Hyderabad: The Telangana High Court on Thursday raised serious concerns over the government’s handling of alleged encroachments in and around Salkam (Surram) Cheruvu, while hearing a writ petition accusing HYDRAA of failing to act against buildings housing the Barrister Fatima Owaisi Educational Institutions (KG-PG) and the Salar-e-Millat Educational Trust, founded by AIMIM MLA Akbaruddin Owaisi.
Justice N.V. Shravan Kumar questioned the state’s stand after the government submitted that a joint survey report conducted by the irrigation department and other authorities that concluded that the educational institutions were not located within the tank bed or the notified full tank level (FTL) of Salkam Cheruvu.
Appearing for the state, additional advocate-general (AAG) Imran Khan placed before the court a memo stating that the GHMC had requested HYDRAA to forward the superimposed FTL map of Salkam Cheruvu to the district collector for further action. The government also relied on a recent survey indicating that all of Survey No. 62 of Bandlaguda fell within the lake area. The court noted that the FTL contour map had been authenticated only by the irrigation department officials and had not been certified by revenue authorities.
Justice Shravan Kumar pointed out apparent inconsistencies between the preliminary FTL notification issued in 2016 and the latest survey records, observing that the notified extent of the lake appeared to have been significantly reduced over the years.
The court questioned how the water spread area could have shrunk despite there being no recorded objections to the original FTL notification and remarked that any alteration to the notified FTL after an elaborate survey by the revenue and irrigation departments required a proper explanation.
The bench also sought answers on why a retaining structure had been constructed around the water body and why authorities had failed to inspect the site for nearly a decade despite the preliminary notification identifying the lake boundaries. It further questioned why the revenue department’s findings had not been reflected in the memo placed before the court.
Appearing as party-in-person, petitioner Vijay Gopal alleged that authorities had failed to act despite repeated complaints regarding constructions within the FTL and buffer zone. He questioned the validity of the claim of the trust that it had applied for regularization under the building regularisation scheme (BRS).
The petitioner informed the court that the Trust had earlier secured status quo orders from a coordinate bench by contending that demolition proceedings had been initiated despite its BRS application remaining pending since 2016. He argued that the trust had acquired the property only in 2017, and questioned how it could have filed a BRS application a year earlier. He urged the court to examine the chronology of the documents relied upon by the institution. He made an application to implead the CBI and Union home ministry.
Senior advocates J. Ramachandra Rao and P. Venugopal, appearing for the educational institutions and the trust, unsuccessfully challenged the maintainability of the writ petition. They contended that the petitioner lacked locus standi as he was neither an aggrieved person nor had he filed the matter as a public interest litigation. The court observed that any citizen was entitled to bring alleged illegal constructions on public property and water bodies to the notice of a constitutional court.
Justice Shravan Kumar referred to the Supreme Court’s judgment in the ‘Bulldozer case’, observing that while procedural safeguards governed demolitions, the apex court had clearly held that encroachments upon lakes, riverbeds and other public water bodies were not entitled to legal protection. The bench questioned whether Telangana had implemented the Supreme Court’s directions and directed the Chief Secretary to file, within three weeks, a detailed report outlining the steps taken by the state to comply with those directions.
School Education Dept. Comes Under Scrutiny
The school education department came under scrutiny in the Telangana High Court on Thursday after it failed to file an affidavit clarifying the recognition status of the educational institutions run by the Barrister Fatima Owaisi Educational Institutions (KG-PG) and the Salar-e-Millat Educational Trust.
Counsel for the education department had previously informed the court that the department had not given permission to run Classes 1 to 10 for the ongoing academic year and he had requested a week to file an affidavit.
The same counsel on Thursday informed the court that the trust had applied for permission to run the institution for the 2026-27 academic year but was unable to state whether permission had been granted for the present academic year. Asked by the court about the permissions for earlier years, counsel submitted that he was not aware.
The court further took exception to the failure of HYDRAA, GHMC, HMDA, the lake protection committee and the school education department to file their responses despite notices having been issued more than 90 days ago. It directed all respondents to explain the delay and submit comprehensive counter-affidavits.
During the hearing, petitioner Vijay Gopal also alleged that he and his family had been subjected to threats and online harassment because of the litigation. Taking note of the submission, the court observed that if the petitioner sought police protection, the state should consider providing appropriate security in accordance with law.
Granting three weeks to file counter-affidavits, the High Court adjourned the matter to July 30.
Coordinate Bench Recalled Status Quo Orders
Justice B. Vijaysen Reddy of the Telangana High Court on Thursday recalled an earlier order granting status quo in a writ petition filed by the Salar-e-Millat Educational Trust, after finding that its counsel had failed to disclose a related case pending before another bench.
Two days ago, the trust had approached the court complaining that despite their building regularisation scheme application made in 2016 was pending, the GHMC and other authorities were trying to demolish or seize the constructions allegedly constructed in the full tank level of Salkam Cheruvu.
The court had then issued status quo orders restraining the authorities. On Thursday, the same bench recalled the order after learning that another writ petition on the same subject was pending before the coordinate bench of the High Court headed by Justice N..V Shravan Kumar.
Justice Vijaysen Reddy held that this non-disclosure by the corporation’s standing counsel had led it to pass the earlier order without full facts, and that allowing the order to stand could conflict with proceedings already underway before the other bench.
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