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2024 DIGILAW 808 (TS)

K. L. Vyas, Professor and Head v. Commissioner, Uppal Municipality

2024-09-25

ALOK ARADHE, J.SREENIVAS RAO

body2024
ORDER : (Alok Aradhe, CJ.) Mr. Mohammed Imran Khan, learned Additional Advocate General for the State. Mr. C.H.Jaya Krishna, learned counsel representing Mr. K.Ravinder Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC) for respondent No.1. Mr. A.Vishnu Vardhana Reddy, learned Standing Counsel for the Telangana State Pollution Control Board for respondent No.2. Ms. T.Rajitha, learned Assistant Government Pleader for Municipal Administration and Urban Development Department for respondent No.3. Mr. Pasham Krishna Reddy, learned Standing Counsel for the Hyderabad Metropolitan Development Authority (HMDA) for respondent No.6. Mr. P.Padma Rao, learned counsel for respondent Nos.7, 8 and 9. Mr. E.Madan Mohan Rao, learned Senior Counsel representing Mr. M.Srinivas, learned counsel for respondent Nos.10 to 28. Mr. G.Venkat Reddy, learned counsel for respondent Nos.35 to 38. Ms. B.Rachna, learned Senior Counsel representing Mr. Mohd. Baseer Riyaz, learned counsel for respondent Nos.48 to 59 and proposed respondents in I.A.No.21 of 2024. Mr. S.Sainathan, learned counsel for respondent Nos.60 and 61. Mr. G.Ravi Chandran, learned counsel for respondent Nos.127 to 130. 2. One Dr. K.L.Vyas, Professor and Head, Department of Hindi, Osmania University, Hyderabad has addressed a communication to the Chief Justice of the erstwhile High Court of Andhra Pradesh on 05.02.2005. In the aforesaid communication, it was stated that Hyderabad was a city of lakes and gardens and had about 532 lakes and 200 gardens. It was further stated that gradually the lakes and gardens have vanished giving way to fast growing city centre and only 170 lakes exist. It was further stated that Ramanthapur Pedda Cheruvu is a water body situated on 26 acres of land and is occupied by encroachers and the land of the lake has been plotted and sold out. It was further stated that the water body is being used as a dump yard for throwing municipal garbage, which is a breeding place for mosquitoes and stray dogs. On the basis of the aforesaid communication, this writ petition was registered as public interest litigation. 3. It is pertinent to mention that aforesaid Dr. K.L.Vyas had filed several other writ petitions namely W.P.Nos.24260 of 2008, 30067 of 2011, 13215 of 2012, 3705 of 2012, 12540 of 2012, 4362 of 2013, 8303 of 2013, 11499 of 2015 and PIL.No.254 of 2012. It is pertinent to note that Ramanthapur Pedda Cheruvu was a subject matter in the previous writ petitions filed by Dr. K.L.Vyas had filed several other writ petitions namely W.P.Nos.24260 of 2008, 30067 of 2011, 13215 of 2012, 3705 of 2012, 12540 of 2012, 4362 of 2013, 8303 of 2013, 11499 of 2015 and PIL.No.254 of 2012. It is pertinent to note that Ramanthapur Pedda Cheruvu was a subject matter in the previous writ petitions filed by Dr. K.L.Vyas namely W.P.Nos.24260 of 2008, 30067 of 2011, 13215 of 2012, 3705 of 2012, 12540 of 2012, 4362 of 2013, 8303 of 2013, 11499 of 2015 and PIL.No.254 of 2012. The petitioner in the said writ petitions Dr. K.L.Vyas did not appear before the Court. Thereafter, a Division Bench of this Court has appointed an Amicus Curiae. Neither Dr. K.L.Vyas, learned Amicus Curiae nor any counsel for the respondents brought to the notice of the Division Bench of this Court that the present writ petition namely W.P.No.4462 of 2005 in respect of Ramanthapur Pedda Cheruvu is pending. A Division Bench of this Court by a common order dated 11.07.2016 disposed of the writ petitions namely W.P.Nos.24260 of 2008, 30067 of 2011, 13215 of 2012, 3705 of 2012, 12540 of 2012, 4362 of 2013, 8303 of 2013, 11499 of 2015 and PIL.No.254 of 2012. The order passed by a Division Bench of this Court in the said writ petitions is extracted below for the facility of reference: “Heard Sri V.Narasimha Goud with Sri C.Raghu, Sri H.Srinivas Rao (amicus curie), Sri P.Lakshma Reddy, Sri V.Ramchander Goud, Sri Krishna Reddy Putta and Sri V.Ramakrishna Reddy, learned counsel for the petitioners, Sri T.Sudhakar Reddy, learned Standing Counsel for Hyderabad Metropolitan Water Sewerage Board; Sri Pasham Krishna Reddy, learned Standing Counsel for GHMC; Sri Y.Rama Rao, learned Standing Counsel for Hyderabad Metropolitan Development Authority; Sri T.V.Ramana Rao, learned Standing Counsel for Telangana State Pollution Control Board; Sri Rajesh Nehta, learned Government Pleader for Roads & Buildings; and learned Government Pleaders for Irrigation and Revenue, for respondents. This group of writ petitions, including PIL, raise common questions in respect of different tanks in the city of Hyderabad including Ramanthapur Pedda Tank (Cheruvu). The official