The Welfare Association of the residents of Moosanagar and Kamalnagar filed the Writ Petition challenging the Government’s Nandanvanam projects before the Single Judge of the Andhra Pradesh High Court as it affects their right to life.
The counsel for petitioners contended that they belonged to weaker section and inhabitants of the said area since last four decades and eking out their livelihood in nearby places. The Government took a decision for the beautification of Moosi river bed area called Nadanavanam project and the petitioners were threatened with dispossession from the river bed area.
They further argued that the project deprives their right to livelihood of number of people and violates Art. 21. The said project also offends Art. 300-A as they had perfect title to the property. It is also stated that the state is expected to protect the interest of weaker section of the society by providing shelter and necessary hygienic and unpolluted atmosphere. Thus, the State has also violated Articles 39 and 40 of the Constitution. They argued that it violates human rights especially right to shelter and alternative mechanism which sought to be given to the displaced persons is neither convenient nor suitable therefore the action of the government is illegal.
The respondent stated that Nandavanam project was decided by the high level committee at the Government. It was finalized after thorough consultation among environmentalists, various government departments, legal experts, non-governmental organizations. The object of the project was to eliminate mosquito menace, diseases spreading due to highly polluted water flowing through the river and to provide health and good environment to the society. It was also decided to rehabilitate the persons who were affected by the project in a housing colony with the basic civil amenities. The door to door survey was undertaken to identify slum dwellers who are residing on the river bank. The respondents further argued even most of the slum dwellers welcomed the rehabilitation plan as they were living in a pathetic condition due to highly polluted water. The Government is not only allotting houses but also requirements of the community are being provided. . Even the Moosi river bed area was vested with the Government under section 24 of A.P. (Telengana Area) Land Revenue Act.
The Court after thorough examination of the arguments of the both the parties held that the Court cannot grant disapproval to a project which is aimed in the larger interest of the society at large to the cost of some inconvenience of the microscopic population. Law is a social engineering. It gets moulded to the situation in the interest of the society at large. Fundamental rights are not static and move wherever injustice caused and spread justice. But in the process, it is universal inevitability, there may arise some inconvenience to smaller segments of the society. This would not amount neither denying injustice not causing violence to fundamental rights under Art. 21. The Court also rejected the petitioner contention that it violated right to shelter as a human right as there is no such violation as the residents are being shifter to more healthier and congenial place with better facilities.
The Court while rejecting the Writ Petition issued certain directions for the expeditious and prompt implementation of the Nandavanam project.