HUMAN RIGHTS & CONSUMER PROTECTION CELL TRUST vs THE STATE OF TELANGANA REP BY ITS CHIEF SECRETARY

Page 1 of 9 Item No.1:- BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 25th day of February, 2026. [Through Physical Hearing (Hybrid Option)] Original Application No.71 of 2023 (SZ) IN THE MATTER OF: Human Rights & Consumer Protection Cell Trust Regd.

No.

1/IV/2014 Represented by its Managing Trustee Thakur Rajkumar Singh S/o.

Late Sri.

T.

Deen Dayal Singh Aged about 52 years, Occupation – Managing Trustee – HRCPC Trust BHEL MIG 982, Serilingampally, Hyderabad – 502 032, Telangana State. …Applicant(s) Versus 1) The State of Telangana Rep. by its Chief Secretary, Telangana Secretariat, Hyderabad – 500 063, Telangana State.

2) The Metropolitan Commissioner Hyderabad Metropolitan Development Authority, Swarna Jayanti Complex, Sanjeeva Reddy Nagar Rd, Srinivasa Nagar, Ameerpet, Hyderabad – 500 038, Telangana State.

3) Lake Protection Committee (G.O.Ms.

No.157 – MAUD, Dt.

06.04.2010) Rep. by its Member Convenor: Member Environment #6-3-1-2/1, Tank Bund Road, Hussain Sagar, Opp: LIC Division Post, Hyderabad – 500 029, Telangana State.

4) The Member Secretary, Pollution Control Board, A-3, Paryavaran Bhavan, Sanathnagar, Hyderabad – 500 018, Telangana.

5) The District Collector Sangareddy District, District Collectorate, Sangareddy – 502 001, Telangana.

Page 2 of 9 6) The Superintending Engineer Irrigation Department # 4-7-8/8/19/1, Sangareddy By-Pass Road, Telangana – 502 001.

7) The Executive Engineer & District Irrigation Officer – Sangareddy District 4-7-24/3, Sangareddy Bypass Road, Revenue Colony, Balaji Nagar, Telangana – 502 001.

8) The Tahsildar –Jinnaram Mandal, MRO Office, Jinnaram, Sangareddy – 502 319, Telangana State.

9) The Municipal Commissioner Bollaram Municipality Bollaram, Jinnaram Mandal, Sangareddy – 502 325, Telangana State.

10) M/s.

Greater Infra Projects Private Limited Rep. by Director – K.V.

Prasad Rao # Plot No.

217/A, 2nd Floor, Near Metro Station, Matrusri Nagar, Miyapur, Hyderabad – 500 049, Telangana State.

11) Ms. e.

11) Ms.

C.

Kanaka Durga Rao W/o Late C.S.

Rao R/o.

H.No: 74, Aparna Country, Miyapur “X” Roads, Hyderabad – 500049, Telangana State.

12) Mr.

Krishna Rao S/o.

Late C.S.

H.No: 74, Aparna Country, Miyapur “X” Roads, Hyderabad – 500 049, Telangana State. ...Respondent(s) For Applicant(s): Mr.

Thakur Rajkumar Singh (Party-in-Person).

For Respondent(s): Mrs.

H.

Yasmeen Ali for R1, R3 & R5 to R9.

Mr.

Sai Krishnan for R2 & R4.

M/s.

A.V.

Arun, M.A.

Aruneshe, Ganesh Varanala, G.

Prabaharan, M.

Abinu Monisha and S.

Farhan Ali for R10 to R12.

Judgment Reserved on: 07th February, 2026.

CORAM: HON’BLE Smt.

JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr.

PRASHANT GARGAVA, EXPERT MEMBER Page 3 of 9 J U D G M E N T Delivered by Smt.

Justice Pushpa Sathyanarayana, Judicial Member 1.

The present Original Application has been filed by a registered trust, namely the Human Right & Consumer Trust, represented by its Managing Trustee, Mr.

