Land acquisition for road expansion: Telangana HC directs Nirmal district judge to inspect Kotha Cheruvu

Telangana High Court has directed Principal District and Sessions Judge, Nirmal, to inspect the Kotha Cheruvu / Naya Talab and submit a report in a sealed within 4 weeks.

A division bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was adjudicating the PIL filed by K. Anjukumar Reddy, a legal practitioner of the Nirmal district.

He was aggrieved by the action of the district collector, Nirmal, in issuing a notification under section 11(1) of the Act 2013 to acquire land falling under the FTL limits of Kotha Cheruvu / Naya Tala Tank in various survey numbers for expansion of the road from Nirmal town to Bangalpet.

The bench ordered an inspection after district collector, Nirmal went ahead with the laying of the road despite a restraining order by the High Court. The Court had directed the district collector not to go ahead with the laying of the road by acquiring the lands. The Court also ordered SP, Nirmal to accompany the Principal District and Sessions Judge during the visit.

The High Court has been stressing the aspect that none should encroach on the FTL of the lakes spread across the state. The Supreme Court had directed all the states to ensure that the lakes should be protected and ensure that the FTL is not encroached upon.

Aggrieved by such an action of the district collector, the petitioner filed a contempt case before the High Court, which is pending adjudication.

The Court directed the Principal District and Sessions Judge, Nirmal to inspect Cheruvu and submit a report. He has been asked to check whether the road being laid is under the full tank level; whether the tank has been fenced from all sides; whether any encroachments are within the FTL of the tank area; and whether the road is being utilized by 25000 inhabitants living in the vicinity, etc.

Parsa Ananth Nageswar Rao, a special government pleader informed the Court that the district collector, Nirmal has decided to acquire the land and lay the road only for the benefit of the general public. He said the road, which is now under dispute and adjudication before the Court, existed 60 years back.

The matter has been adjourned till October 3.