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ANIL KUMAR JUKANTI
V. Venugopala Krishna – Appellant
Versus
State of Telangana – Respondent
ORDER :
(Anil Kumar Jukanti, J.) :
This writ petition is filed seeking following prayer:
i. Declaring the action of the Respondent No.2 in issuing Preliminary Notification bearing No.1404/ HMDA/EE L&P/2013-14/9 Dt.07/06/2014 and thereby illegally increasing the extent of Durgam Cheruvu as 160.700 Acres based on a fallacious Survey Conducted on 30/06/2013 and unlawfully including the Petitioner’s Property i.e., H.No.1-95-B/7, Kalyan Nagar, situated in Sy.No.47 and 49 in Madhapur Village, Serilingampally Mandal, Hyderabad – 81, Telangana, under Full Tank Level/Buffer Zone of Durgam Cheruvu by marking ‘F’ on the wall of the subject property as against to the Memoirs of Irrigation Sources in Major Basin Krishna issued by the Irrigation Department in the year 1974 declaring the extent of Durgam Cheruvu as approximately 65 Acres and also against the observations of the Hon’ble High Court of A.P. in W.P.No.24975 of 2000 Dt.03/09/2003 as illegal, arbitrary and Violative of Article 300-A of the Constitution of India
ii. Consequently, set aside the Preliminary Notification bearing No.1404/HMDA/EE L&P/20
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 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 mandated the fixation of Full Tank Level and protective measures for Ramanthapur Pedda Cheruvu, emphasizing compliance with prior orders and timely action by authorities.
Point of law: Court sitting under Article 226 of the Constitution of India in a writ petition cannot go into technical aspects with regard to the alignment of the canal, more particularly, in the abs....
Land designated for public amenities cannot be converted for private ownership; municipal authorities must act against unauthorized constructions to protect community interests.
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The absence of a substantively recognized lake leads to affirming private land ownership, rejecting claims of public water body due to encroachments and pollution.
Notifications claiming property as Waqf land are invalid without proper survey and notice to concerned parties, emphasizing due process under the Waqf Act.
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