Thakur Rajkumar Singh, the Applicant-in-Person, alleging that Respondent Nos.10 to 12 are carrying out the construction of 84 independent residential villas in Survey Nos.

82 and 83 of Bollaram Village, Jinnaram Mandal, Sangareddy District, Telangana, by encroaching upon a water body known as “Varra Kunta” (Lake ID No.1000/89).

2.

It is alleged that the respondents have illegally converted a waterbody into a residential layout and that the authorities failed to prevent such encroachment.

3.

While examining the allegations made in the application, the replies/reports filed by the various authorities were considered.

4.

The Telangana Pollution Control Board (TGPCB) has filed its report 04.07.2023 stating that, pursuant to the allegations, an inspection was conducted on 13.06.2023 in Survey Nos.82 and 83 of Bollaram Village.

During the inspection, no trace of lake or water body was found to be existing within the said survey numbers.

As per the Khasra Pahani of 1951, no lake is shown in Survey No.82. vey No.82.

Enquiries were also made with the Irrigation Department, Sangareddy Division, which confirmed that no lake exists in Survey Nos.82 and 83 as per departmental records.

5.

The Board further stated that Respondent No.10 (M/s.

Greater Infra Projects Private Limited) is establishing 84 independent residential villas over an extent of Acres 7.20 Guntas and that construction commenced in August 2022.

The project proponent has obtained: ● Conversion from agricultural to non-agricultural use vide Proceedings dated 13.08.2020 from the Revenue Divisional Officer, Sangareddy; Page 4 of 9 ● Change of land use vide G.O.Ms.

197 dated 18.11.2021 from ‘Manufacturing Use Zone’ to ‘Residential Use Zone’; ● Environmental Clearance dated 02.06.2022 from the SEIAA – Telangana; and ● TS-b PASS layout permission dated 26.07.2022.

6.

It is also stated that the project proponent applied for Consent for Establishment (CFE) on 26.06.2023 and the same is under process.

7.

The District Collector, Sangareddy District (Respondent No.5), pursuant to the order dated 31.05.2023 passed by this Tribunal, constituted a Joint Committee vide Proceedings dated 14.06.2023 comprising the Additional Collector, Sangareddy, Revenue Divisional Officer, Sangareddy, Executive Engineer (LPC), HMDA, Hyderabad, and the Executive Engineer, I & CAD, I.B.

Division No.1, Sangareddy.

The Committee conducted a joint inspection on 04.07.2023 at Sy.

Nos.82 and 83 of Bollaram Village, Jinnaram Mandal, after verification of the revenue records, village map and Survey of India Topo Sheet No.

E44M6 (56K/6).

The Sy.

No.82, is recorded as patta land admeasuring Ac.8.28 Gts, fully cultivable and assessed to land revenue, no existence of any tank or water body.

8.

With regard to the HMDA Lake Protection Committee data, ‘Varra Kunta’ is shown as a preliminary notified lake (Lake ID No.1000/89) with FTL area of Ac.2.871 as per map uploaded in public domain. ic domain.

However, the cadastral map is tentative and not certified by the Revenue Department.

Upon fixing FTL points as per the HMDA map, certain points were found falling in Sy.

No.82 (private patta land).

9.

During field inspection, no physical traces of Varre/Yerra Kunta were found on the ground.

Survey No.

83 has been covered under the Andhra Pradesh State Non-resident Indian Investment Corporation (ANRICH) Industrial Layout since the 1990s and industries are presently existing therein.

The Committee has concluded that the allegation of conversion of a water body in Sy.

No.82 is not substantiated by revenue records, revenue maps, topo sheet or field inspection and that the original Page 5 of 9 tank recorded in Survey No.83 has been covered under industrial development decades ago.

10.

The 2nd Respondent/Hyderabad Metropolitan Development Authority (HMDA) has filed its reports stating that a Preliminary Notification defining the Full Tank Level (FTL) of Varra Kunta (Lake ID No.1000/89), Bollaram Village, Jinnaram Mandal, was issued and published on 27.02.2018.

