The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Appeal No.1162 of 2005
Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of order dated 05.02.2004, passed
by the learned Single Judge, in W.P.No. 13192 of 2002.
2. The facts of the case reveal that the respondent/writ petitioner,
claiming to be owner of Acs.14.08 guntas of land in Survey Nos.23, 24, 25, 26, 27 and 28 of Nacharam Village, Uppal Mandal, Ranga Reddy District, filed the Writ Petition stating that the appellant/Hyderabad Metropolitan Development Authority (HUDA) is interfering with her possession.
3. Reply was filed by HUDA stating that the land in question is a part of a tank by name Patel Cheruvu and it is one of the 169 lakes that have been identified for preservation and maintenance. It was also stated that HUDA is not interfering with the possession of the respondent/writ petitioner in any manner except reinforcing the bund of the tank to ensure that it retains the water. Writ Petition was disposed of keeping in view of the aforesaid circumstances. However, it was directed that HUDA shall not interfere with the possession of the respondent/writ petitioner. Writ Appeal was preferred immediately in the matter by HUDA and it was stated that the HUDA is making all sincere efforts to preserve the lake and they are ensuring that no encroachment takes place in the lake area.
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4. In the considered opinion of this Court, the present Writ Appeal deserves to be disposed of with liberty to the appellant/HUDA to take appropriate steps in accordance with law for preserving the lake in question. The appellant/HUDA shall also ensure that no encroachment takes place in respect of the lake area and the encroachments, if any in the lake area, be removed after following due process of law.
5. With the aforesaid liberty, the Writ Appeal stands disposed of.
Consequently, Interlocutory Applications, pending if any, stand dismissed.
_______________________ Satish Chandra Sharma, CJ ____________________ A. Rajasheker Reddy, J Date: 08.11.2021 lur