Demolitions: Telangana HC grants relief to Durgam Cheruvu vicinity residents

Telangana High Court grants relief to residents living near the Durgam Cheruvu lake, preventing authorities from demolishing their homes under claims that they infringe on the Full Tank Level (FTL) and Buffer Zone.

By LEGAL CORRESPONDENT

Hyderabad: The Telangana High Court has granted relief to residents living near the Durgam Cheruvu lake, preventing authorities from demolishing their homes under claims that they infringe on the Full Tank Level (FTL) and Buffer Zone. This order is temporary and will remain in effect until the Lake Protection Committee of the Hyderabad Metropolitan Development Authority (HMDA) issues a final notification regarding the lake’s FTL.

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During the proceedings, the court set an eight-week timeline for the HMDA and the Irrigation Department to finalize and demarcate the FTL for Durgam Cheruvu. The Division Bench, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, expressed dissatisfaction with the delay in issuing the final notification, which has been pending since a preliminary notification was made in 2014. The judges questioned how authorities could take action against buildings without the FTL being officially designated.

Residents from Kavuri Hills and Amar Housing Society, including Chief Minister A Revanth Reddy’s brother, Tirupathi Reddy, will benefit from the court’s decision. The court emphasized that demolitions cannot proceed until the final notification is issued.

The case arose from three petitions filed by Amar Housing Society and individuals L. Urmila Devi and Boda Priyatam Reddy, who contested the recent re-fixing of the FTL to 165 acres, a significant increase from the 65 acres and 12 guntas recorded in government records since 1970. The court had previously sought clarification on how and when this new FTL was established and the procedures followed by the state government in determining FTLs for water bodies.

During the hearing, government counsel acknowledged that the Lake Protection Committee had only issued a preliminary notification regarding various lakes, including Durgam Cheruvu, and no final notification had been provided. Senior counsel Avinash Desai representing the petitioners argued that objections to the preliminary notification had been submitted but remained unaddressed, yet authorities were initiating demolitions based on the purported FTL limits.

In response, the court directed authorities to refrain from taking coercive action until a final notification is issued. Additionally, the court instructed petitioners to present their objections to the Lake Protection Committee on October 4 at 11 am, emphasizing the need for the committee to provide a comprehensive response and issue a final notification within six weeks following the meeting.