D.Gajay Singh vs The State Of Telangana
2024 Latest Caselaw 4403 Tel

Telangana High Court

D.Gajay Singh vs The State Of Telangana on 12 November, 2024

       THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY


      WRIT PETITION Nos.27110, 27003, 27036, 27039, 27042,
     27238, 27239, 27242, 27255, 27260, 27261, 27276, 27283,
     27284, 27686, 27714, 27732, 27747, 27765, 27889, 27897,
     27938, 27971, 27980, 28001, 28021, 28045, 28058, 28065,
     28075, 28086, 28114, 28121, 28144, 28147, 28148, 28158,
         28159, 28162, 28170, 28182, 28193, 28203, 28252
                        and 29139 of 2024

COMMON ORDER:

Since the issue involved in all these writ petitions is

intrinsically interconnected, they are taken up and heard together

and are being disposed of by this common order.

2. These Writ Petitions are filed by the petitioners to declare the

action of the respondents in interfering with their peaceful

possession and making efforts to demolish their residential

houses/occupations, as illegal, arbitrary and unconstitutional and

violative of Articles 14, 21 and 300-A of the Constitution of India and

consequently prayed this Court to direct the respondents not to

interfere with the possession and enjoyment of their houses, without

following due process of law and for other appropriate reliefs.

3. Writ Petition No.27110 of 2024 is taken up as a leading case to

decide the lis in this batch of cases.

4. It is stated that the petitioners have purchased their respective

houses under registered sale deeds in approved layout sanctioned by

Hyderabad Metropolitan Development Authority (HMDA). It is further

stated that they obtained construction permissions from the Greater

Hyderabad Municipal Corporation (GHMC) and constructed houses

in compliance with the Building Rules, 2012 which were issued in

G.O.Ms.No.168, Municipal Administration and Urban Development

(M1) Department, dated 07.04.2012 read with G.O.Ms.No.245, MA,

dated 30.06.2012. It is also stated that they have obtained electricity

connections and their houses were also assessed for the property tax

and they are regularly paying the property tax and electricity bills. It

is the case of the petitioners that on the ground that the houses

constructed by them would fall under the Full Tank Level Zone as

well as Buffer Zone of the River Musi, the respondents, without

having any power or authority under the provisions of the Telangana

Water, Land and Trees Act, 2002 (for short "WALTA Act"), without

conducting any enquiry and without issuing any notices are

highhandedly interfering with their possession and demolishing their

houses under the authority by name Hyderabad Disaster Response

and Asset Monitoring and Protection Agency (for short "HYDRA"). It

is further case of the petitioners that the HYDRAA established by the

State Government under G.O.Ms.No.99, Municipal Administration &

Urban Development (GHMC.I) Department dated 19.07.2024 for

TCUR (Telangana Core Urban Region) for the purpose of disaster

management, asset protection and other functions, is not conferred

with any powers under the provisions of any of the Statute.

Therefore, the HYDRAA or the respondent authorities cannot exercise

their powers to interfere with their peaceful possession and demolish

their houses. It is further case of the petitioners that if there is any

violation of constructions being found in the FTL/River Bed Zone of

Musi River, the GHMC is the only competent authority to remove the

same. When the GHMC having allowed them to raise constructions,

are not having any power or authority to issue any notice of removal

of their constructions and if any constructions forming part of River

Bed Zone/FTL Zone/Buffer Zone, the respondents have to identify

the said constructions by conducting survey and demarcating the

same and then take appropriate steps by following due process of

law. It is further case of the petitioners that without conducting any

enquiry or localization of the subject constructions and without

following due process of law, the highhanded action of the

respondents in making efforts to remove the same amounts to

exercising arbitrary power and violative of rights guaranteed under

Articles 14, 21 and 300-A of the Constitution of India and contrary to

the provisions of Section 23 of the WALTA Act and the Andhra

Pradesh (Telangana Area) Irrigation Act, 1357 Fasli.

5. The respondent No.3 has filed counter affidavit inter alia

stating that the Government with a laudable object to rejuvenate the

Musi River has constituted a special purpose vehicle i.e, "Musi

Riverfront Development Corporation". The Musi Riverfront

Development Project is designed to revive the river passing through

Hyderabad, transforming the area by restoring clean, flowing water,

enhancing transport networks, creating international-standard

urban landscapes, and revitalizing heritage sites. It is further stated

that the project also aims to generate employment, involve the local

community through cultural events and festivals, and ensure

accessibility. Key components of the project include the

establishment of new sewerage treatment plants, Godavari River

linkage, trunk and interceptor sewer networks, flood management

infrastructure, and investment opportunities. It is also stated that in

the year 2021, a survey of the Musi River was conducted in

coordination with the Revenue, Irrigation, and Survey Departments

under the Telangana Survey and Boundaries Act, 1923. The survey

was carried out in Medchal-Malkajgiri, Rangareddy, and Hyderabad

Districts, relying on village maps and records of measurements.

