Telangana HC Directs State to Clarify Procedures for Setting Lake FTL
HYDERABAD: The Telangana High Court on Friday directed the state government to apprise it of the procedures followed by the irrigation and revenue departments in fixing the full tank level (FTL) for lakes and other water bodies.
A division bench, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, wanted to know if there was any statute that prescribed the procedure to fix FTL or executive orders or statutory sanction that has been passed by the government in this regard, in case no statute had been brought in.
The court directed the HMDA, GHMC and other departments concerned to submit these details by September 23.
The bench issued the directions in the petition filed by L. Urmila Devi of Srinagar Colony, who challenged the decision of HMDA, irrigation and revenue departments who, of their own accord, had
increased the extent of FTL of the Durgam Cheruvu from 65.12 to 160 acres. As a result, the petitioner's land in Survey No. 47 of Guttala Begumpet had fallen in the FTL and the authorities stated that the property was an encroachment.
Senior counsel P. Roy Reddy, representing the petitioner, submitted that according to the public works department records of 1970 and the official memoirs of the irrigation department, the water spread at FTL in Durgam Cheruvu was 65 acres and 12 guntas. He also submitted the 2005 HUDA letter regarding the same extent.
According to Roy Reddy there is no law which prescribed the procedure to fix the FTL. It was based on reports that the authorities were re-fixing the FTLs. Counsel brought to the notice of the court that there should be a uniform procedure to fix the FTL and requested to allow the petitioner’s property in Guttala Begumpet for construction purposes.
Chief Justice Aradhe said that if such orders were passed by this court, then a series of similar petitions will be filed. He said that merely on the ground that there was no procedure, one could not demand that they be allowed to construct near waterbodies.
"By stating that no FTL was fixed to Hussainsagar as per procedure, one cannot construct a house near the lake”, Chief Justice Aradhe said.
Further, the CJ recalled that the Supreme Court has issued guidelines in ‘Mantri Techzone Pvt. Ltd v Forward Foundation and Ors. (2019)’ to the effect that constructions could be prohibited 75 metres from the periphery of a water body for maintaining a green belt and buffer.
The Chief Justice also said that the High Court would issue the guidelines, if there is no such procedure in the state and if no scientific approach is followed by the authorities in fixing the FTL.
