Hyderabad: The Telangana government on Thursday, July 9, told the High Court that the Barrister Fatima Owaisi Educational Campus at Bandlaguda is not located within the notified Full Tank Level (FTL) of Salkam Cheruvu, citing the findings of a joint survey.
However, the court questioned apparent inconsistencies in the state’s submissions and sought detailed explanations from the authorities, while another bench recalled an interim order that had stayed the proposed demolition of the campus.
Appearing for the state in the public interest litigation (PIL) concerning alleged encroachments around Salkam Cheruvu, Additional Advocate General Imran Khan submitted that a joint survey conducted by multiple departments found that the educational institutions were outside the lake’s notified FTL. He informed the court that the Greater Hyderabad Municipal Corporation (GHMC) had requested HYDRAA to provide a superimposed FTL map of the lake for further action.
The government also relied on a recent survey indicating that Survey No. 62 in Bandlaguda falls within the lake area. It further submitted that the FTL contour map had been authenticated by the Irrigation Department but had yet to be certified by the Revenue Department.
Court’s concerns
Justice NV Shravan Kumar questioned how the notified extent of Salkam Cheruvu could have been reduced after the issuance of the preliminary FTL notification in 2016. Referring to the latest survey records, the judge observed that the notified lake area appeared to have shrunk significantly over the years and sought an explanation from the Revenue and Irrigation departments.
The court also expressed dissatisfaction over the failure of HYDRAA, GHMC, HMDA, the Irrigation Department, the Lake Protection Committee and the Education Department to file comprehensive counter-affidavits despite repeated opportunities. Stressing that the protection of lakes and public water bodies is a matter of public interest that overrides individual interests, Justice Shravan Kumar directed all departments to explain the status of the alleged encroachments and the reasons for the delay in taking action. The matter has been posted for further hearing on July 30.
Status quo recalled
In a related development, Justice B Vijaysen Reddy recalled the interim status quo order granted on July 6 that had restrained the proposed demolition of the Barrister Fatima Owaisi Educational Campus.
The interim protection had been granted in a writ petition filed by the Salar-e-Millat Educational Trust, which manages the campus. The trust challenged the proposed demolition of its ground-plus-seven-storey educational building on a 2,360-square-yard site at MM Colony, Keshavagiri, Bandlaguda. It contended that the institution has been operating from the premises since 2015 and that its application for regularisation under the Building Regularisation Scheme (BRS), filed in 2016, is still pending. The trust also alleged that GHMC officials attempted to demolish the building without issuing prior notice.
During the hearing, advocate R. Vijay Gopal, who had filed the PIL on the alleged lake encroachments, sought to implead himself in the writ petition. He argued that parallel proceedings on the same issue could lead to conflicting judicial orders and pointed out that the PIL bench had already directed authorities to remove illegal constructions in the FTL and buffer zone of Salkam Cheruvu and, if necessary, relocate students studying in educational institutions located there to nearby government schools.
Cases tagged
Accepting the submission, Justice Vijaysen Reddy observed that both cases arose from the same factual background and should be heard together. The court recalled the interim status quo order and directed the High Court Registry to tag the trust’s writ petition with the pending PIL and place both matters before the appropriate bench to avoid conflicting judicial directions.