Mandal-wise maps were prepared using high-resolution satellite

imagery, with geo-coordinates obtained via Differential Global

Positioning System (DGPS). Based on these maps and in accordance

with G.O.Ms.No.7 dated 05.01.2016, a field survey was conducted in

the months of July and August, 2024 under the supervision of

Tahsildars and Mandal Surveyors, focusing on the riverbed and

buffer zone (50 meters along the river). The survey identified 2,166

structures in the riverbed and approximately 7,851 in the buffer

zone, summing up to approximately 10,017 structures. The District

Collectors of Hyderabad, Rangareddy and Medchal-Malkajgiri

constituted teams of officials from Revenue, Survey, GHMC, and

MRDC to identify and mark structures within the riverbed. It is

stated that no coercive action has been initiated to dispose of or

demolish structures without the consent of the affected persons. It is

also stated that the Government of Telangana, vide G.O.Rt.No.754

dated 25.09.2024, decided to allocate approximately 15,000 2BHK

houses to families residing in the riverbed and buffer zone on

humanitarian grounds. Officials visited affected families to inform

them of this arrangement, and some families voluntarily consented

to relocate to the designated 2BHK units. So far, 319 families have

been rehabilitated in the three districts. Additionally, financial aid is

being provided to ensure a smooth transition in their livelihoods. To

facilitate livelihood restoration, the Government issued

G.O.Rt.No.477 dated 05.10.2024, constituting a Consultative

Livelihood Support Committee headed by the Chief Executive Officer

of SERP, Hyderabad, along with 13 other members. The committee is

tasked with the following:

• Mapping nearby Anganwadi centers and facilitating admissions

for children.

• Developing a sustainable livelihood action plan focusing on

women's self-help groups (SHGs), providing interest-free loans

and bank linkages.

• Conducting surveys on livelihoods and collaborating with

SC/ST, BC, and Minority Corporations to extend welfare

scheme benefits.

• Ensuring educational continuity by mapping schools and

residential welfare schools for relocated students.

• Monitoring help desks and working with Civil Society

Organizations to implement SHG strategies.

It is further stated that the District Collectors of Hyderabad,

Medchal-Malkajgiri, and Rangareddy are taking necessary action to

identify, mark, and relocate affected families in the riverbed zone

while facilitating livelihood opportunities. It is further stated that

regarding the buffer zone, no action has been taken as of now and

any future action would be subject to approval by the Government

and adherence to due process of law. Thus the respondent No.3

prayed to dismiss the writ petitions.

6. The learned counsel for the petitioners submitted that the

petitioners have constructed houses after obtaining necessary

permissions from the GHMC and their properties were assessed for

the property tax and they have also obtained electricity connection

and paying property tax and electricity bills to the concerned

authorities. It is further case of the petitioners that the GHMC

having been satisfied that they are having absolute right, sanctioned

layout as per the provisions of the GHMC Act, 1955 and they have

purchased plots in the layout approved by the GHMC and

constructed houses after obtaining permissions and therefore, at this

length of time, the respondents are not having any power or

authority to remove the existing structures on the ground that the

constructions made by them forms part of River Bed Zone and

ultimately prayed to allow the writ petitions as prayed for.

7. The learned Additional Advocate General appearing for the

respondents submitted that the State Government with an object to

rejuvenate the Musi River and also free flow of the water resources

from the flood gates and to minimize the damages caused during the

rainy season to the inhabitants has enacted WALTA Act. It is further

submitted that Section 23 of the WALTA Act, empowers the

designated authority to notify certain water bodies like lakes, village

ponds, and minor irrigation tanks as "heritage water bodies" and

conservation areas, allowing them to take strict measures to prevent

conversion of their intended use, encroachment, and pollution,

effectively protecting these water sources; essentially giving special

powers to safeguard important water bodies in the State. Placing

reliance on Section 156 of the Land Revenue Act, further submitted

that every Revenue officer may, enter, whenever necessary for

measurement, fixing of boundary marks or inspecting of boundaries,

classification of soil, or assessment, such land or premises belonging

to the Government or to any private individual giving twenty-four

hours prior notice. Therefore, the action initiated by the State

Government conferring power on the HYDRAA and the Irrigation

officers for conducting survey of the Musi River for physical

verification and for removal of the encroachments for free flow of the

water does not amount to violation of principles of natural justice

and non-issuance of notice to an individual will not override the

object of the State to rejuvenate the Musi River in the interest of

public at large and for maintaining ecological balance and for

beautification of the Musi River and to remove bad and unhygienic

smell to the neighboring inhabitants for preventing endanger to the

citizens of the Hyderabad.

