HYDERABAD: Justice C V Bhaskar Reddy of the Telangana High Court has directed the state authorities to investigate complaints of encroachment of the 'Sikham' land and tank bed of Kothacheruvu, located in Khajaguda village.
The court has instructed the respondents to examine the grievances submitted by the petitioners and take immediate action to remove any encroachments if found, to ensure the protection of the water body.
The matter pertains to a writ petition filed by R Ramakrishna and five other petitioners, who claim to be the owners of the land adjacent to the Kothacheruvu tank. The petitioners have raised concerns over unauthorised construction activities in the area, allegedly being carried out by entities such as M/s. Sohini Builders LLP, M/s. Beverly Hills Owners Welfare Society, and some individuals identified as M Bharathender Reddy, K Gyaneshwar, and Damarla Raghav Rao. These constructions, according to the petitioners, violate the building rules set by the Government Order (GO) 168, Municipal Administration, dated April 7, 2012, and threaten the ecological health of the tank.
The petitioners argue that the full tank level (FTL) of the Kothacheruvu spans about 5.5 acres in Survey No 5 of Khajaguda village. They contend that the ongoing constructions not only block water percolation into the surrounding area but also threaten the survival of the water body.
Justice Bhaskar Reddy, during the hearing, emphasised that the respondent authorities must examine the complaints and representations filed by the petitioners on September 6 and 10, 2024, and issue notices to all the parties involved. If any encroachments are detected on the 'Sikham' land or the tank bed, the authorities have been directed to take swift and decisive action to remove them and prevent further damage to the local ecosystem.
The court also referred to a ruling by the Supreme Court in writ petition (Civil) No. 295 of 2022, which has imposed a nationwide moratorium on demolitions without its prior approval. However, the court made it clear that this order would not apply in cases involving unauthorised structures located in public spaces such as roads, streets, footpaths, or near water bodies, where demolition orders from a court of law would take precedence.
The case has been adjourned to November 26 for further hearing.