IMPORTANT POINT
IMPORTANT POINT
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.

ORDER :

(Alok Aradhe, CJ.) :

Mr. P.Roy Reddy, learned counsel for the petitioners in W.P.Nos.25702 and 25710 of 2024.

Mr. Avinash Desai, learned Senior Counsel representing Mr. M.Pranav, learned counsel for the petitioners in W.P.No.25832 of 2024, appears through video conferencing.

Mr. Pottigari Sridhar Reddy, learned Special Government Pleader attached to the office of learned Advocate General for the State.

Mr. V.Narasimha Goud, learned Standing Counsel for the Hyderabad Metropolitan Development Authority.

2. With the consent of the learned counsel for the parties, the matters are heard finally.

3. In these writ petitions, the petitioners have questioned the action of the respondents in treating the Full Tank Level (FTL)/water spread area of Durgam Cheruvu tank to be more than Acs.160.00 as opposed to the original extent of Acs.65.12 guntas as per the original engineering standards of the said tank shown in the official descriptive memoirs of the Irrigation Department.

4. Facts giving rise to filing of these writ petitions briefly stated are that the petitioners are residents of the area, which is situated in and around Durgam Cheruvu tank. According to the petitioners, Hyderabad Metropolitan Development Authority (HMDA) issued a preliminary notification dated 07.06.2014 notifying the FTL of several tanks including Durgam Cheruvu and invited objections upto 15.07.2014.

5. It is the case of the petitioners that they have submitted objections in pursuance of the aforesaid preliminary notification. However, the aforesaid objections have not been considered till today by the Lake Protection Committee and FTL has not been notified. In the aforesaid factual background, the following reliefs have been sought in the writ petitions:

W.P.No.25702 of 2024:

“For the reasons stated in the accompanying Affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents in treating the Full Tank Level/water spread area of the Durgam Cheruvu tank to be more than Acres 160, as opposed to the original extent of Acres 65.12 Guntas, as per the original engineering standards of the said tank shown in the official “Descriptive Memoirs” of the Irrigation Department, thereby affecting the Petitioner’s private property covered by Plot No.79, situated in Amar Cooperative Housing Society, Sy.No.47 of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District as illegal, arbitrary, wholly without jurisdiction, contrary to the principles of natural justice, violative of the provisions of the A.P.Survey and Boundaries Act, 1923 (now the Telangana Act), contrary to the safeguards provided in Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the Respondents to adhere to the extent of Full Tank Level/water spread area of the said tank as Acres 65.12 Guntas and further direct the Respondents not to interfere in any manner whatsoever with the Petitioner’s peaceful possession of the said private property and pass such other order/s as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

W.P.No.25710 of 2024:

“For the reasons stated in the accompanying Affidavit, the petitioner prays that the Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents in treating the Full Tank Level/water spread area of the Durgam Cheruvu tank to be more than Acres 160, as opposed to the original extent of Acres 65.12 Guntas, as per the original engineering standards of the said tank shown in the official “Descriptive Memoirs” of the Irrigation Department, thereby affecting the Petitioner’s private property covered by Plot Nos.63 & 64, situated in Amar Cooperative Housing Society, Sy.No.47 of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District as illegal, arbitrary, wholly wi