The Telangana High Court on Tuesday adjourned hearing of the writ petition on Rayalaseema Lift Irrigation Scheme of Andhra Pradesh government till adjudication of related petitions by the Supreme Court.
A bench of Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy said it cannot hear the petition since similar matter was pending before the Supreme Court. The crucial points like whether the RLIS was an old one, a new project and if it had environmental clearances had to be finalised by the Supreme Court, the bench said.
Hearing the writ petition filed by Congress leader Vamshicahnd Reddy seeking direction to halt RLIS works, the bench observed that it cannot hear the petition since the National Green Tribunal was already seized of the matter. If a matter pending before the NGT for disposal is taken up for hearing by Telangana HC, it would amount to obstructing judicial process, the bench said.
Referring to the petitioner’s contentions that AP government was violating NGT orders, the bench said the petitioner should take the matter to the notice of NGT. As per the NGT Act, one can approach the SC for an appeal within 90 days of NGT passing an order. Additional Advocate General J. Ramchander Rao told the bench that AP government had contended before the NGT that the latter had no power to hear the matters as per AP Reorganisation Act.
Mr. Rao said Telangana HC can hear the matter since the AP government, not paying heed to the direction of Krishna River Board, was commencing works of RLIS. Ignoring the Board orders, AP government invited tenders to execute RLIS project, the AAG said.
When the bench sought to know who moved the SC on RLIS, AP Advocate General Sriram said that Telangana government filed Special Leave Petition in the apex court first. After hearing contentions of all, the bench said it cannot hear the petition till the apex court takes a call on the matter.