Musi Riverfront Project: Telangana HC Directs State To Take Steps To Evict Illegal Occupants, Ensure Sewage Doesn't Contaminate River Water
While hearing the Musi Riverfront Development Project case, the Telangana High Court ordered the state authorities to implement guidelines of the Supreme Court regarding issuing notices to encroachers for removal of "unauthorised constructions" in River Bed Zone, Full tank Level (FTL) and the Buffer Zone of the river. In doing so the court underscored that it is the State's duty to...
While hearing the Musi Riverfront Development Project case, the Telangana High Court ordered the state authorities to implement guidelines of the Supreme Court regarding issuing notices to encroachers for removal of "unauthorised constructions" in River Bed Zone, Full tank Level (FTL) and the Buffer Zone of the river.
In doing so the court underscored that it is the State's duty to protect rivers, tanks or lakes adding that since the State has already enacted the law, courts can serve as an instrument of determining the legislative intent in exercise of their powers under judicial review to protect the pristine glory of the natural resources, like the Musi River.
Justice C V Bhaskar Reddy in his order directed for immediate eviction of illegal occupations and ensure that sewage does not contaminate Musi River. It said:
“The respondents are further directed to take immediate steps for eviction of illegal and unauthorized occupations in the FTL, River Bed Zone, and Buffer Zone, and to ensure that no sewage contaminates the water flowing in the Musi River...The respondents are directed to take all necessary steps for removal of temporary or unauthorized structures/constructions which have been made/brought into the tank bed, FTL or River Bed Zone of the Musi River and to complete the task of removing encroachments in a time-bound manner. Further, the respondents are directed to strictly implement the Building Rules, 2012 vide G.O.Ms.No.168 MA & UD Department dated 07.04.2012 and if any, constructions are found in the vicinity of the water bodies of Musi River, they shall be removed by following due process of law”.
The high court further directed the respondents–which includes the State, the concerned District Collector, Tehsildar and Deputy Executive Engineer–to conduct a "detailed socioeconomic survey" of the persons whose properties are affected by the rejuvenation of the Musi River and to accommodate them in suitable places as per the policies laid down by the Government.
Background
The order in a batch of writ petitions seeking to declare the respondents' action of interfering with their peaceful possession and demolishing their residential houses/occupations, as illegal and unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution and contrary to the provisions of Section 23 of the Telangana Water, Land and Trees Act, 2002 (WALTA).
The petitioners' argued that on the ground that the houses constructed by them would fall under the Full Tank Level Zone as well as Buffer Zone of the Musi river, the respondents, without having any power or authority under the provisions of the WALTA Act without conducting any enquiry and without issuing any notices are highhandedly interfering with the petitioners' possession and demolishing their houses under the authority by name Hyderabad Disaster Response and Asset Monitoring and Protection Agency (HYDRA).
The petitioners' said that HYDRAA–which is established by the State Government under for the purpose of disaster management, asset protection and other functions–is not conferred with any powers under the provisions of any of the Statute. Therefore, it was argued that, HYDRAA or the respondent authorities cannot exercise their powers to interfere with their peaceful possession and demolish their houses. It was the petitioners' case that if there is any violation of constructions being found in the FTL/River Bed Zone of Musi River, the Greater Hyderabad Municipal Corporation (GHMC) is the only competent authority to remove the same.
Petitioners contended that they have purchased their respective houses under registered sale deeds in approved layout sanctioned by Hyderabad Metropolitan Development Authority (HMDA) and had obtained requisite permissions from GHMC.
Respondent authorities said that the Musi Riverfront Development Project was to revive the river passing through Hyderabad and transforming the area by restoring clean and flowing water along with generating employment for the local community. A survey of the Musi River was conducted in coordination with the Revenue, Irrigation, and Survey Departments under the Telangana Survey and Boundaries Act, 1923 and it found around 2,166 structures in the riverbed and approximately 7,851 in the buffer zone. No coercive action was taken and rather the Government of Telangana, decided to allocate approximately 15,000 2BHK houses to families residing in the riverbed and buffer zone on humanitarian grounds.
The court was also told that to facilitate livelihood restoration, the Government issued a government order on October 5 constituting a Consultative Livelihood Support Committee headed by the Chief Executive Officer of SERP, Hyderabad, along with 13 other members. It was argued that the District Collectors of Hyderabad, Medchal-Malkajgiri, and Rangareddy are taking necessary action to identify, mark, and relocate affected families in the riverbed zone while facilitating livelihood opportunities. It is further stated that regarding the buffer zone, no action has been taken as of now and any future action would be subject to approval by the Government and adherence to due process of law.
Findings
Taking note of the various enactments and provisions therein, the decisions of the Supreme Court, as well as the history of the city the high court observed that in the present case, the State is "conferred with the power under Section 4 of the Telangana Irrigation Act, 1357 Fasli to appoint any officer or depute any officer to discharge the functions as Irrigation Officer under the provisions of the Act".
It then said that, therefore, "by no stretch of imagination" it can be said that the State does not have any power to constitute the HYDRAA.
The court underscored that the rivers, tanks being the communal property, must be held and managed by the State authorities as "trustees for the benefit of the community at large".
It said, "It is their duty to protect rivers, tanks or lakes and any allotments made for house sites or other purposes and as there is no legal sanctity to said allotments, which do not confer any valid rights upon the allottees. Since law has already been made by the State, the Court can serve as an instrument of determining the legislative intent in exercise of their powers under judicial review to protect the pristine glory of the natural resources, more particularly, the Musi River in maintaining ecological balance and the various policies enunciated by the Government for the benefit of present and future generations through a careful management and constructive policies".
The high court thereafter issued directions which includes, “The petitioners or other individuals, including encroachers, are directed to refrain from obstructing surveys being undertaken by the State or its authorities for the fixation of boundaries of the FTL, Buffer Zone, and River Bed Zone of the Musi River. The police authorities are directed to extend necessary security to the Officers of the Irrigation, Revenue, HYDRAA, and Municipal departments for the implementation of the above directions”
Disposing of the pleas the court said that the respondents shall initiate suitable criminal action against encroachers and land grabbers involved in the destruction of rivers, water bodies, ponds, and lakes as per the provisions of the Telangana Irrigation Act, 1357 Fasli, and the WALTA Act, 2002.
Case Title: Chintapalli Subrahmanyam and others vs. State of Telangana and Others
WP 27110 of 2024 and batch