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ALOK ARADHE, J. SREENIVAS RAO
L. Urmila Devi – Appellant
Versus
State of Telangana – Respondent
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
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 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.
Land utilization must comply with Full Tank Level regulations to preserve ecological integrity; unauthorized activities affecting water bodies are impermissible.
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.
The Rajasthan Lakes (Protection and Development) Authority Act, 2015 mandates state responsibility for lake conservation, requiring proactive measures from authorities to protect these resources.
The main legal point established is the obligation of the State Government to protect and develop lakes as mandated by the Rajasthan Lakes (Protection and Development) Authority Act, 2015.
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