeration should be provided at inlet points to prevent anaerobic
conditions. Encroachments should be removed on inlet and outlet nalas as a flood
control measure and for ensuring all the channels and drains in the catchment area
are not obstructed in any manner. In this context, the recommendations of the
Kirloskar Consultants report are relevant.
g) Steps should be taken to ensure that pesticides, heavy metals and other pollutants
do not enter the lake.
h) Unsewered areas from where sewage is entering the lake should be sewered and
the sewage diverted from the lake or treated before entry into the lake.
i) STPs should also be constructed on the Kukatpally and Picket nalas on land that
does is not a part of the lake area. These STPs and the existing one at
Khairatabad should be provided with tertiary treatment facilities for the removal
of phosphorous and nitrogen.
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that use steel, plaster of paris and that use chemical or toxic paints should be
banned.
k) Regular monitoring of air, water and sediment quality in and around the lake, inlet
channels and in the ground water below the lake must be done, and if required,
corrective steps taken promptly. Risk analysis for the lake waters and sediments
should be conducted once every 2 years.
l) Public must be informed and educated of the risk they face due to the lake waters.
m) The following activities should be banned forthwith and the ban enforced until
such time as the lake water quality improves to consider such activities safe:
Swimming in the lake, using lake water for bathing and washing clothes, using
lake waters for irrigating fields that grow any foodstuffs for human or cattle
consumption, allow cattle into the lake.
n) The milk of cattle swimming and drinking lake water should be tested, and if the
concentration of pesticides or heavy metals are a cause for concern, the milk of
such cattle and diaries/ gow shalas that they belong to, be banned.
o) Prominent boards should be put up around the lake stating, “Continuous and
prolonged presence in confined spaces with lake water may be injurious to human
health”.
p) The contaminated lake sediments should not be dredged out, but allowed to
remain where they are and let nature self purify them in time.
10. All violations of the Andhra Pradesh (Telangana Area) Act, 1357 Fasli should be
rectified forthwith.
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11. To prevent dismemberment of the water bodies through executive fiat or private
encroachment, urban development laws relating to land should not apply to the lake
area. The lake and its foreshore should be notified under the Forest Act and under
Heritage regulations. The scenic splendour of the lake should be preserved.
Hoardings or garish structures in the lake vicinity should be banned. The government
department dealing with lakes should be the one dealing with environment and forests
and not urban development or tourism. This authority should be funded by levies on
earlier or current polluters and by the government.
12. A Lake Conservation Authority (LCA) should be set up for managing of lakes and for
enforcing the above stated measures that the Hon’ble Supreme Court may deem fit to
pass orders. The LCA should include not only government agencies, including
HUDA, MCH, HMWSSB, but in equal measure of experts, NGO’s and stakeholders
who do not wish to convert water bodies into real estates or commercial areas for
development or tourism. Once this authority is set up, the Buddha Purnima
Development Authority may be disbanded. The LCA should be funded by levies on
earlier or current polluters and by government. This authority may start with the
management of Hussain Sagar Lake, but in time its jurisdiction may be extended to
other lakes in and around Hyderabad and beyond, as has been done with the Lake
Development Authority in Bangalore. The system of honorary wardens should be
introduced. The wardens should have powers to report offences to the authority, who
in turn should report back on the action taken. The powers of the authority to
conserve the lake should not extend to changing the geography of the lake.
13. The LCA should monitor the implementation of the Court’s orders, specifically of the
recommendation made in recommendation 8 k) above. To help them do this, a
pollution monitoring committee, consisting of senior scientists from APPCB, NEERI,
CPCB and one independent scientist, should be set up.
14. The findings of the socio-economic survey in EPTRI’s report, regarding welfare
facilities for low-income colonies around the lake should be implemented to improve
the health, sanitation and living conditions of their residents.
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15. Environmental awareness is the key to preserving the lake. The Lake Conservation
Authority must make the imparting of environmental education one of its primary
activities, for which it may find appropriate partners. It may also use a part of the
resources at its disposal for environmental education.
16. Hyderabad is not the only city to lay claim to having disappearing and shrinking
lakes. The press has recently reported that Udaipur, another famous lake city, has
also been experiencing a similar phenomenon, and there may be many more cities
like that. The above recommendations may, where appropriate, be used to conserve
other urban lakes.
17. Measures to conserve the lake have failed, and the un-sustainable developments have
taken place in and around the lake. This is mainly due to fitful implementation of
laws and regulations by government and its agencies. As this trend has to be
reversed, the Committee recommends that the State Government of Andhra Pradesh
should provide a financial guarantee for a sum not less than Rs 500 crores to the
Honourable Supreme Court. The guarantee could be revoked in stages depending on
the acceptability to the Supreme Court of the periodic monitoring reports on the
implementation of the Court’s orders.
Hyderabad
8 October 2005
92
84
Part of Hussain Sagar Lake water body being encroached to the left of Khairatabad flyover
Encroachments on part of lake to the west of the railway line near Kukatpally nala
94
85
Continued filling on part of lake body even after the Supreme Court passed orders
Part of lake, west of the railway line, encroached by plantations with a wall constructed by
unknown party
95
86
96
87
97
88
98
89
99
90
100
91
101
92
Prasads IMax theatre located on what was once the lake bed
103
94
104
95
Lake or land?
105
96
106
97
107
98
39 40
N
Status of Hussain Sagar
(with reference to 1974 Topomap on 1:25K)
1:20000
1 0 1 2 Kilometers
41 42
N
Status of Hussain Sagar
as per IRS 1A/1B LISS II Imagery 1988
(with reference to 1974 Topomap on 1:25K) 1:20000
1 0 1 2 Kilometers
43 44
99
1 0 1 2 Kilometers
45 46
1 0 1 2 Kilometers
47 48
N
Status of Hussain Sagar
as per IRS P6 LISS III Imagery 2004
(with reference to 1974 Topomap on 1:25K) 1:20000
1 0 1 2 Kilometers
49 50
100
N
Status of Hussain Sagar
Future Plan - With reference to 2002 IRS Imagery
1:20000
Future Proposals
Blanks/Builtup areas - 39.46 Ha
Future - 51.41 Ha
Vegetation - 30.22 Ha
Water spread - 460.95 Ha
1 0 1 2 Kilometers
93
101
ú1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
O R D E R
..................J.
(K.S. RADHAKRISHNAN)
..................J.
(VIKRAMAJIT SEN)
NEW DELHI,
JANUARY 16, 2014.
REVISED
ITEM NO.101 COURT NO.7 SECTION XIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 2905-2906 OF 2005
CORAM :
HON’BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON’BLE MR. JUSTICE VIKRAMAJIT SEN
For Appellant(s)
Mr. Colin Gonsalves, Sr. Adv.
Mr. Juno Rahman, Adv.
Ms. Jyoti Mendiratta, Adv. (NP)
For Respondent(s)
Mr. R. Venkataramani, Sr. Adv.
Mr. G.N. Reddy, Adv.
Mr. Bala Shivudu M., Adv.
Mr. Sodhan Babu, Adv.
Ms. Neelam Singh, Adv.