No Right to Object Removal of Lake Encroachments: Telangana HC
Pattadars only entitled to compensation for the portion that is submerged
Hyderabad: The Telangana High Court has made it clear that if any land is affected in the process of fixing the full tank level or buffer zone of lakes, the pattadars are only entitled for compensation for the portion that is submerged.
The court also noted that the affected parties during this process do not have the right to object to the removal of encroachments or claim any right for the extent of the irrigation work defined under the provisions of Telangana Irrigation Act, 1357 Fasli.
Justice C.V. Bhaskar Reddy also declared that the government was not conferred with power either to regularise tank bed, buffer zones, FTL and sikkam land in any manner under Section 47 of the Act. Further, the judge reminded that as per Section 47, no patta shall be granted for the bed area of tanks, or for continuing existing occupancy rights, except for providing for compensation of the submerged portion of occupied land.
As per the Irrigation Act, the irrigation officer/revenue officer is conferred with the power for removal of encroachments under Section 49, the court said.
Justice Bhaskar Reddy was dealing with a petition filed by Sri Sai Housing Cooperative Society Ltd which purchased 10 acres of land in Survey No. 175 (part) and 171 (part), situated at Bachupally, Quthbullapur mandal, for the purpose of housing for its members. Revenue and irrigation authorities earmarked around three acres and 18 gunta in Survey No. 171 of the village as FTL of Amber Cheruvu.
The grievance of the society was that before issuing preliminary notification for fixation of boundaries it was not given an opportunity to prove that the land was not in the FTL. The society complained that the preliminary notification for FTL had been issued without taking its representation.
In this context, the judge made it clear that there was no prohibition for the irrigation and revenue authorities to issuance of preliminary or final notification for fixation of boundaries of tanks/ponds. Those affected by the fixation of the FTL are entitled to submit their objections enclosing supporting documents in support of their claim. Only affected pattadars are entitled for compensation, the court said.
The court also directed the authorities concerned to examine and consider the representations and objections submitted by the society before issuing the final notification and passing appropriate orders, within six weeks.