Pursuant to a survey conducted on 10.02.2017, the FTL area was fixed as 2.871 acres and the same was uploaded in the HMDA public domain.

As per the cadastral map uploaded, the lake was reflected as spreading in Sy.

Nos.81 and 84 of Bollaram Village.

However, the said cadastral map was tentative in nature and not certified by the Revenue Department.

Subsequently, upon verification of revenue records and ground status, it was noticed that as per Sethwar, Khasra, Sesala and Pahanies from 1970-71 onwards, Varra Kunta/Yarra Kunta is recorded only in Survey No.83 as Sarkari Shikam Talab to an extent of Ac.0.38 guntas.

There is no indication of any water body in Sy.

No.82 (Patta land), nor in Sy.

Nos.81 and 84 as per certified revenue records.

The Revenue Village Map and Survey of India Topo Sheet also do not depict any tank in Sy.

No.82.

11.

It is further stated that, under the notified Master Plan 2021 (Shambupur Zone Segment), Sy.

No.82 is earmarked as Manufacturing Use Zone and partly as Industrial Open Space/Buffer Zone.

The proposal for change of land use in Sy.

No.82 was processed in accordance with statutory procedure.

The Government vide Memo dated 25.06.2021 directed calling for objections and suggestions from the general public.

Accordingly, public notice dated 29.07.2021 was issued in newspapers and no objections were received.

The Inspection Report of the Tahsildar, Jinnaram Mandal dated 01.08.2018 certifies that Sy.

No.82 does not fall under any irrigation source/FTL/buffer zone and that no nala or canal passes through the said survey number.

NALA Orders were also issued by the Revenue Divisional Officer, Sangareddy dated 13.08.2020.

Based on the Master Plan, Village Map and Revenue Records, draft residential layout permission in Survey No.82 was issued vide proceedings dated 26.07.2022.

Page 6 of 9 12.

The Preliminary Notification dated 27.02.2018 issued in respect of Varra Kunta (Lake ID No.1000/89) was found to be erroneous upon re-verification of records.

Accordingly, the District Collector, Sangareddy, was requested to re-examine the matter with reference to ground status and submit revised Preliminary Notification proposals.

The Revenue Divisional Officer, Sangareddy has submitted the revised Preliminary Notification proposals for taking necessary action.

Upon issuance of the revised Preliminary Notification, the Final Notification will be issued strictly in accordance with due procedure.

13.

The 7th Respondent, which is the Irrigation Department confirmed that Revenue records from 1970–71 to 2014–15 record only Survey No.83 as “Sarkari Shikam Talab” to an extent of Ac.

0.38 Guntas.

No lake is recorded in Survey No.82.

It is reiterated that there is no obstruction to natural nala flow.

14.

Respondent No.

10 (M/s. .

10 (M/s.

Greater Infra Projects Private Limited) has filed a detailed counter and submitted the trace of title for Survey No.

82.

The land, measuring 8.03 acres in Survey No.

82, is private Patta land, originally owned by B.

Madhusudhan Reddy and sold under a registered Sale Deed dated 13.12.1979.

Subsequent alienations took place in 1984 and 1994, culminating in the ownership of Smt.

Kanaka Durga Rao and Sri C.

Krishna Rao.

An extent of 7.20 acres is under their ownership and peaceful possession.

Conversion to non- agricultural use was granted on 13.08.2020.

A Development Agreement-cum-General Power of Attorney dated 01.09.2021 was executed in favour of Respondent No.10.

15.

It is stated that the Government allotted Ac.162.00 guntas of land in the Survey.

Nos.81 and 84 of Bollaram Village to ANRICH Industrial Estate vide Permit No.2677/16P2/H/93 dated 29.01.1993 for industrial development.

The said lands were developed as an industrial estate and subsequently allotted to private companies.