8. Considered the submissions of learned counsel for the

respective parties and perused the record.

9. Before examining the contentions of the parties and necessary

provisions of the enactments, it is necessary to trace out the brief

history of the Musi River for the purpose of effective disposal of the

present writ petitions.

10. The City of Hyderabad was founded by Md. Quli Qutub Shah,

the fourth ruler of the Golconda kingdom. The Musi River starts from

Anantagiri hills (West of Hyderabad) and flows through the city and

joins the River Krishna. The Musi River which flows from the

habitation of the city received devastating floods in the year 1908,

which necessitated the Emperor Mir Osman Ali Khan (VII Nizam) to

construct two Reservoirs i.e, Osmansagar and Himayatsagar and

also protection walls to protect the inhabitants living adjacent to the

Musi River from devastating floods. The said Reservoirs were

constructed in the upper catchment area for storage of the water and

for preventing the floods from the Musi River and the said Reservoirs

are now catering to the needs of the city of Hyderabad as drinking

water resource. At the same time, a law was enacted, commonly

called as Land Revenue Act of His Exalted Highness the Nizam's

Dominions (Act 8 of 1317 Fasli) which came into force on 21st Mehir

1317 Fasli) (presently "Telangana Land Revenue Act, 1317 Fasli). The

said Act is applicable to the State of Hyderabad consisting of three

Regions, Marathwada, Kannada and Telugu regions with 19 districts.

Section 24 of the Telangana Land Revenue Act, 1317 Fasli, states

that all public roads, lanes, paths, bridges, ditches, dikes, rivers,

streams, tanks, ponds, canals, lakes and flowing water and all lands,

wherever situated, together with all rights appertaining thereto are

the property of the Government. Further, in exercise of the powers

conferred under the said Act, the Government conducted a survey

through the Nazim of Survey and prepared records such as the

Tippon, Village Naksha, original Sethwar, Wasool Baqui, Town

Survey Land Register (TSLR), Record of Measurement, and carried

out necessary entries in Thekabandi. These records reflect the survey

numbers and extents as per the Village accounts and Village

Nakshas, which contain details of footpaths, cart tracks, trees, wells,

rivers, houses, tanks, and the extent of occupations, as recorded in

the Village Chowpaslas.

11. Having found that gullible people are converting the tanks and

lakes, river bed areas and water bodies into plots and alienating the

same to private individuals and constructing various religious places

in the middle of the River and to strengthen the executive to protect

the water bodies from encroachments and to implement the said

powers more rigidly, the Government enacted Hyderabad Irrigation

Act, 1357 Fasli, which came into force on 20th October, 1948

(presently "Telangana Irrigation Act, 1357 Fasli"). Section 3 of the

Telangana Irrigation Act, 1357 Fasli defines "irrigation work" which

includes, (i) all kuntas, reservoirs, tanks, anicuts, canals, their

distributaries, channels and sluices constructed, maintained or

controlled wholly or partly by or with the consent of the Government;

