Why Repeal of GO 111 is Contempt of Court?

-Dr Lubna Sarwat

The GO 111, which has been repealed by the Telangana cabinet on May 18,2023, was issued on 8.3.1996 that chiefly ensured that the reservoirs remain unpolluted and fit for drinking till date.

A ban on big constructions such as hotels, industries, residential complexes and ensuring FSI 1:0.5 and open spaces in 60:40 ratio and ensuring conservation and bio conservation zone ensured the potability of the water in the reservoirs.

The GO111 was issued on the basis of two expert committee reports.

When Surana Oils tried to override the GO 192 the then Pollution Control Board declined to give NOC.  Supreme Court took three scientific reports from NGRI Hyderabad, Dr Bhowmick IIT Mumbai, and NEAA New Delhi and upheld GO111 and said that no polluting industries should come up in the 10kms catchment area.

Supreme Court applied global environmental principles of ‘Precautionary Principle’ and ‘Burden of Proof’ and dismissed the application of Surana Oils and upheld decision of then APPCB to reject permission to Surana Oils.

The Matter is Subjudice

Government filed affidavit in High Court on 6 Sep 2022 that the bans imposed by GO111 to protect the Osman Sagar and Himayat Sagar reservoirs are in tact.

Government of Telangana within months of lifting ban imposed by GO111 through GO 69 in April 2022, had filed affidavit in High Court in Sept 2022 that ban is in tact and again in May 2023 repealed the  GO111.  Thus Telangana government has changed the matter entirely that is subjudice.

The 100 year old Osman Sagar and Himayat Sagar reservoirs have been giving drinking water till today from 1921 and 1927 respectively. Even on May 18, 2023 as much as 65M gallons and 9 million gallons of drinking water was released from  Osman Sagar and Himayat Sagar reservoirs respectively.

This potability standards could only be maintained by ensuring the buffer zone of 10kms in 84 villages was pollution free constructions.

Instead of removing the existing encroachments inside the two reservoirs and instead of stopping of sewage directly being channeled into reservoirs for the past 5 years, government is ensuring further pollution by removing prohibitions of constructions as stated in GO 111.

By stating that HMDA guidelines will apply to the GO111 area it is open that the area can be declared under TSIIC and the local area be declared as IALA.  This measure is a death knell to the reservoirs.

There is no welfare measure for the people being cited by the government, rather it  only tells that ‘people’ want ‘development’ hence the very GO needs to repealed.

Government told in 2016 to the NGT that three -member high power committee is formed and any decision is based on this committee.  It told the NGT, it told the High court, it told in the assembly and it told to the public /media that high powered committee report is coming.  But without that report GO111 ban was removed and GO69 released appointing another committee in April 2022.  In the High court , to the people/media once again it was told that the committee report announced in April 2022 is awaited.  Rather the public , media, even court is misled and the GO111 is lifted.

Hence, the welfare intention and measure is totally absent and the decision is totally malafide without any substantiation of any expert report.

Hyderabad should not forego its drinking water source within its vicinity of 20kms.  Each day lacs of people are drinking and using the water for their basic needs.

There is no scientific reason stated and no democratic procedure adopted to come to decision of lifting GO111 in spite of the issue being subjudice in high court.

In light of the above concerns and many more misgovernance issues we call upon the government of Telangana to take back its decision to repeal GO111 and allow the GO111 to continue its operation.

We also urge the government of Telangana to remove all the encroachments that are inside the reservoirs and to stop the pollution entering directly into the reservoirs.

More rain water can be stored inside the reservoirs if the reservoirs are maintained to the original extent.  Reservoirs extent has been reduced to around half of their original extent.  FTL maps geocoordinates have not been given in spite of RTIs.

Dry latrines should be brought in the GO111 10kms area so that there is no necessity of soak pits or STPs.

Organic natural farming of agriculture, horticulture, floriculture as permitted in GO111 should be encouraged to improve the revenue and aesthetics of Hyderabad/Telangana.

We urge the government to maintain high level of transparency, accountability and ethics in the governance of our beloved state Telangana and our beloved capital city Hyderabad.  Its embarrassing to have to tell this.

(Dr Lubna Sarwath, PhD(Indonesia), i-WIL(IIM-B) public activist and former Visiting Lecturer, Trisakti University, Jakarta, Indonesia. Mobile: 9963002403; email :sarwath.lubna@gmail.com )