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2023 DIGILAW 127 (TS)

Wynn Homes Pvt. Ltd. v. State of Telangana

2023-02-09

SUREPALLI NANDA

body2023
ORDER : 1. Heard the learned Senior Counsel Sri B.Chandrasen Reddy for the Petitioner, G.P. for Panchayat Raj and the learned Government Pleader for Irrigation. 2. The Petitioner filed this petition seeking Writ of Mandamus with prayer is as follows: “declaring the action of the Respondents No. 3 to 12 in not implementing the Proceedings No. EE/IB/MDK1556 dated 15.09.2020 issued by the nd Respondent is illegal, arbitrary, unconstitutional and in violation of Article 14 and 300-A of the Constitution of India and consequently direct the Respondents No. 3 to 12 to implement the Proceedings No. EE/IB/MDK/556 dated 15.09.2020 issued by the 2nd Respondent to streamline the excess course of water coming from Yellamma Tank of Manoharabad Village which is proceeding to Pedda Cheruvu of Ramaipally.” 3. Counter Affidavit filed by the Respondents No. 1 to 3, in particular, paras No. 9, 10 and 11 read as under: “9. In reply to Para No. 8, it is humbly submitted that the 2nd respondent issued orders on 15.09.2020 to demarcate and to restore of the surplus channel and addressed a letter to he NHAI for construction of a new bridge in place of culvert which is not sufficient to discharge the excess water from Yellamma cheruvu. 10. In reply to Para No. 10, it is humbly submitted that, in monsoon and due to recent heavy rains in Manoharabad (V&M) the Yellamma cheruvu was filled with water upto Full tank level and there was heavy surplus water and that due to encroachment of the natural surplus course channel, the water is stagnating in the agricultural fields and not feeding the Ramaipally Pedda Cheruvu. That the answering respondents are taking steps to restore the same with due discussion with the encroachers and nearby farmers and following the due process of law. 11. In reply to Para 11, it is humbly submitted that no irrigation canal or surplus course channel shall be polluted by diverting the drainage water into those channels and it is the responsibility of the respective Gram Panchayats to divert the same and make the irrigation canal or surplus course channel free from pollution. It is pertinent to submit that the 3rd respondent is taking all possible steps to implement the orders of the 2nd respondent as stated above. It is pertinent to submit that the 3rd respondent is taking all possible steps to implement the orders of the 2nd respondent as stated above. That in course of restoration of the natural surplus course channel, the respondents herein require police aid and this Hon’ble Court may pleased to direct the police to provide protection during the process of restoration of natural surplus course channel from Yellamma cheruvu, Manoharabad to Pedda cheruvu Ramaipally.” 4. Counter Affidavit filed by the Respondent No. 12, in particular, para No. 8 reads as under: “It is submitted that however, it appears that the nd respondent issued proceedings No. EE/IB/MDK/556, dated 15.09.2020 based on the memoirs, the section is worked out by discharge of surplus course of Yellamma Cheruvu to feed Pedda Cheruvu of Ramaipally for which worked out to lined canal is shown in the topo sheet based on the Google map and instructed the DEE, IB Division, Toopran to demark the surplus course from Yellamma Cheruvu, Manoharabad to feed Pedda Cheruvu of Ramaipally Village on the ground with the help of Sarpanch and EO of Manoharabad, and this answering respondent Gram Panchayat is also ready to cooperate for restoring the natural stream of surplus course from Yellamma Cheruvu.” 5. Counter Affidavit filed by the Respondent No. 10, in particular, para No. 8 reads as under: “It is submitted that since the Irrigation Department is appropriate authority to give the particulars of the said natural stream of surplus course from Yellamma Cheruvu, it appears that the petitioner approached the nd respondent to clarify that if any feeder channel or flood channel is passing through the property of the petitioner to give NOC for making constructions/ development of the property belongs to the petitioner, and it appears the said representation was forwarded to the 3rd respondent Deputy Executive Engineer, who in turn submitted a report dated 04.09.2020 to the nd respondent after inspecting the ground position, and it appears basing on the above said report the 2nd respondent issued proceedings No. EE/IB/MDK/556, dated 15.09.2020, instructing their subordinate authority to identify the surplus course with the coordinates by the help of Sarpanch and EO of Manoharabad Village and Mandal as per the alignment shown in the topo sheet based on the Google map to protect the channel from future encroachments and further instructed the DEE, IB Division, Toopran i.e. 3rd respondent herein to demark the surplus course from Yellamma Cheruvu of Manoharabad Village and Manal to feed Pedda Cheruvu Ramaipally Village of Manoharabad Mandal on the ground with the help of Sarpanch and EO of Manoharabad as per the alignment shown in the Topo sheet.” 