Land utilization must comply with Full Tank Level regulations to preserve ecological integrity; unauthorized activities affecting water bodies are impermissible.

J U D G E M E N T

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above-captioned application was initially filed by two applicants, both agriculturists by profession and actively engaged in social work. During the pendency of the proceedings, the first applicant, Mr. D. Rajavardhan Reddy, passed away on 20.04.2022. Pursuant to this, his father was substituted in his place vide order dated 21.07.2022 in I.A. No. 120 of 2022 (SZ).

2. This is an application filed to protect the existing Gangamma Cheruvu Full Tank Level (FTL) in Survey Nos.81/1 and 299 of B. Thandrapadu Village, Kurnool Mandal, without being subjected to any other purposes, including conversion of land for construction of houses and direct the official respondents to deepen the said Gangamma Cheruvu for allowing free flow of water.

3. The applicants have alleged that the Sy. Nos.81/1 and 299 are falling within the submersible area of Gangamma Cheruvu as marked in the Village Plan and falling within the FTL boundary. It is also alleged that some private individuals are filling the said land with gravel and other materials, altering the geographical features, which will reduce the storage capacity of the tank and decrease the benefits derived by the ayacutdars. As per G.O. Ms. No.168 dated 07.04.2012 of Panchayatraj Department of Andhra Pradesh, no building/development activity shall be allowed in the bed of water bodies like river, nalla, lake, pond, cheruvu or kunta.

4. It is further stated that on 17.06.2021, the Tahsildar of Kurnool Mandal addressed a letter to the District Collector, Kurnool District, confirming that water was being stored on approximately 50 Acres in Survey Nos.76 to 81, 299, 309 and 310, and used for agriculture and further, the land in Survey Nos. 81/1 and 299 were being unlawfully levelled with mud by realtors. 5. Despite multiple representations by the applicants and residents of B. Thandrapadu Village, the respondent authorities have failed to take action against the illegal filling of land in Survey Nos. 81/1 and 299 with gravel and other materials. Furthermore, the private respondents are proceeding with the unlawful conversion of agricultural land to non-agricultural purposes to facilitate housing projects on Gangamma Cheruvu Tank. Such actions disregard the ecological significance of the area, which sustains hundreds of families and their livestock, and are in clear violation of established environmental and legal norms.

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6. In view of the above, the applicants are left with no alternative but to seek the intervention of this Tribunal.

7. Upon notice, both the official and private respondents entered appearance through their counsels and filed their respective pleadings.

8. The Joint Committee comprising the District Collector – Kurnool District and the Superintending Engineer – Irrigation, Kurnool, was appointed by this Tribunal, to inspect the area in question and submit a factual and action taken report. The said Joint Committee had inspected the area in question on 05.10.2021 and filed the report, which specifically states that:

(i) As per the revenue records i.e. Resettlement Survey Register (RSR) of B. Thandrapadu Village, there is no extent for the Cheruvu in question. Whereas, the water is being stored in the rainy season in certain survey numbers, which include Sy. Nos.81 and 299.

(ii) The Government of Andhra Pradesh, vide G.O. (Ms.) No.216 dated 13.06.2005, had issued orders that all the MI Tanks under the control of Panchayat Raj Department shall be transferred to the Irrigation Department. Accordingly, the Panc