any part of a river, stream, lake, natural water reservoir or drainage

channel, to which the Government may apply the provisions of

Section 6 or the water, which has been used before the

commencement of this Act for the purposes of any existing irrigation

work. Section 3 (k) defines 'Irrigation officer' which means an officer

of the Public Works Department or Revenue Department appointed

or deputed by the Government to perform such of the functions of

the Irrigation officer as may be prescribed under the Act. The

Irrigation Officer was conferred with the powers to take stringent

action against the violators who destructed the lakes, tanks and

other water bodies. Even after taking all the measures under the

Irrigation Act and when the same did not yield any result, rather the

existing tanks and lakes in Hyderabad were indiscriminately

converted into residential areas, causing great inconvenience and

ecological imbalance, the legislature thought it fit to enact a stringent

law called as "Andhra Pradesh Water, Land and Trees Act, 2002

(WALTA Act) (Act 10 of 2002 effective from 19.04.2002). The Act was

introduced to promote water conservation, enhance tree cover, and

regulate the exploitation and use of ground and surface water for the

protection and conservation of water sources and land, as well as to

enforce related measures and address incidental matters. To achieve

these objectives, a Task Force Committee was constituted to

specifically protect water bodies and implement strict measures to

prevent encroachments in water bodies and low-lying areas, while

also rehabilitating the affected individuals in safer and habitable

zones. The Government vide G.O.Rt.No.386, dated 21.3.2007

constituted a Watchdog Committee at District level to protect the

water bodies and tank beds from encroachments and that the said

committee works to identify the water bodies and tank beds in the

District and review the status of each water body/tank bed in the

State at regular intervals. The Government has taken up a

programme for desilting of tanks for formation of bund roads for

proper protection of tanks and water bodies. Keeping the need of the

restoration of tanks, ponds, the Government has taken up the

programme commonly called as 'Mission Kakatiya' for restoration of

the tanks to its original position duly maintaining full tank level.

12. The Government vide G.O.Ms.No.168, Municipal

Administration and Urban Development (M) Department dated

07.04.2012 framed Building Rules, 2012. Rule 3 which deals with

restriction of building activity in the vicinity of certain areas, reads as

follows:

"RESTRICTION OF BUILDING ACTIVITY IN THE VICINITY OF CERTAIN AREAS:

(a) Water Bodies

(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 with in 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 less than 10Ha / shikam lands;

(4) 9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.

(5) 2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 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."

13. The State Government issued G.O.Ms.No.44 Irrigation and

CAD (Reforms) Department, dated 30.03.2015, framing the

guidelines for restoration of the tanks. The object of the scheme

under the above programme is to remove silt and to strengthen the

weir and sluices and to repair the bund to see maximum storage of

water to its FTL. The scheme has been taken up on war-footing basis

to restore 48,000 of Major and minor irrigation tanks in a phased

manner first of its kind in all the programs introduced in the

country.

14. As per Section 4 of the Telangana Irrigation Act, 1357 Fasli,

the Officer who is deputed by the Government is empowered and

entrusted with the responsibility to protect, all kuntas, reservoirs,

tanks, anicuts, canals, their distributaries, channels, sluices, and

associated structures constructed, all drainage works, flood

embankments, and any part of a river, stream, lake, natural water

reservoir, or drainage channel to which the Government applies the

provisions of Section 6 of the Irrigation Act.

15. The Government has adopted various Schemes introduced by

the Government of India with financial aid from the World Bank

under the programme called "Capacity Building for Industrial

Pollution Management Project (CBIPMP)." To implement the

programme, the Telangana State Pollution Control Board was

constituted as a special-purpose vehicle in accordance with the

guidelines framed by the Government in G.O.Ms.No.28, dated 08-06-

2015. Under the project, remediation work for Lake Noor Mohammed

Kunta, located in the Katedan Industrial Estate in Rajendranagar

Mandal, was undertaken. The remediation works included the

removal of contaminated sediment using geo-textile materials, which

were to be placed along the bund of the lake. Additional works, such

as the construction of a weir and fencing around the lake, were also

carried out. These measures aim to ensure the lakes are clean and

not to let out any sewerage or drainage to the Musi River so as to

contaminate the water flowing in the Musi River.

16. As per paragraph 4 of BSO 16 of Board Standing Orders

(BSOs), the water bodies, water courses, kunta porambokes,

porambokes cannot be assigned and revenue authorities are not

competent to reclassify such lands for conversion of any water tank

into Ayaan. The Government duly keeping in mind of the provisions

of the Telangana Land Revenue Act, 1357 Fasli and also BSO's, the

Chief Commissioner of Land Administration (CCLA) has issued

Circular Instructions vide No.B1/1488/97 dated 21.08.2002, for

preservation and protection of the tanks, tank bed lands and tank

porambokes and for inclusion of the Government tank bed lands in

the "Prohibitory Order Book". In continuation of the said Circular,

the CCLA also issued another Circular vide Ref.No.B2/2225/2003

dated 20.09.2003 directing all the District Collectors in the State to

take necessary steps to identify and to include all lands covered by

water bodies in the "PROHIBITORY ORDER BOOK" (such as lands

covered by Tanks, Kunta, Ponds, Lakes, Vagu, Vankas, River,

Projects & Reservoir porambokes) and to follow the instructions

scrupulously.

