Durgam Cheruvu FTL level: HC directs LPC to decide within six weeks

Telangana High Court on Monday granted an opportunity to petitioners, who raised structures near Durgam Cheruvu in Hyderabad, to present their objections to Lake Protection Committee (LPC) over the government’s claim that the water body’s Full Tank Level (FTL) area was more than 160 acres. The petitioners contended it was only 65.12 acres as per ‘Descriptive Memoirs’ of the Irrigation department.

Disposing of three writ petitions filed by citizens having properties close to Durgam Cheruvu, a bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao made it clear that it was not expressing any opinion over the claims and counter claims of the parties on the FTL extent. The matter had to be adjudicated by the LPC, the bench said in the order noting the petitioners should furnish their objections, along with any public documents, with the LPC within a week.

The petitioners should appear before the LPC at 11 a.m. on October 4. The LPC should hear them and take a final call by issuing a speaking order. Then the LPC should issue a final notification on the FTL area of Durgam Cheruvu. The bench ordered that the entire process should be completed within six weeks from the day of appearance of the parties before the LPC.

The government counsel assured the bench that no demolition of the structures raised by the petitioners would be undertaken during the said period. Referring to the Descriptive Memoirs (on which the petitioners based their writ petitions), the bench said the memoirs were designed and developed for irrigation purpose.

“But at present it appears that there is no irrigation ayacut and the Descriptive Memoirs by itself cannot be considered as basis for defining and deciding FTL limits,” the bench said in the order. They were made under para 393 of the Andhra Pradesh Public Works Department Code. “Admittedly, the aforesaid Code has no statutory force,” the bench noted.