Show law by which Durgam Cheruvu FTL was decided: HC to State

Hyderabad: On Friday, the Telangana High Court expressed concern over the ‘casual attitude and approach’ by the State officials in fixing the FTL (full tank level) of Durgam Cheruvu without a standard procedure or law in place.

A Division Bench, comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao, asked the State Government to inform the court of the procedure and the law to be followed or an executive order under which the FTL of the Durgam Cheruvu was fixed.

The CJ directed the GP to show the same by September 23 (Monday) for further hearing.

Durgam Cheruvu FTL is more than 160 acres, State tells court

The Chief Justice was not convinced by the contention of the government pleader (GP) for revenue that the FTL/water spread area of the Durgam Cheruvu was more than 160 acres and directed him to show the law or an order under which such FTL was fixed.

The State government cannot come before the court and simply say that the FTL/water spread area of the Durgam Cheruvu is more than 160 acres, said Chief Justice Alok Aradhe.

“You find out by Monday as to what is the procedure or statutory sanction adopted by the State government in the fixation of the FTL of the Durgam Cheruvu Lake,” said CJ Alok Aradhe to GP.

Chief Justice Alok Aradhe pointed out the PIL which was filed seeking measures to be taken by the State government to protect the iconic Durgam Cheruvu from illegal encroachments, constructions and pollution.

The CJ Bench had issued a series of directions to the State and one of the directions was to furnish the gazette showing fixation of FTL of all the lakes in Hyderabad and expressed concern over the non-listing of the said PIL before the Chief Justice Bench.

“In addition, if no law was followed in fixing the FTL of the Durgam Cheruvu, then there has to be a law in place for fixing the FTL,” the court said.

‘Can lead to more petitions regarding lakes’

The Division Bench was adjudicating the writ petition filed by L Urmila Devi of the Amar Cooperative Housing Society in Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy. She was aggrieved by the action of the Revenue and Irrigation Department officials in issuing her notice stating that her house falls within the FTL of Durgam Cheruvu and has to be demolished.

The petitioner contended that her property does not fall under the FTL of the Durgam Cheruvu as per the descriptive memoirs of the Irrigation Department.

Chief Justice Alok Aradhe, during the course of the hearing, made it clear that if the writ petition is allowed, then it will open floodgates for other petitioners and maybe there will be another 2,000 petitions before the CJ court.