WP/34945/2015 of ROOP KARAN SANGHI,ANDANOT Vs STATE OF TELANGANA,PRL.SCY,M.A.D,HYD,AND 5 on 9 February 2026

ORDER:

1. The present Writ Petition has been filed to declare the action of the rcspondcnts in demolishing the compound wall and digging pits in the petitioners' propertv admeasuring Acres 4.00 guntas in Sy.No.689/C and Acs.O.2 guntas in S1,.No.1413 part of Gunclla Pochampally Village, Medchal Mandal, R.R.Distrct, to the extent of 8 to 10 metre s in depth and 12 to 15 ft. breadth, as il1ega1 and arbitrary, and consequently direct the respondents not to dismantle the compound wall or dig pits or lay water pipeline in the subject property, in the interest ofjustice.

2. The brief facts of the case are that, the l"t petitioner is the absolute owner and possessor of land admeasuring Acre 1.17 =.-+':+'--_-+

tl guntas in sun,ey No 689/C and the !"a petition:. is the absolute ou,ner and possessor ol land admeasuring Acr: 0.2O guntas in sur\/c.v No.1.l/ll, both situated at Gundla poc.,rmpally Village, Medchal Manrlitl, Ranga Reddl-District. The petiti r,ers purchased their respecLive lands under registered salc decds bearing Nos 8237119q0, dt 02 07.1990, and 923212OO,-'_ dr.0S.11.2OO2, respectivel\.

3. The grievzrnce ol the peritioners is that despir e they being the absolute owlrers ancl possessors of the aforement i rnecl properties, the respondcr)ts, \\ ithout follori,ing due proce j ; of lau., have entered their land on 21 .1 0.20l S and demolisher the compound wa-ll for digginq piLs. as such the petitioners ll.er r constrained to Iile the insrarrr rr lir pcrition.

4. Heard lt irrned counsel lor the petitionc r , Sri pottigari Sridhar Reddl'. learned Special (iovernment pleac:r representing the Office of thc Additional Advocate General for r< spondent No.1, Si Veeresh Kunrerr, Iearned Standing Counsel for rr spondent No.3, Sri V.Narasimha Goucl, learnecl Starding CouL sel for HMDA appearing for respondent No.4, and perused the rec trd.

5. When the matter Iirst came up for hearing , n 02 .1 1 .2015, this court recorc'lecl the strbmissions of the then r. Lr.ned Advocate o General, who submitted that pits urere being lard in the said land bring Godavari River water to the twin cities, and that on 23 .lO .2O 15 the water had been released from Yellampalli Barrage(Godavari River) and so far n,aters travelled 90 kms, and that the said r.vater may reach Hyderabad City in a few days(from that date). He also stated that the land over which pits were dug for laying pipelines was not privaLe land. Hou,ever, the said fact has to bc ascertarned b1'conducting surveyand to show their bona 7tdes, this Court directed them to deposit a reasonable amount and accordingly, the learned Advocate General produced a cheque to bearing No.753805 for Rs.75 iakhs in the narrre of the Registrar(Judicial) of the High Court and the said cheque was alleged to be deposited rvith the Registrar(Judicial)

6. Further, a counter affidavit is also filed by the respondents stating that the rough sketch maps of the disputed land were prepared by the Board Engineers, and that pipelines were laid within the 100 feet of R & B Road margin and even the alignment map of the drinking water supply pipeline from Godavari Source to Hyderabad, also showed that the Board laid pipeline within the R & B Road margin. It was further stated that as a precautionary measure, the Board has addressed the District Collector uide letLer tl l' I i I l

I I i l

Further it is conter-rcled that if the said lar'rcl dt.29.10.2015 in Lr.No.F1l lO24Z l2OtS/627a; requesting an enquiry into the m:ttter to determine as to rvhetf er it is a private patta lar-rd or n,ithin the 100 ft road margin oi. I l&B Authorities. found to be a prtvate lald. the District Collector has to inir.r rte proceedings under the Act 6 of Telangana Domestic and Indur trial Water Grid Pipelines(Acquisitron of Right of User in Land) Act 20 15 (for short 'the Act) by issuing a notification, Ibr objection I from the land owners and r.letermr.ing the corrpensarion. It *,a s further stated that the Boarcl has expressed its u,illing to pal, th I compensation as per the notificatio,, if it rias proved that the lz nd belonged to the petitioners.

