Telangana High Court’s Historic Ruling: Protect Public Resources, Demolish All Encroachments!

Hyderabad: In a significant ruling, the Telangana High Court on Wednesday addressed the issue of illegal constructions on government lands and water bodies.

The court emphasized that demolishing illegal structures in poorer areas alone is insufficient and called for similar actions against encroachments by the wealthy.

The court made strong remarks regarding the protection of water resources and government lands, specifically targeting the encroachments on the Durgam Cheruvu and Miyapur Cheruvu, where affluent individuals have taken control of valuable public spaces.

Court’s Remarks on Protection of Public Resources

While hearing the case, the court remarked that the laws for the poor should not be applied selectively, suggesting that the same laws should also apply to the rich. “It is not enough to demolish illegal structures in slum areas and display photos in newspapers. The protection of public resources, such as the removal of encroachments from affluent areas like Durgam Cheruvu and Miyapur Cheruvu, will demonstrate genuine commitment to preserving the public interest,” the court observed.

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The court also stressed that removing encroachments from water bodies would ensure long-term public benefits and environmental conservation. It emphasized the need for authorities to take actions against both small and large-scale illegal constructions to uphold the rule of law and fairness.

Petition Against Illegal Construction in Attapur

The case also involved a petition filed by Shams Fatimakhan and others challenging a notice issued by the Tahsildar regarding illegal constructions in the 6.10-acre area at survey numbers 329/1, 329/2, and 329/3 in Attapur, Rajendranagar Mandal, Rangareddy district. The petitioners argued that the Tahsildar’s notice was invalid, citing the letter from the CEO of the Waqf Board as evidence. They contended that the Tahsildar did not have the authority to issue such notices under the Waqf Act and that only the Waqf Board had the jurisdiction to take action on the matter.

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The government lawyer, however, informed the court that a public interest litigation (PIL) had already been filed regarding the encroachments on the Miralam Lake, and actions were being taken for the removal of these encroachments as per the court’s orders.

High Court’s Response on Historical Importance of Lakes

Justice C.V. Bhaskar Reddy, who was presiding over the case, responded by recalling the city’s rich history as the “City of Lakes.” He noted that Hyderabad once had over 2,200 lakes, but now only about 180 remain. He lauded the steps taken by the Nizam for the preservation of lakes, which included the creation of special laws under the Revenue Act for their protection. The court also acknowledged the efforts of the current government, particularly the Hydrabad Metropolitan Development Authority (HMDA), in addressing encroachments in urban areas.

Orders for Joint Survey and Action

The court directed the officials from the Irrigation, Revenue, and Waqf departments to conduct a joint survey regarding the encroachments in the area related to Miralam Lake. The authorities were ordered to take appropriate action if it was found that the land belonged to the government. The court further clarified that the government had the authority to take action under the Irrigation, Waqf, and Telangana Revenue laws to remove encroachments in water bodies.

If the land was confirmed to belong to the Waqf Board, the responsibility for the removal of encroachments would be handed over to the Board.