respondents propose to put up fence to protect Full Tank Level (FTL) and we are informed that the Government sanctioned monies for the same long back. This group of writ petitions, including PIL, raise common questions in respect of different tanks in the city of Hyderabad including Ramanthapur Pedda Tank (Cheruvu). The official respondents propose to put up fence to protect Full Tank Level (FTL) and we are informed that the Government sanctioned monies for the same long back. It appears, the moment respondents took steps for erecting fence, several private individuals, such as the petitioners herein, approached this Court seeking protection of their lands contending that they are holding pattas and unless their lands are acquired, those cannot be used for any purpose whatsoever and that, the fence cannot be erected covering their lands. Learned counsel appearing for the official respondents, on the other hand, deny rights, title and interest of private individuals including petitioners. They, however, state that they have no objection to once again ascertaining whether any private lands are covered by FTL. In this backdrop, after having heard learned counsel for the parties, they have agreed for the order that we propose to pass and have fairly stated that we need not record reasons for disposal of these petitions. Hence, we dispose of these petitions with the following order: (1) “The concerned respondents i.e. Greater Hyderabad Municipal Corporation (GHMC); Hyderabad Metropolitan Development Authority (HMDA), Irrigation, and Revenue, shall conduct survey of all lakes/tanks/lands within the limits of GHMC to determine FTL after issuing notice to the petitioners/unofficial respondents or any other person who claim that their lands are within FTL and then, proceed to put up fence, covering the FTL. Mr.Bhaskar Reddy, learned Special Government Pleader, submits that survey would be conducted by the Assistant Director, Survey and Settlements. His statement is accepted. (2) It is open to the official respondents, then to take appropriate steps to erect fence and to take action, in accordance with law, for removal of encroachments, if any, in FTL area of the lakes. (3) We hope and trust that the official respondents shall complete this exercise on or before 31.12.2016. (4) If the concerned official respondents find that the lands fall within FTL, are private patta lands, they may give an intimation to such land owners and take further steps for acquiring those lands and for payment of compensation in accordance with law. It is needless to mention that the concerned authority shall complete acquisition proceedings and payment of compensation expeditiously. It is needless to mention that the concerned authority shall complete acquisition proceedings and payment of compensation expeditiously. Parties have agreed that pending acquisition, they shall not have any objection for fencing FTL and even for removal of structures, if any, therein, after following due process of law and subject to their right to claim compensation in accordance with law. (5) If right, title and interest of the petitioners in the lands within FTL is disputed/denied by the concerned official respondents, the District Collector shall inform the same to the petitioners/private respondents or any other person before the end of February, 2017 and in that eventuality, it is open to all such petitioners/private individuals to approach civil Court seeking declaration of their title. If the petitioners/private individuals succeed in establishing their title over the lands covered by FTL, the official respondents, subject to their right to appeal, shall take steps to pay compensation to all such petitioners/private individuals in accordance with law. (6) Under any circumstances, the petitioners or other individuals/encroachers shall not obstruct the concerned official respondent from erecting fence covering the FTL after the exercise of survey is complete and subject to their right to seek compensation, as aforementioned. (7) While passing this order, we shall not be understood to have examined rights of the petitioners or private individuals or unofficial respondents. (8) We make it clear that the HMDA shall act as nodal authority for giving effect to this order. (9) The Pollution Control Board shall take all steps to prevent pollution in the lakes within the jurisdiction of HMDA. It is needless to mention that once FTL is determined, no construction shall be allowed in that area. This, however, shall not preclude the concerned authorities from strengthening the bund and development of pipeline by sewerage board within FTL area for preventing storm water in the lakes.” Consequently, miscellaneous petitions, if any, also stand disposed of.” 4. Learned Senior Counsel for the implead applicants in I.A.Nos.5 of 2024 and 21 of 2024 has invited the attention of this Court to the additional report filed on behalf of the Commissioner, Uppal Municipality, Ranga Reddy District and has submitted that the issues involved in this petition have been taken care of by the Municipality. 