17. Even after taking all required measures, encroachments in the

River Bed areas and Full Tank Level (FTL) Zones have not been

effectively curbed. Taking these issues into consideration across

India, the Hon'ble Supreme Court in Jagpal Singh vs. State of

Punjab and others 1 held as follows:

"Para 23: Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show-cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularising the illegal possession. Regularisation should only be permitted in exceptional cases e.g. where lease has been granted under some government notification to landless labourers or members of the Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land."

(2011)11 SCC 396

18. Further, in Hinch Lal Tiwari v. Kamala Devi 2, the Hon'ble

Apex Court observed as follows:

"Para 13: It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution. The Government, including the Revenue Authorities i.e. Respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites."

19. In Intellectuals Forum v. State of Andhra Pradesh 3, the

Hon'ble Apex Court observed as follows:

"88. However, some of the environmental activists, as noted in The Environmental Activities Handbook authored by Gayatri Singh, Kerban Ankleswaria and Colins Gonsalves, that the Judges are carried away by the money spent on projects and that mega projects, that harm the environment, are not condemned. However, this criticism seems to be baseless since in Virender Gaur v. State of Haryana [(1995) 2 SCC 577] this Court insisted on the demolition of structure which have been constructed on the lands reserved for common purposes and that this Court did not allow its decision to be frustrated by the actions of a party. This Court followed the said decision in several cases issuing directions and ensuring its enforcement by nothing short of demolition or restoration of status quo ante. The fact that crores of rupees were spent already on development projects did not convince this Court while being in a zeal to jealously safeguarding the environment and in preventing the abuse of the environment by a group of humans or the authorities under the State for that matter.

91: It is true that the tank is a communal property and the State authorities are trustees to hold and manage such properties for the benefits of the community and they cannot be allowed to commit any act or omission which will infringe the right of the Community and alienate the property to any other person or body."

(2001) 6 SCC 496

(2006) 3 SCC 549

20. It is stated that the Government following the various

guidelines issued by the Hon'ble Apex Court for protection of the

lakes and to maintain ecological balance has issued G.O.Ms.No.571

Revenue Assignment Department dated 14.09.2012 framing

guidelines as public policy for allotment of lands. As per the policy of

the State, no environmental sensitive and fragile areas such as tank

beds, river beds, hillocks with afforestation shall be alienated or

allotted. It is further stated that the State Government keeping in

mind the object enunciated under the provisions of the Telangana

Land Revenue Act, 1317 Fasli and the Telangana Irrigation Act, 1357

Fasli and for implementation of the various guidelines issued by the

Hon'ble Apex Court and this Court by way of judicial

pronouncements for protecting the lakes/rivers/water bodies, has

issued G.O.Ms.No.99, Municipal Administration & Urban

Development (GHMC.I) Department dated 19.07.2024 establishing

Hyderabad Disaster Response and Asset Monitoring and Protection

Agency (for short "HYDRAA") for TCUR (Telangana Core Urban

Region) for the purpose of disaster management, asset protection

and other functions. The functions entrusted by the Government on

the HYDRAA are analogies to the provisions of the Telangana

Irrigation Act, 1357 Fasli and one of the wing of HYDRAA addresses

the following:

"i. To protect assets of Local Bodies and Government such as parks, layout open spaces, playgrounds, lakes, nalas, land parcels, roads, carriageways, footpaths, etc from encroachments.

ii. Removal of lake encroachments in coordination with GHMC, other local bodies, HMDA, Irrigation department, Revenue department, etc

iii. Coordination with local police for Assets Protection and necessary enforcement, etc

iv. To inspect private premises for building and town planning regulation or removal of dilapidated structures endangering public safety, whenever such requests are received from government agencies like ULBs, UDAs and planning authorities. In exercise of such powers, the HYDRAA authorities shall be deemed to be working under such ULBs, UDA and planning authorities, under the relevant Acts, Rules and Regulations of ULBs, UDA and planning authorities.

v. To take penal action on the violations in connection with advertisements which are in deviation or not authorized vis-à-vis the permissions granted by the concerned Local Bodies and shared on real time database. In exercise of such powers the HYDRAA authorities shall be deemed to be working under such ULBs under the relevant Acts, Rules and Regulations of ULBs.

vi. Any other enforcement work as entrusted by the Government from time to time."

21. A keen examination of the above would reveal that the special

Authority is conferred with the powers of Irrigation Officer appointed

under the provisions of the Telangana Irrigation Act, 1357 Fasli.

