K.PRAVEEN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners before this court have filed the present writ petition stating that the Greater Hyderabad Municipal Corporation is encroaching their property i.e., plot No.A-1 in Survey Nos.50/4, 50/5 and 50/6 admeasuring 650.00 square yards situated at Bomrukuddowla Village, Rajendranagar Municipality, Ranga Reddy District. It has been stated that the GHMC is laying municipal drainage pipe without following the due process of law and without acquiring the land of the petitioners.

(2.) A detailed counter affidavit has been filed by the Deputy Commissioner, GHMC. It has been stated that as per the record maintained by the Corporation, there is no lay out and there is no plot as claimed by the petitioners. It has been further stated that the petitioners are claiming the property in the water body and they have not filed any document to establish the approved lay out and also in respect of the identification of the plot in question. It has been further stated that the property, over which the petitioners are claiming ownership, is totally inside the water body and the water is 6 to 7 feet high over the land in question. It has also been stated that as per the information given by the Irrigation Department, the surrounding area of the tank is covered with water and it comes under the FTL area. It has been further stated that as per the directions of the Telangana State Pollution Control Board, they are taking steps for laying sewage pipe, so that the sewage water is not discharged in the lake and the present petitioners are creating hindrance in the matter of preservation of the lake.

(3.) Learned counsel for the petitioners has drawn the attention of this court towards the order dated 18.10.2021 passed in W.P.No.25383 of 2021 and his contention is that in the aforesaid case, the housing society, which has allotted the plot to the petitioner therein, was claiming ownership of land admeasuring Acs.53.00 of land in Survey Nos.50/3, 50/4 and 50/6 situated at Bumruknodowla Village and a notification was being issued recognising water body in Survey No.50/1 without following the procedure prescribed under law. He has stated that in the aforesaid case, the petitioner therein has been granted liberty to submit objections in respect of the water body and the authorities have been directed to pass a final order in the matter.