THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14981 of 2025

ORDER:

This writ petition is filed seeking to declare the action of respondent Nos.5 and 6 in issuing the notice vide Ref.No.EE/ID/CHNR/DB/Nilwai/104/M dated 27.03.2025, alleging “unauthorised construction of a check dam in the gorge portion of the Nilwai Project Downstream” adjacent to the petitioner’s agricultural land situated at Mamada Village, Vemanpalle Mandal, Mancherial District, in Survey No.29, admeasuring Acs.3.00, as illegal and arbitrary and for other appropriate reliefs.

The petitioner claims to be the absolute owner and possessor of agricultural land admeasuring Acs.3.00 situated in Survey No.29 at Mamada Village, Vemanpalle Mandal, Mancherial District, having acquired the same by way of succession. It is stated that out of the said land, an extent of Ac.1.002 guntas has already been acquired by the State Government in connection with Nilwai Medium Irrigation Project initiated in the year 2005 and compensation has been paid for the said land. It is further stated that apart from that, an additional extent of Ac.1.02 guntas in the remaining land has also been utilised for the purpose of dumping and filling of project related waste and as such, in order to prevent soil erosion and protect the stability of the remaining agricultural land, the petitioner constructed small protective barrier, measuring approximately 1.5 feet in height and 25 meters in length, which lies within the downstream portion, without causing any obstruction to any natural watercourse or public project. The grievance of the petitioner is that despite the same, respondent No.6 i.e, Executive Engineer, I & CADD, Irrigation Division No.2, Chennur, Mancherial, under the influence of certain political persons, issued the impugned notice dated 27.03.2025 alleging unauthorised construction of “check dam” in the gorge portion of the Nilwai Medium Irrigation Project and directing to remove the same, without conducting any proper survey.

Learned counsel for the petitioner vehemently contends that as per the provisions of the Telangana Irrigation Act, 1357 False, pattadars (landowners) are entitled to construct small tanks or ponds on their land for irrigation purposes with prior sanction of the competent authority; since the extent in occupation of the petitioner is below Acs.3.00, no such permission is required for construction of such small pond/

tank to cultivate the petitioner’s patta land, as the said construction is only a irrigation source for the petitioner; and as such the impugned notice issued by respondent No.6, without conducting proper survey, cannot be sustained in law.

Learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 3 submits that the petitioner has unauthorisedly constructed a check dam in the Gorge portion of Nilwai Project which is about 120 M from D/s of the Earthern Bund and which directly affects the safety of the Earthern Bund; there is no sufficient water in the Nilwai Project (old river course) and moreover the petitioner is obstructing free follow of water and also causing damage to the irrigation source; as the said act of the petitioner constitutes severe offence under the provisions of the Dam Safety Act, 2021, respondent No.6, by duly following the procedure prescribed under the said Act, has rightly issued the impugned notice directing the petitioner to remove the said unauthorisedly constructed check dam.

Since it is the specific case of the respondents that the petitioner has unauthorisedly constructed a check dam causing obstruction to the free flow of water and safety of Earthern Bund of Nilwai Project and same amounts to violation of the provisions of the provisions of Dam Safety Act, 2021, this Court without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by permitting the petitioner to submit explanation to the said notice an