Since powers are traceable under the Statute, there is nothing wrong

to entrust with duties and responsibilities of Irrigation Officer by

issuing the G.O in addition to the powers conferred under the

various enactments.

22. In Union of India v. Central Electrical & Mechanical Engg.

Service (Ce & Mes) Group 'A' (Direct Recruits) Assn., CPWD 4, the

Hon'ble Apex Court observed as follows:

"Para 10: It is now a well-settled principle of law that an executive order must be passed in conformity with the rules. Power of the State Government to issue executive instructions is confined to filling up of the gaps or covering the area which otherwise has not been covered by the existing rules. Such office orders must be subservient to the statutory rules."

23. In the instant case, the State is conferred with the power

under Section 4 of the Telangana Irrigation Act, 1357 Fasli to

appoint any officer or depute any officer to discharge the functions as

Irrigation Officer under the provisions of the Act and therefore, by no

stretch of imagination, it can be said that the State is not having any

power to constitute the HYDRAA. The rivers, tanks being the

communal property, must be held and managed by the State

authorities as trustees for the benefit of the community at large. It is

their duty to protect rivers, tanks or lakes and any allotments made

for house sites or other purposes and as there is no legal sanctity to

said allotments, which do not confer any valid rights upon the

allottees. Since law has already been made by the State, the Court

can serve as an instrument of determining the legislative intent in

exercise of their powers under judicial review to protect the pristine

(2008) 1 SCC 354

glory of the natural resources, more particularly, the Musi River in

maintaining ecological balance and the various policies enunciated

by the Government for the benefit of present and future generations

through a careful management and constructive policies.

24. In view of the above, this Court deems it appropriate to issue

following directions:

i) The respondents are directed to strictly implement the guidelines issued by the Hon'ble Apex Court as referred to in various judgments by issuing notices to the encroachers for removal of unauthorized constructions in the River Bed Zone, Full Tank Level (FTL), and Buffer Zone of the Musi River.

ii) The respondents are further directed to take immediate steps for eviction of illegal and unauthorized occupations in the FTL, River Bed Zone, and Buffer Zone, and to ensure that no sewage contaminates the water flowing in the Musi River.

iii) The respondents are directed to conduct a detailed socio-

economic survey of the persons whose properties are affected by the rejuvenation of the Musi River and to accommodate them in suitable places as per the policies laid down by the Government.

iv) If the concerned official respondents find that lands under occupation are patta lands or Shikam patta lands, they are directed to intimate or issue notices to the owners of such lands and acquire the lands by paying appropriate compensation in accordance with law.

v) The respondents are directed to take all necessary steps for removal of temporary or unauthorized structures/ constructions which have been made/brought into the tank bed, FTL or River Bed Zone of the Musi River and to complete the task of removing encroachments in a time-bound manner. Further, the respondents are directed to strictly implement the Building Rules, 2012 vide G.O.Ms.No.168 MA & UD Department dated 07.04.2012 and if any, constructions are found in the vicinity of the water bodies of Musi River, they shall be removed by following due process of law.

vi) The trial Courts are directed to scrupulously follow the guidelines issued by the Division Bench of this Court in Municipal Corporation of Hyderabad, Hyderabad vs. M/s.Philomena Education Foundation of India, Hyderabad 5 and the Circular instructions issued by this Court in ROC No.14/Registrar Judicial/2023 dated 08.11.2023 before granting stay or other interim injunction orders including temporary injunctions against the removal of illegal encroachments, particularly those in the FTL or River Bed Zone of the Musi River.

vii) The petitioners or other individuals, including encroachers, are directed to refrain from obstructing surveys being undertaken by the State or its authorities for the fixation of boundaries of the FTL, Buffer Zone, and River Bed Zone of the Musi River. The police authorities are directed to extend necessary security to the Officers of the Irrigation, Revenue, HYDRAA, and Municipal departments for the implementation of the above directions.

2008(1) ALT 670 (DB)

viii) The respondents shall initiate suitable criminal action against encroachers and land grabbers involved in the destruction of rivers, water bodies, ponds, and lakes as per the provisions of the Telangana Irrigation Act, 1357 Fasli, and the WALTA Act, 2002.

25. Accordingly, these Writ Petitions are disposed of.

As a sequel, miscellaneous applications pending if any in these

writ petitions, shall stand closed. No order as to costs.

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__________________________ C.V. BHASKAR REDDY, J Date: 12.11.2024 SCS