Telangana High Court Criticizes Government Over Shift in Position on Owaisi Institutions’ Encroachments Allegations
Indiadailyupdate.com – The Telangana High Court has scrutinized the state government’s approach to alleged encroachments surrounding Salkam Cheruvu lake in Hyderabad. The court raised concerns about whether officials had weakened regulations protecting the lake and failed to address educational institutions tied to AIMIM MLA Akbaruddin Owaisi. During a July 9 hearing of a writ petition filed by activist Vijay Gopal, Justice N.V. Shravan Kumar pressed authorities on discrepancies in records related to the lake’s FTL (Flooded Tank Bund) area.
Government’s Revised Claims Spark Court Doubt
The irrigation department told the court that Barrister Fatima Educational Institutions occupied land within the lake’s full-tank level area, reversing its earlier position. In 2016, an FTL notification had placed the institution within the lake’s boundary. The court highlighted apparent contradictions between this initial notification and recent survey data presented by the state. It questioned if the government’s updated claims undermined the original legal framework.
“How has the notified water spread area of the lake seemingly shrunk over time without any recorded objections to the initial documentation?” Justice Shravan Kumar asked during the proceedings.
Petitioner Highlights Inaction and Document Confusion
Vijay Gopal argued that repeated complaints about structures built within the FTL and buffer zone had not been resolved. He also contested the Salar-e-Millat Educational Trust’s assertion that it had sought regularization under the Building Regularisation Scheme (BRS). Gopal noted the trust claimed to file a BRS application in 2016, yet the institution acquired the property only in 2017. The court directed a review of the timeline of submitted documents and invited the involvement of the CBI and Union Home Ministry.
Survey Certification and Lapses in Departmental Response
Senior counsel for the institutions defended the writ petition, asserting it was not maintainable since the petitioner was not directly impacted. The court dismissed this, stating that any citizen could approach a constitutional court to challenge the illegal use of public land or water bodies. It also referenced the Supreme Court’s recent “Bulldozer” ruling, emphasizing that while procedural fairness is essential, encroachments on lakes and riverbeds are not legally protected.
“Due process must be observed before demolitions, but public water bodies cannot be shielded from encroachment,” the court noted, citing the Supreme Court’s stance.
Joint Survey and Accountability Gaps
The state contended that a survey by the irrigation department and other agencies confirmed educational institutions were outside the tank bed or notified FTL. It also mentioned that the Greater Hyderabad Municipal Corporation (GHMC) had requested HYDRAA’s superimposed FTL map for further action. However, the court questioned the survey’s credibility, pointing out it lacked certification from the revenue department. Officials were also asked to explain why a retaining wall had been built around the water body and why inspections had not occurred for over a decade since the lake boundaries were declared.
Proceedings Reveal Departmental Delays
The court criticized the school education department for not clarifying whether the institutions had permission to operate Classes I to X in the current academic year. It also noted delays in filing counter-affidavits by HYDRAA, GHMC, HMDA, and the Lake Protection Committee despite notices issued over 90 days ago. In a related development, Justice B. Vijaysen Reddy recalled a status quo order granted to the Salar-e-Millat Educational Trust, as another petition on the same issue was already under consideration by Justice Shravan Kumar’s bench.
The high court has given all respondents three weeks to submit detailed responses and has scheduled a further hearing for July 30. This case underscores growing scrutiny of administrative consistency and the need for transparency in managing public water resources.
