Will Not Demolish Litigants' Construction Around Durgam Cheruvu Lake Until Notification On Full Tank Level: State To Telangana High Court

While hearing a batch of pleas by certain persons seeking protection of "peaceful possession" of their properties located around Hyderabad's Durgam Cheruvu Lake, the state government told the Telangana High Court that until the lake protection committee notifies the full tank level, the properties in question will not be demolished.

A division bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao in its September 23 order noted, "The learned Special Government Pleader submits that till the aforesaid exercise is carried out, no action shall be taken for demolition of the construction raised by the petitioners. The same is placed on record. It is clarified that this Court has not expressed any opinion with regard to the merits of the matter, as the same has to be adjudicated by the Lake Protection Committee".

Background

The high court was hearing a batch of writ petitions, wherein the petitioners had questioned the action of the respondents in treating the Full Tank Level (FTL)/water spread area of Durgam Cheruvu lake to be more than Acres 160.00 as opposed to the original extent of Acres 65.12 guntas as per the original engineering standards of the tank shown in the official descriptive memoirs of the Irrigation Department.

For context the term 'full tank level' denotes the maximum level a water body can reach.

The petitioners, residents of the area situated around the Durgam Cheruvu lake. They claimed that the Hyderabad Metropolitan Development Authority (HMDA) issued a preliminary notification on June 7, 2014 notifying the FTL of several tanks including Durgam Cheruvu inviting objections. Pursuant to the notification they submitted their objections; however the same have not been considered till today by the Lake Protection Committee and FTL has not been notified.

The petitioners argued that FTL of the Durgam Cheruvu tank has to be considered and determined by the Lake Protection Committee after considering the objections by the petitioners which was filed well within time.

The counsel appearing for the State said that the Lake Protection Committee shall consider the petitioners' objections and shall notify the FTL of Durgam Cheruvu lake within a time limit which may be fixed by the high court.

Findings

Perusing through the Andhra Pradesh Building Rules 2012 the bench said, "Thus, from a perusal of the aforesaid Rule, it is evident that the FTL area of a lake/kunta has to be reckoned as measured and as certified by the Irrigation Department and the Revenue Department. The aforesaid Rule applies to all Urban Development Authority areas and the Urban Local bodies together with Gram Panchayat areas in the State covered in the Master Plans/General Town Planning Schemes/Outline Development Plans".

Taking note of the history of the Durgam Cheruvu lake mentioned in the irrigation department's descriptive memoirs the court said that it has been described as an "old surfikhas tank" restored by Public Works Department in 1970.

The order noted that it appears that in the Descriptive Memoirs, the Durgam Cheruvu tank was shown to have an area of Acres 65.12 guntas. It notes that the Descriptive Memoirs consider the technical features–designed and developed for the irrigation purpose, but presently it appears that there is no irrigation ayacut (land which is served by an irrigation project such as a dam, canal, or tank).

The court held that the Descriptive Memoirs by itself cannot be considered as basis for defining and deciding the FTL limits. However, the court observed, the memoirs can be considered for collateral purposes. The court further noted that the Descriptive Memoirs were made under the Andhra Pradesh Public Works Department Code which has no statutory force.

It thereafter said, "No relief as sought for by the petitioners in these writ petitions can be granted to them, as the issue is pending consideration before the Lake Protection Committee".

It noted that government counsel's submission that the petitioner's objections may not be on record. To this the counsel for the petitioners submitted that they shall supply a copy of the petitioners' objections to the Lake Protection Committee within a period of one week.

The high court thereafter directed that the petitioners can supply a copy of their objections to the Lake Protection within one week from Monday. It said that the petitioners will be free to furnish the public documents in support of their objections already filed.

"As agreed by the learned counsel for the parties, the petitioners undertake to appear before the Lake Protection Committee on 04.10.2024 at 11:00 am. Thereupon, the Lake Protection Committee shall hear the petitioners and shall decide the objections filed by the petitioners by a speaking order. Thereafter, the Lake Protection Committee shall issue a notification notifying the FTL of Durgam Cheruvu," the court directed.

It further said that this exercise shall be completed within six weeks from the date that the petitioners' appear before the Lake Protection Committee and disposed of the pleas.

WRIT PETITION Nos.25702, 25710 and 25832 of 2024

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