FTL fixation cannot be stalled, encroachments not regularisable: Telangana high court
Justice CV Bhaskar Reddy
of the
Telangana high court
has clarified that irrigation and revenue authorities have full legal authority to determine the full tank level (FTL) of water bodies and that no individual or group can obstruct this process.
Those aggrieved by the FTL determination may raise formal objections and, if found valid, are entitled to compensation—but cannot halt the process, he said. Importantly, the judge emphasised that even the state govt has no power to regularise encroachments on tank beds.The ruling came while hearing a petition filed by Sri Sai Cooperative Housing Society, which objected to the ongoing
FTL fixation
exercise concerning Amber Cheruvu near Pragati Nagar in Bachupally, close to JNTU.
The society feared that approximately three acres of its land would be affected by the finalised FTL.The society contended that the authorities issued a preliminary notification without giving them an opportunity to submit documents or raise objections, despite their ownership of 10 acres, allegedly acquired via an arbitration award in 1990.
They also claimed a portion of their land was already submerged in the tank.In its response, the govt said that the society did not file objections during the preliminary notification stage, but assured the court that it could still do so before the final notification is issued.The judge directed the authorities to issue a notice to the society, consider its objections, and complete the final notification process within six weeks. However, the judge was clear that ongoing FTL determination cannot be obstructed and is being conducted in compliance with an earlier division bench order in a public interest litigation related to the protection of lakes.Justice Bhaskar Reddy reaffirmed that under the
Telangana Irrigation Act
, officials are empowered to fix FTL boundaries and remove encroachments, and while affected pattadars may receive compensation, encroachments cannot be legalised under any circumstances.
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