Telangana HC Lets Farmers Remove Flood-Deposited Sand From Patta Lands

Hyderabad: Justice G.M. Mohiuddin of the Telangana High Court, sitting in a vacation court, permitted a group of farmers from Mulugu district to remove over 66,000 cubic metres of flood-deposited sand from their agricultural lands, holding prima facie that restrictions under a proposed eco-sensitive zone notification cannot be enforced in the absence of a final notification issued by the Union ministry of environment, forest and climate change.

The judge was dealing with a writ petition filed by Baddi Laxmaiah and nine other agriculturists challenging an order dated May 22, 2025 issued by the forest divisional officer, Eturnagaram Wildlife Management Division, which prevented them from undertaking sand de-casting operations on their patta lands.

The petitioners contended that large quantities of sand accumulated on their agricultural lands due to floods and that removal of such deposits was exempted under the ministry of environment, forest and climate change notification dated March 28, 2020, which specifically excludes removal of sand deposits from agricultural fields after floods by farmers from the requirement of environmental clearance.

Counsel for the petitioners argued that the High Court, in earlier proceedings, held that de-casting of sand from patta lands does not amount to commercial mining and does not require eco-sensitive zone clearance. It was further contended that no final notification had been issued declaring the subject area as part of the eco-sensitive zone surrounding the Eturnagaram Wildlife Sanctuary and that the impugned action prevented the petitioners from making their lands cultivable before the commencement of the agricultural season.

Opposing the plea, the forest department contended that a draft notification relating to the eco-sensitive zone was already in force and that the petitioners proposed to use machinery for removal of sand, which could disturb the ecological balance and adversely affect the flora and fauna of the sanctuary area.

After hearing the parties, Justice Mohiuddin observed that a draft eco-sensitive zone notification would not attract the provisions of the Environment (Protection) Act, 1986 and that restrictions could be enforced only upon issuance of a final notification by the ministry. The Court further observed that the impugned order appeared to run contrary to earlier decisions of the High Court concerning de-casting of sand from patta lands.

Recording the submission of the Mines and Geology Department that permission for de-casting was already granted, the Court permitted the petitioners to remove the sand under the supervision of the Telangana State Mineral Development Corporation Limited and adjourned the matter for further hearing.

Justice Nagesh Bheemapaka of the Telangana High Court, sitting in a vacation court, granted an interim stay on a demand notice issued by the Nagunur gram panchayat seeking recovery of Rs 6.80 crore as house tax from Prathima Institute of Medical Sciences, Karimnagar, observing that the matter requires detailed examination.

The writ petition was filed by the institute challenging the demand notice and a resolution communicated by the gram panchayat which held that the institution was not entitled to exemption from house tax despite its status as a recognised educational and charitable institution. The petitioner sought the quashing of the resolution and the consequential demand notices issued by the panchayat.

Senior counsel, D.V. Sitharam Murthy, appearing for the petitioner, contended that the institution is registered and recognised under the Income Tax Act and relied upon Form 10AD issued by the ministry of finance, showing approval granted to the educational society for assessment years 2027-28 to 2031-32.

It was further argued that Rule 5(c) of the House Tax Rules issued under a Government Order specifically exempts buildings used for educational and hostel purposes from house tax. Opposing the plea, the respondents relied on rules framed under the Andhra Pradesh Panchayat Raj Act, 1994 and contended that the exemption claimed by the petitioner was not available.

The petitioner, however, argued that the earlier exemption rules continued to apply notwithstanding the repeal of the previous enactment. After hearing the parties, Justice Bheemapaka observed that the issue requires thorough examination and granted an interim stay of the impugned demand. The Court further directed the respondents to file their response in the matter.