Further, the Survey No.83, recorded in revenue records as Shikam of Varre Kunta/Yerra Kunta, was also covered within the ANRICH Industrial Estate area and is presently part of the developed industrial layout.

Survey No.82 is recorded as patta land admeasuring Ac.8.03 guntas and no portion of Sy.

Page 7 of 9 No.82 is recorded as pote kharab, tank or water body in any revenue record.

16.

Heard the submissions made by the applicant (party- in-person) and the learned counsel appearing for the respondents and perused the materials available on record.

17.

The primordial allegation of the Applicant is that Survey Nos.82 and 83 of Bollaram Village, Jinnaram Mandal, Sangareddy District, form part of ‘Varra Kunta’ and that construction activity has encroached upon the said water body.

However, the revenue records, including Sethwar, Khasra, Sesala and Pahanies spanning several decades consistently record only Survey No.83 to an extent of Ac.

0.38 Guntas as “Sarkari Shikam Talab”. am Talab”.

Further, the Survey No.82 is recorded as private patta land and does not reflect classification as Shikam, Tank, FTL or buffer zone.

18.

The physical inspection by the Joint Committee, verification of Survey of India Topo Sheet and reports of the Irrigation Department and the TGPCB uniformly state that no lake exists in Survey No.82 and that no physical trace of a larger water body is presently identifiable on ground.

19.

The earlier Preliminary Notification issued by HMDA fixing FTL was admittedly tentative and not certified by Revenue authorities.

Subsequent re-verification and re-survey resulted in issuance of Re-Preliminary Notification dated 26.06.2025 reflecting authenticated revenue records.

Final notification is yet to be issued.

20.

This Tribunal also notes that, at the instance of the Applicant, independent verification was conducted by the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA).

HYDRAA carried out a site inspection on 02.12.2025 and held hearings on 16.12.2025 in the presence of the Applicant and Respondent No.10.

Page 8 of 9 21.

The Applicant subsequently filed a memo dated 26.01.2026 before this Tribunal, stating that he has no objection to the findings of the HYDRAA report, the contents of which are reproduced as follows: “1.

That pursuant to the complaints made by various persons and the issues raised in the present Original Application, a team from HYDRAA visited the Orrakunta Water Body on 02.12.2025 to ascertain the factual position on ground, after due notice and in connection with the Memo submitted in the matter of Orrakunta before this Hon’ble Tribunal.

That thereafter, on 16-12-2025 a hearing was conducted by the Commissioner, HYDRAA, along with other concerned officials at the HYDRAA Office, wherein the 10th Respondent was also heard, and the Applicant herein participated and placed all relevant records, documents, and submissions for consideration.

3. ration.

That subsequent to the said inspection and hearing, and pending issuance of the Final Notification, the Applicant herein addressed a letter dated 21-12-2025 which was submitted on 03.01.2026 to the Commissioner, HYDRAA, categorically stating that the Human Rights & Consumer Protection Cell Trust places on record that it has no objection to the report of HYDRAA, and that the Final Notification may be issued on the basis of the said report in accordance with due process of law.

That the said communication was made bona fide, in the interest of justice, environmental governance, and to facilitate statutory authorities in completing the notification process in a transparent and lawful manner.

That the Applicant is filing the present Memo only for the limited purpose of informing this Hon’ble Tribunal of the above subsequent developments and to place the same on record for its kind consideration.

Hence this Memo.” 22.

In view of the memo dated 26.01.2026 filed by the Applicant, expressing no objection to the findings of HYDRAA, and after considering the reports of the statutory authorities and the materials placed on record, this Tribunal finds that no issue remains in the present Original Application for further adjudication.

Page 9 of 9 23.

Accordingly, the Original Application [O.A.

No.71 of 2023 (SZ)] stands disposed of.

Sd/- Smt.

Justice Pushpa Sathyanarayana, JM Sd/- Dr.

Prashant Gargava, EM Internet – Yes/No All India NGT Reporter – Yes/No O.A.

No.71/2023 (SZ) 25th February, 2026.

Mn.