HC directs Warangal authorities not to dispossess house owners near Chinna Waddepally tank without following procedure

Telangana High Court had directed the municipal and the Revenue authorities of Warangal not to dispossess 127 families living in houses built on plots measuring 30 to 60 square yards near Chinna Waddepally cheruvu in Warangal city without following due procedure of law like serving notice on them and seeking their explanation.

The interim order was passed by Justice K. Lakshman after hearing a writ petition filed by 127 persons, who claimed that they were living in houses built in patta lands given by the government but the government was attempting to dispossess them and demolish their houses without following rules. The petitioners’ counsel, contending that his clients were given assignment land pattas between 2007 and 2023, presented to the court the related documents along with the electricity bill and property tax payment receipts.

If there were any violations by the petitioners on assignment land pattas, the Revenue authorities should initiate action, the counsel said. The Greater Warangal Municipal Corporation authorities should issue notification earmarking the structures erected by the petitioners if they were built within Full Tank Level of Chinna Waddepally tank, the counsel argued. Even this action should be in accordance with the law.

The government counsel informed the court the neither the Revenue nor the Municipal authorities were interfering with the possession of the houses of the petitioners. The GWMC counsel told the bench that a PIL petition seeking direction to make free water bodies of illegal encroachments was pending for adjudication by the Telangana HC.

The authorities had demolished 250 huts that cropped up in the FTL area of Bhadrakali tank in Warangal. In Chinna Waddepally tank FTL area, there were 329 huts. The municipal authorities had issued notices to all 127 petitioners in the present case. Some of them submitted explanations. Further action would be taken after examining their clarifications, the advocate said.

Justice K. Lakshman, after hearing contentions of both the petitioners and the government, directed the government not to divest the petitioners of their homes without issuing orders cancelling the assignment of patta lands and resumption of the said land. The municipal authorities should serve notices to the petitioners, seek their explanation and only then take action, the judge said.