HYDERABAD: The Telangana High Court has expressed serious concern over the casual approach adopted by state officials in determining the Full Tank Level (FTL) of Durgam Cheruvu without following any established procedure or law.
A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao, questioned the legal basis for fixing the FTL and demanded clarification from the state government.
During the hearing, the Chief Justice expressed his dissatisfaction with the arguments presented by the Government Pleader (GP) for Revenue, who claimed that the FTL and water spread area of Durgam Cheruvu exceed 160 acres. The bench directed the GP to provide evidence of the legal or executive order under which the FTL was fixed, with instructions to present the information by September 23 for further hearing.
Addressing the GP, Chief Justice Aradhe said: “You find out by Monday as to what is the procedure adopted by the state government in fixation of the FTL of the Durgam Cheruvu... Is there any statutory sanction or any order of the state government which you have followed in fixing the FTL of Durgam Cheruvu?”
The bench was hearing a PIL seeking protective measures for Durgam Cheruvu from illegal encroachments and pollution. The bench had earlier issued multiple directions to the state government, including one to furnish a gazette notification listing the FTL of all lakes in Hyderabad. However, the Chief Justice expressed disappointment that the PIL had not been listed before the Bench for further monitoring.
The high court stressed the importance of a legal framework for determining the FTL of Durgam Cheruvu and observed that the state cannot arbitrarily declare the FTL without statutory backing. Chief Justice Aradhe made it clear that if no law has been followed in fixing the FTL, the state must establish one.
The PIL was filed by L Urmila Devi, a property owner in Guttala Begumpet, Rangareddy district. The petitioner challenged the notice issued by the Revenue and Irrigation department officials, and argued that her property does not fall within the FTL as per the Irrigation department’s records.
Chief Justice Aradhe also cautioned that if the writ petition is allowed, it may open the door for a flood of similar petitions.
The matter will continue to be heard next week.