5. Learned Senior Counsel for the implead applicants in I.A.Nos.5 of 2024 and 21 of 2024 has invited the attention of this Court to the additional report filed on behalf of the Commissioner, Uppal Municipality, Ranga Reddy District and has submitted that the issues involved in this petition have been taken care of by the Municipality. 5. Learned counsel for respondent Nos.7 to 9 submitted that the issue involved in this writ petition is covered by a common order dated 11.07.2016 passed in W.P.No.24260 of 2008 and batch and therefore, no orders are required to be passed. 6. Learned counsel for the implead applicants in I.A.No.16 of 2024 submitted that on account of efflux of time, the writ petition has been rendered infructuous. The attention of this Court has also been invited to paragraph Nos.3 and 4 of the counter filed on behalf of the HMDA. 7. Learned counsel for respondent Nos.60 and 61 as well as implead applicants in I.A.No.6 of 2024 submitted that the writ petition has been rendered infructuous and the FTL report of Ramanthapur Pedda Cheruvu has already been fixed as 17.26 acres. Attention of this Court has also been invited to the Joint Inspection Report dated 21.02.2009. 8. Learned counsel for the implead applicants in I.A.Nos.5 of 2024, 21 of 2024 and 23 of 2024 have also submitted that no further orders are required to be passed in this writ petition. 9. On the other hand, learned Additional Advocate General has invited the attention of this Court to the compliance report filed on behalf of the Commissioner, Uppal Municipality and has submitted that no final notification has been issued fixing the full tank level. It is further submitted that preliminary notification was issued by the Lake Protection Committee on 11.10.2023. However, the final notification is yet to be issued. It is further submitted that respondents are ready and willing to comply with such directions as may be issued by this Court for protection of the water body in question. 10. Learned Standing Counsel for HMDA submitted that the HMDA is ready and willing to take all steps as are necessary in law to be taken for conservation and preservation of the water bodies. It is also submitted that no final notification with regard to fixation of FTL has been issued. 11. We have considered the submissions made on both sides and have perused the record. 12. It is also submitted that no final notification with regard to fixation of FTL has been issued. 11. We have considered the submissions made on both sides and have perused the record. 12. In compliance of the directions issued by Division Bench of this Court in the common order dated 11.07.2016 passed in W.P.No.24260 of 2008 and batch, the Commissioner, Uppal Municipality has filed an additional report wherein it has been stated as follows: i) The HMDA had issued a preliminary notification of Ramanthapur Pedda Cheruvu for fixation of FTL on 11.10.2023. ii) It has been pointed out that an area admeasuring 1871 meters of the lake is covered by fence and the estimates will be prepared for the balance 1471 meters and the remaining work of fencing shall be carried out. iii) That de-silting work of Ramanthapur Pedda Cheruvu will be taken up immediately after fencing activity is completed. iv) The GHMC has already approved beautification of Ramanthapur Pedda Cheruvu for an estimated amount of Rs.160 lakhs on 08.07.2022 and after fixation of FTL, additional sanctions will be accorded. v) The GHMC has sent communications dated 15.09.2023 and 07.10.2023 to divert the sewerage lines connection to Ramanthapur Pedda Cheruvu to Municipal Administration and Urban Development Department. vi) The GHMC is continuously undertaking the work of cleaning garbage, littering and lifting the same with machines. vii) The Entomology Wing of GHMC sprays the weedicides by drones and releases oil balls as well as Gambusia Fish in the lake to control mosquito growth in Ramanthapur Pedda Cheruvu. viii) The dog squad team of Veterinary Section of GHMC has also taken action to control the menace of stray dogs and is sterilising the stray dogs. 13. We have carefully perused the material on record. 