Hyderabad: The Telangana High Court gave the green signal to HYDRAA, revenue and municipal departments for the removal of structures and constructions in the full tank level (FTL) or river bed zone of the Musi.
The court made it clear that the state government has ample power to constitute the HYDRAA which no one could question. The court also said that if the land in the FTL or river bed was patta or shikam patta land, the authorities have to acquire it by paying appropriate compensation.
Justice C.V. Bhaskar Reddy of the High Court also clarified in detail that the state was conferred with powers under Section 4 of the Telangana Irrigation Act, 1357 Fasli to appoint an officer or depute an officer to discharge the functions of an irrigation officer. Therefore, by no stretch of imagination could it be said that the state did not have the powers to constitute HYDRAA.
Further, Justice Bhaskar Reddy observed that the rivers and tanks being the community property, must be held and managed by the state authorities as trustees for the benefit of the community at large. It is their duty to protect waterbodies. As there is no legal sanctity to allotments in certain areas, they do not confer any valid rights upon the allottees.
The Judge was dealing with a batch of petitions filed by residents of New Marutinagar of Kothapet in Hyderabad, whose houses were reportedly constructed in the Musi river bed area.
The petitioners alleged that HYDRAA and other wings of state government were interfering with their peaceful possession were planning to demolish their residential houses. They submitted that they had purchased the houses under registered sale deeds in an approved layout sanctioned by HMDA and obtained building permission from the GHMC and constructed houses in compliance with Building Rules, 2012 which were issued in GO Ms No.168, of the municipal administration and urban development department.
They complained that without having power or authority under the Water Land Tree and Air (Walta) Act, and without issuing notices, HYDRAA and other officials were attempting to demolish their houses on the ground that they fell in the FTL and buffer zone of the Musi.
After elaborate hearings, the court was not inclined to give any relief to the petitioners.
“Since the law has already been made by the state in regard to protecting water bodies, lakes and rivers, the court can serve as an instrument of determining the legislative intent in exercise of their powers under judicial review to protect the pristine glory of the natural resources,” Justice Bhaskar Reddy said.
The court also noted the various policies enunciated by the government were for the benefit of the present and future generations through careful management and constructive policies. Hence, it cannot give any relief to the petitioners.
However, the court issued guidelines to the authorities to be followed before dispossessing any petitioner.
· Notices to be served for removal of unauthorised constructions.
· Immediate steps to be taken for eviction of illegal and unauthorised occupation of the FTL, river bed and buffer zone, and to ensure that no sewage contaminates the Musi water.
· Detailed socio-economic survey to be conducted of the persons whose properties are affected by the rejuvenation of the Musi river, and to accommodate them.
* If the land is patta or shikam patta land, the authorities have to acquire it by paying appropriate compensation in accordance with the law.
* Remove temporary or unauthorized structures/constructions in a time-bound manner.
* Trial courts to scrupulously follow the guidelines issued by the Division Bench of the High Court in ‘Municipal Corporation of Hyderabad, Hyderabad vs. M/s.Philomena Education Foundation of India, Hyderabad’ and the circular issued by the court dated 08.11.2023 before granting stay or other interim injunction orders against the removal of illegal encroachments, particularly those in the FTL or river bed zone.
* Police to extend necessary security to irrigation, revenue, HYDRAA and municipal officials for implementation of the directions.
