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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.Bhaskar Reddy
Chintapalli Subrahmanyam – Appellant
Versus
State of Telangana – Respondent
ORDER :
C.V. Bhaskar Reddy, J.
Since the issue involved in all these writ petitions is intrinsically interconnected, they are taken up and heard together and are being disposed of by this common order.
2. These Writ Petitions are filed by the petitioners to declare the action of the respondents in interfering with their peaceful possession and making efforts to demolish their residential houses/occupations, as illegal, arbitrary and unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently prayed this Court to direct the respondents not to interfere with the possession and enjoyment of their houses, without following due process of law and for other appropriate reliefs.
3. Writ Petition No.27110 of 2024 is taken up as a leading case to decide the lis in this batch of cases.
4. It is stated that the petitioners have purchased their respective houses under registered sale deeds in approved layout sanctioned by Hyderabad Metropolitan Development Authority (HMDA). It is further stated that they obtained construction permissions from the Greater Hyderabad Municipal Corporation (GHMC) and constructed houses in compliance with the Building Rules,
The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.
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 absence of a substantively recognized lake leads to affirming private land ownership, rejecting claims of public water body due to encroachments and pollution.
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 State has a constitutional duty to protect natural resources, and encroachments on public land must be removed to ensure environmental protection and community rights.
Encroachment and pollution of water bodies invoke obligations under environmental protection laws, emphasizing the state's role as trustee for public resources and the need for effective restoration ....
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