6. The proceedings No. EE/IB/MDK/ 556, dt. 15.09.2020 of the 2nd Respondent herein is extracted hereunder: “The Deputy Executive Engineer, IB Sub Division Toopran have submitted the proposals for surplus course from Yellamma Cheruvu Manoharabad (V&M) to feed the Pedda Cheruvu Ramaipally (V) of Manoharabad (M). It is observed that the Surplus course of Yellamma cheruvu situated inManoharabad (&M) is a Minor Irrigation tank. During inspection this surplus course is disturbed long back and NHAI Authority has not taken the Yellamma Cheruvu discharge in to account and constructed culvert with 3.00 m x 1.50m @ Hyderabad, Nagpur KM 453/1. As per Topo sheet No. 56K/5 the surplus course is passing through fields and crossing NH 44, is to be modified for required discharge from Yellamma cheruvu Manoharabad (V&M) to feed Pedda Cheruvu Ramaipally (V) of Manoharabad (M), which is enclosed copy along with showing the alignment. As per Topo sheet No. 56K/5 the surplus course is passing through fields and crossing NH 44, is to be modified for required discharge from Yellamma cheruvu Manoharabad (V&M) to feed Pedda Cheruvu Ramaipally (V) of Manoharabad (M), which is enclosed copy along with showing the alignment. Based on the memoirs the section is worked out by discharge of surplus course of Yellamma cheruvu Manoharabad (V&M) to feed Pedda cheruvu Ramaipally (V), Manoharabad (M) for which worked out to lined canal is shown in the Topo sheet based on google map, Topo sheet and Ground levels the alignment to be fixed with co-ordinates. The lined canal sectional area is 4.50m x 3.50 m, this shall be adopted as per the site conditions. It is instructed to identify the surplus course with the Co-ordinates by the help of sarpanch and E.O of Manoharabad (V&M) as per the alignment shown in the Topo sheet to protect the channel from future encroachments. Further it is instructed to The Deputy Executive Engineer, IB Sub Division Toopran to demark the surplus course from Yellamma cheruvu Manoharabad (V&M) to feed Pedda Cheruvu Ramaipally (V) of Manoharabad (M), on the ground with the help of Sarpanch and E.O of Manoharabad (V&M) as per the alignment shown in the Topo sheet.” PERUSED THE RECORD: DISCUSSION & CONCLUSION: 7. A bare perusal of the contents of the proceedings No. EE/IB/MDK/556, dt. 15.09.2020 of the 2nd Respondent herein (extracted above) clearly indicates that a culvert had been constructed with 3.00m x 1.50m @ Hyderabad – Nagpur KM 453/1 and as per Topo sheet No. 56K/5, the surplus course is passing through fields and crossing NH-44, is to be modified for required discharge from Yellamma Cheruvu, Manoharabad (V&M) to feed Pedda Cheruvu Ramaipally (V) of Manoharabad Mandal as per the alignment shown in the topo sheet to protect the channel from future encroachments. In view of the fact that decision has been taken to demark the surplus course from Yellamma Cheruvu, Manoharabad (V&M) to feed Peddacheruvu Ramaipally (V) of Manoharabad Mandal as per the alignment shown in the topo sheet which is evident as per the contents of the proceedings dt. 15.09.2020 of the 2nd Respondent herein vide No. EE/IB/MDK/556, this Court opines that there cannot be any further delay in implementing the proceeding dt. 15.09.2020 of the 2nd Respondent herein, since the orders of the 2nd Respondent dt. 15.09.2020 of the 2nd Respondent herein vide No. EE/IB/MDK/556, this Court opines that there cannot be any further delay in implementing the proceeding dt. 15.09.2020 of the 2nd Respondent herein, since the orders of the 2nd Respondent dt. 15.09.2020 clearly indicate the direction of demarcation and restoration of the surplus channel and in view of the fact that it is clearly stated at para 10 of the Counter Affidavit filed by the Respondents No. 1 to 3, that the Respondents are taking steps to restore the same with due discussion with the encroachers and nearby farmers and following the due process of law, the respondents admittedly having commenced the work for restoration of surplus channel from Yellama Cheruvu to Peddacheruvu, Ramaipalle (V) on 26.09.2020 in pursuance to the proceedings dated 15.09.2020 of the 2nd respondent and in pursuance to Grampanchayat Resolution dated 16.10.2020 of the Grampanchayat members of Manoharabad Village, the Respondents 3 to 12 are therefore directed to implement the proceedings vide No. EE/IB.MDK/556, dated 15.09.2020 of the 2nd Respondent herein to restore the surplus channel of Yellamma tank of S.C. colony in Manoharabad Village by initiating necessary steps with due discussion with the encroachers and nearby farmers by following the due process of law within a period of 2 weeks from the date of receipt of the copy of the order. 8. The Writ Petition is accordingly disposed of with the above observations. However, there shall be no order as to costs. 9. Miscellaneous Petitions, if any, pending shall stand dismissed.