IMPORTANT POINT
IMPORTANT POINT
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.

ORDER :

(Anil Kumar Jukanti, J.) :

This writ petition is filed seeking following prayer:

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus by

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/2013-14/9 Dt.07/06/2014 issued by the Respondent No.2 in which the extent of Durgam Cheruvu is increased from Ac.65.12 as notified by HUDA in the year 2000 to Ac.160.700 unilaterally without following due process of law;

iii. Further direct the Respondents to conduct Joint Survey of the Durgam Cheruvu before the concerned authorities and the private parties having interest afresh preferably by the Survey of India and demarcate the Full Tank Level / Buffer Zone of Durgam Cheruvu in accordance with the Memoir Records of the Durgam Cheruvu maintained by the Irrigation Department of the year 1970 and also in accordance with the provisions of the Survey and Boundaries Act, 1923 by issuing notices to the interested parties including to the Petitioner;

iv. Further direct the Government Authorities by any name to not to interfere with the peaceful possession and enjoyment of the Petitioner over his Subject 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 till the finalization of the boundaries and FTL / Buffer Zone of the Durgam Cheruvu;

v. And pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice.”

2. Heard Mr. D. Kireet, learned counsel for petitioner, Mr. V.Narasimha Goud, learned Standing Counsel for Hyderabad Metropolitan Development Authority (HMDA) for respondent No.2, Mr. K.Ravinder Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) for respondent No.5 and learned Special Government Pleader representing learned Additional Advocate General for respondent Nos.1, 3 and 4.

3. Brief facts:

Petitioner avers that he is the absolute owner and peaceful possessor of H.No.1-95-B/7, Kalyan Nagar, situated in Sy.Nos.47 and 49, in Madhapur Village, Serilingampally Mandal (hereinafter referred to as “subject property”). It is the case of petitioner that he was gifted the subject property vide Gift Deed No.732 of 1996, dated 07.02.1996, by his mother-in-law, who purchased the said property vide Sale Deed Document No.9640 of 1990 dated 30.07.1990.

4. It is the case of petitioner that plots are classified as Patta land and the designated area is declared as residential zone by Municipal Authorities as per HUDA’s letter No.8668/HUDA/90/P5 and that these land(s) do not belong to Government nor the area is a Tank Bed nor Sikham Land. It is further the case that Land Acquisition Proceedings of the Special Deputy Collector under the Land Acquisition Act, 1894 vide proceedings, dated 04.11.2013, confirmed the same. It is also averred that the residents have electricity, water and sewage connections, after obtaining permission from the concerned authorities.

5. It is averred