14. The issue which survives for consideration in this public interest litigation is whether any final notification has been issued fixing the FTL level in respect of the tank in question. The Joint Inspection Report of Pedda Cheruvu, Ramanthapur Village, Uppal Mandal, Ranga Reddy District dated 21.02.2009, which has been relied on behalf of respondents, who submit that the said inspection report fixes the full tank level, is extracted below for the facility of reference: “Joint Inspection Report of Pedda Cheruvu, Ramanthapur village, Uppal Mandal, Ranga Reddy District, dated, 21.02.2009. The Joint Inspection Report of Pedda Cheruvu, Ramanthapur Village, Uppal Mandal, Ranga Reddy District dated 21.02.2009, which has been relied on behalf of respondents, who submit that the said inspection report fixes the full tank level, is extracted below for the facility of reference: “Joint Inspection Report of Pedda Cheruvu, Ramanthapur village, Uppal Mandal, Ranga Reddy District, dated, 21.02.2009. Pedda cheruvu of Ramanthapar village, Uppal Mandal, Ranga Reddy District is located on the State High Way from Hyderabad to Warangal. The revision survey of Ramanthapur village was conducted in the year 1938 (1347 Fasli). As per the revision map Sy.No.42 and 43 are partly shown as Pedda Cheruvu water body. As per Revenue Records the entries are as under:- Sy.No. Extent Ac. Gts. Classification Name of the pattedar Remarks 42 13-09 Patta Pedda Cheruvu G.Chittariah 43 15-37 -do- G.Chittariah As per Sethwar the extent was Ac.17-04 gts, and due to subsequent correction the extent is Ac.15- 37 gts in Revenue Records. Total 29-06 There was an extent of Ac.21-00 gts, as registered Ayacut under the source. Due to Urbanisation, the entire ayacut has been converted into residential houses with the permissions of the Municipality and HUDA. Over a period of time, the sluice of the source is closed due to conversion of ayacut into residential area. The weir of the source was also removed and a State High Way road was laid. Two Nos. of 1.00 Mtr Dia Pipes were provided for letting out the surplus water from the tank. Part of the above two Sy.Nos., lands are also covered by residential colonies and multistoried buildings with the permission of Municipality and HUDA. The following is the ground status as on the date of inspection i.e; 31.02.2009. 1. In Sy.No.42, the total extent is Ac.13-09 gts, out of which Ac.3-00 gts has been covered by the FTL. In the FTL area, an extent of Ac.0-30 gts is covered by the temporary hutments. An extent of Ac.0-26 gts has been covered by the Road widening. 2. In Sy.No.43, the total extent is Ac.15-37 gts, out of which Ac.14-26 gts, has been covered by the FTL. In the FTL area, an extent of Ac.1-17 gts, is covered by the temporary hutments and permanent structures. An extent of Ac. 0-24 gts, has been covered by road widening. The above details are in-corporated in the Map.” 15. 2. In Sy.No.43, the total extent is Ac.15-37 gts, out of which Ac.14-26 gts, has been covered by the FTL. In the FTL area, an extent of Ac.1-17 gts, is covered by the temporary hutments and permanent structures. An extent of Ac. 0-24 gts, has been covered by road widening. The above details are in-corporated in the Map.” 15. Thus, it is evident that the aforesaid Joint Inspection Report is not a final notification fixing the FTL level in respect of Ramanthapur Pedda Cheruvu. There is no material on record to demonstrate that any final notification has been issued fixing the FTL level of Ramanthapur Pedda Cheruvu. 16. In addition to the directions issued on 11.07.2016, we issue the following directions: i) The Lake Protection Committee shall consider all the objections preferred in pursuance of the preliminary notification dated 11.10.2023. In addition, the implead applicants before this Court shall also be given an opportunity to submit their objections within a period of three (03) weeks from today. ii) The Lake Protection Committee shall afford an opportunity of hearing to all the implead applicants as well as to persons who may have submitted objections in pursuance of preliminary notification dated 11.10.2023. Thereafter the Lake Protection Committee shall issue a final notification in respect of Ramanthapur Pedda Cheruvu within a period of four (04) months from today. iii) Needless to state that after fixation of the FTL level, the work of erection of the fence around the FLT of the tank in question shall be undertaken within a period of six (06) months from the date of issuance of final notification. iv) The de-silting work as well as the work of plantation and beautification of the bank in question shall be carried out within a further period of six (06) months. v) The Secretary, Municipal Administration and Urban Development Department shall take steps to ensure that the sewerage lines connected to Ramanthapur Pedda Cheruvu are diverted. The aforesaid exercise shall be completed within a period of six (06) months from today. vi) The GHMC shall protect the water body from encroachment and take steps to preserve and maintain the same. 17. With the aforesaid directions, the Writ Petition is disposed of. Miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.