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ALOK ARADHE, J. SREENIVAS RAO
K. L. Vyas, Professor and Head – Appellant
Versus
Commissioner, Uppal Municipality – Respondent
ORDER :
(Alok Aradhe, CJ.)
Mr. Mohammed Imran Khan, learned Additional Advocate General for the State.
Mr. C.H.Jaya Krishna, learned counsel representing Mr. K.Ravinder Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC) for respondent No.1.
Mr. A.Vishnu Vardhana Reddy, learned Standing Counsel for the Telangana State Pollution Control Board for respondent No.2.
Ms. T.Rajitha, learned Assistant Government Pleader for Municipal Administration and Urban Development Department for respondent No.3.
Mr. Pasham Krishna Reddy, learned Standing Counsel for the Hyderabad Metropolitan Development Authority (HMDA) for respondent No.6.
Mr. P.Padma Rao, learned counsel for respondent Nos.7, 8 and 9.
Mr. E.Madan Mohan Rao, learned Senior Counsel representing Mr. M.Srinivas, learned counsel for respondent Nos.10 to 28.
Mr. G.Venkat Reddy, learned counsel for respondent Nos.35 to 38.
Ms. B.Rachna, learned Senior Counsel representing Mr. Mohd. Baseer Riyaz, learned counsel for respondent Nos.48 to 59 and proposed respondents in I.A.No.21 of 2024.
Mr. S.Sainathan, learned counsel for respondent Nos.60 and 61.
Mr. G.Ravi Chandran, learned counsel for respondent Nos.1
The court mandated the fixation of Full Tank Level and protective measures for Ramanthapur Pedda Cheruvu, emphasizing compliance with prior orders and timely action by authorities.
The court mandated the Lake Protection Committee to consider objections regarding the Full Tank Level of Durgam Cheruvu tank, ensuring compliance with principles of natural justice.
The court emphasized the necessity of due process in property disputes and directed the Lake Protection Committee to consider the petitioner's objections regarding the FTL of Durgam Cheruvu.
The absence of a substantively recognized lake leads to affirming private land ownership, rejecting claims of public water body due to encroachments and pollution.
The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.
Land utilization must comply with Full Tank Level regulations to preserve ecological integrity; unauthorized activities affecting water bodies are impermissible.
Encroachment on wetlands for non-wetland use is impermissible under environmental law, and the natural state of the water body must be restored.
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