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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
| Table of Content |
|---|
| 1. petitioners seek relief for unlawful demolition. (Para 2) |
| 2. petitioners purchased property with proper approvals. (Para 4) |
| 3. respondents outline musi river rejuvenation measures. (Para 5) |
| 4. petitioners argue lawful ownership and occupation. (Para 6 , 7) |
| 5. government's duty to protect communal properties. (Para 19 , 20) |
| 6. judicial confirmation of government authority to act. (Para 22 , 23) |
| 7. court's directives for removal of illegal encroachments. (Para 24) |
| 8. writ petitions disposed of. (Para 25) |
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
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 tribunal emphasized the necessity of restoring natural drainage to prevent further environmental degradation and affirmed the lack of legal recognition for the lake status of Mazid Banda 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.
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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