.lt is also stated in the counter alfidavit that ( i.O.Ms.No.149, dt.27.O8.2O15, had been issued bv the GovernrrL, nt prescribing certain guidelines, a,d under both the Acts, if thr. Collector finds that the lanC where the pipelines u,ere laid was pr vate land, the Board was willing to pay compensation in accordar< e with law.

8. Today, rn,hen the writ petition was taken up li r hearing, the learneC counsel for the petitioners vehemently cont_r nded that the subject land belongecl to the petitioner and the ar thorities high handedly, wlthout follos-ing clue process of lar,v, hzr. c demolished ) the compound wall, dug pits, and laid pipelines rn the property for the use of the Water Board

9. On the other hernd, rhe lealned Special Government Pleader, Sri Pottigari Sreedhar Recldy, submitted that the title and possession of the petitioncrs has to be determined b1' conducting a proper survey and demarcation of the land. He further submitted that if the survey discloses that the subject land belonged to the petitioners, the authorities s,ould invoke the applicable laws in force as on the date o[ takir-rg possession and would pay \ approprlatc compensatlon

10. The learned Special Government Pleader further submitted that, as a result of the bilurcation of the revenue districts, at present, the District Collector, Medchal Malkajgiri, is the appropriate authority to underlake and complete the said exerclse

11. Since, the District Collector, Medchal Malka3giri, is suo moto impleaded by this Court today as party respondent No.9, and the said respondent is directed to conduct a survey by the Assistant Director of Survey and Land Records Department with the aid of Tippans and Survey Map, and determine whether the pits for laying pipelines were dug in the petitioners' patta land or within

I the 100 feet R & B road margir-t, as claimed br, ]rc respondents, within a period of six (06) weeks from the date ol re<:t:ipt of a copy of this order

12. Furrher r1. it is found that the pipelint:s r ert, Iaicl in the pri'ate 1.,d b.longing to the pctitioners, thc l. i51;,1.1 collector, Medchal Mall<a.jgiri, rs directe cl to initiate approJ. 1 iatc proceedings undcr the Right to Fair Compensation anci Trerns rar-t.rrcv rn Land Acqursition, Ilehabilitation other apltlicable lau s and pal compensation t.: thc petitioners along u,ith er1;1;licable intcrcst , forthu,ith, si,c.t Lhc, mafter is pending for o'c. a ctecade. Tl-re rcspondent No.Er/l- isL.ct Collector, Medchal Malkajgiri, is directed to take steps as :xpr:ditiously as possible in redt:ssal of the grievzrnce of the petirt(,r ers i3' with the aborre directions, the writ petitiorr rs clisposed of. No order as to costs. As a seqr-rel thereto, miscellaneous petrtions, il an_v, pending eurd Resettlement 11 ( t, 20 1 3 or any shall stand closcd //TRUE COPY// SCII K.BHAVANI SWAMY ASS ISTANT REGISTRAR SECTION OFFICER \

The Principal Secretary, Municipal Administration Depirr Telangana Secretariat, Hyderabad. The Commissioner, Greater Hyderabad lvlunicipal Coqrr Hyderabad. ment, State of , Tank Bond Road, Vorks & Sewerage c -.rabad. c )ment Authority, a rad. The Managing Director, Hyderabad Metropolitan Water Board, Project Division - VI, Situated at S.R. Nagar, Hy The Managing Director, Hyderabad Metropolitan Devel Situated a[ Block - A, HMDA Complex , Tarnaka, Hyder The Commissioner of Police, Cyberab ad, Hyderabad To, cer Basheerab ad Police Stationrffi '=--

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18. Two CD Coiies ' PMK

HIGH COURT DATED:0910212026

ORDER

WP.No.34945 of 2015 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7rs z--ftJue . CC TODAY S-i,.1,'1-E oO 2 0 t[B 2[U6 1'i II