Telangana High Court
Vadla Nagesh Chari vs The State Of A.P., Rep. By Its Principal ... on 29 October, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
PUBLIC INTEREST LITIGATION No.180 of 2012
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) Ms. Rama Sita Boddani, learned counsel representing Mr. Ramana Allu, learned counsel for the petitioners appears through video conferencing.
Mr. Muralidhar Reddy Katram, learned Government Pleader for Revenue for the respondents No.2, 5, 6, 7 and 8.
Ms. S.Swathi, learned Assistant Government Pleader for Irrigation & Command Area Development Department for the respondents No.1 and 3.
2. In this petition filed as a public interest litigation, the petitioners, inter alia, seek a direction to the respondents to conduct an enquiry to fix the boundaries by conducting survey in the tanks/kuntas of Nizampet Village, Qutbullapur Mandal, Ranga Reddy District, with the help 2 of satellite imageries or any other method of survey so as to protect the tanks.
3. Facts giving rise to filing of this petition briefly stated are that the petitioners claim to be public spirited individuals and are residents of Nizampet Village, Qutbullapur Mandal, Ranga Reddy District. The grievance of the petitioners is that encroachment is being made on the following water bodies: i) Survey No.105 to the extent of Acs.11.27 guntas (Papaiah Cheruvu); ii) Survey No.232 to the extent of Ac.04.36 guntas (Kotha Kunta); iii) Survey No.302 to the extent of Acs.6.16 guntas (Sriram Kunta);
iv) Survey No.318 to the extent of Acs.3.39 guntas (Aachari Kunta); and v) Survey No.348 to the extent of Acs.52.07 guntas (Turuka Cheruvu). The grievance of the petitioners is that no notification has been issued for fixation of the Full Tank Level (FTL) of the aforesaid tanks. Being aggrieved by the inaction on the part of the respondents, this public interest litigation has been filed.
4. Learned Government Pleader for Revenue submits that the preliminary notification has already been issued. 3
5. We have heard the learned counsel for the parties and have perused the record.
6. A Division Bench of this Court, by an order dated 02.02.2010 passed in W.P.No.9386 of 2007 had directed the State Government to constitute a Lake Protection Committee for preservation and protection of the lakes. In pursuance of the aforesaid order, vide G.O.Ms.No.157, dated 06.04.2010, the Lake Protection Committee has been constituted.
7. The erstwhile Government of Andhra Pradesh by G.O.Ms.No.168, Municipal Administration & Urban Development (M) Department, dated 07.04.2012, had notified the Andhra Pradesh Building Rules, 2012. Rule 3 of the said Rules deals with restriction of building activity in the vicinity of certain areas. The relevant extract of Rule 3 reads as under:
"3. Restriction of Building Activity in the vicinity of certain areas:
(a) Water Bodies:4
(i) No building/development activity shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/shikam lands.
Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.
(ii) The above water bodies and courses shall be maintained as Recreational/ Green Buffer Zone and no building activity shall be carried out within:
(1) 100m from the boundary of the River outside the Municipal Corporation/Municipality/Nagara Panchayat limits and 50m within the Municipal Corporation/ Municipality/Nagara Panchayat limits.
The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.
(2) 30m from the FTL boundary of
Lakes/Tanks/Kuntas of area 10Ha
and above.
(3) 9m from the FTL boundary of
Lakes/Tanks/Kuntas of area
10Ha/shikam lands.
(4) 9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.
5
(5) 2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width upto 10m.
(iii) Unless and otherwise specified in the Master Plan/Zonal Development Plan, (1) In case of (ii)(1) & (2) above, the buffer zone may be utilised for road of minimum 12m width, wherever feasible (2) In case of (ii)(2) above, in addition to development of recreational/ green belt along the foreshores, a ring road or promenade of minimum 12m may be developed, wherever feasible.
(3) The above buffer zone to be left may be reckoned as part of tot lot or organized open space and not for setback requirements.
(iv) In case of Protection of Catchment area of Osmansagar and Himayatsagar lakes covered under the G.O.Ms. No.111 MA dated 08.03.1996, the restrictions on building and development activity imposed there in shall be applicable in Hyderabad Metropolitan Development Authority (HMDA) area.
(v) In case of areas along the Sea Coast, the Coastal regulation Zone (CRZ) regulations shall be followed."
8. Thus, from a perusal of the aforesaid Rule, it is evident that the FTL area of a lake/kunta has to be 6 reckoned as measured and as certified by the Irrigation Department and the Revenue Department. The aforesaid Rule applies to all Urban Development Authority areas and the Urban Local bodies together with Gram Panchayat areas in the State covered in the Master Plans/General Town Planning Schemes/Outline Development Plans.
9. Thus, the respondents are under an obligation to act in consonance with the aforesaid statutory obligations. Therefore, in order to protect the water bodies and to prevent the encroachment around the same, we issue the following directions:
i) The Lake Protection Committee shall proceed to issue a preliminary notification, if not already issued, and shall invite objections on or before the date specified therein.
ii) The Lake Protection Committee, after consideration of the objections, shall issue the final notification fixing the FTL of Papaiah Cheruvu, Kotha Kunta, Sriram Kunta, Aachari Kunta and Turuka Cheruvu;
and 7
iii) The Lake Protection Committee shall take an action for removal of encroachment in accordance with law.
The aforesaid exercise shall be carried out within a period of six months from today.
10. Accordingly, the public interest litigation is disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ J.SREENIVAS RAO, J 29.10.2024 vs