Disposed

D Rajavardhan Reddy and P Kishore v. the State of Andhra Pradesh Rep by Its Principal Secretary Revenue Department

NGT4 Jul 2025Original Application No. 193/2021

Case brief

AI extract

What is this about?

Applicants challenged the filling of land within a water body's Full Tank Level. The Tribunal held the land is part of the submersible area, prohibited further conversion under building rules, and directed authorities and private owners to restore the original tank capacity by removing fill material.

What did the court decide?

Directing removal of murram/spoil to restore original tank capacity and directing authorities to maintain the land as agricultural within the FTL.

D Rajavardhan Reddy and P Kishore vs the State of Andhra… — Environment and Pollution | NGT (2025)

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Item No.16:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Friday, the 04^th day of July.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.193 of 2021 (SZ)

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IN THE MATTER OF

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1) D. Vishnuvardhan Reddy

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S/o. D. Laxmi Reddy, Aged 67 years, H.No.40/802, Nehru Nagar, Kurnool Town, Kurnool District.

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[Substituted vide Order dt.21.07.2022 in I.A. No.120 of 2022 (SZ)]

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2) Perapogu Kishore

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S/o. P. Ranganna (Late), Aged 34 years, H.No.7-60, Mangalagiri Colony, B. Thandrapadu Village, Kurnool Rural Mandal, Kurnool District.

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…Applicant(s)

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Versus

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1) The State of Andhra Pradesh

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Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District.

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2) The Engineer-in-Chief

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Irrigation Department, Vijayawada.

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3) The Superintending Engineer

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Irrigation (Medium & Minor) Circle, Kurnool, Kurnool District.

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4) The District Collector

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Kurnool District.

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5) The Revenue Divisional Officer

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Kurnool Revenue Division, Kurnool.

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6) The Executive Engineer

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Water Resources Department, Minor Irrigation Water Division, Kurnool.

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7) Dhulipalla Koti Swamy

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S/o. D. Veeraiah, H.No.45-203-2-4-401, Sai Padmaja Enclave, Ashok Nagar, Kurnool City.

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8) Araveti Babaiah

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S/o. Araveti Subbaiah H.No.15-9C-10/9C, Saibaba Peta, Nandikotkoor, Kurnool District.

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9) Duddempudi Kiran Kumar

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S/o. D. Venkateswarlu H.No.46-1M-DE-501, Sapthagiri Nagar, Kurnool City.

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10) Sapuru Rajasekharappa

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S/o. Sapuru Kumarappa H.No.23/23-123-B, Rajaveedhi, Nandikotkur, Kurnool District.

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11) Dhulipalla Venkata Rao

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S/o. Dhupalla Veeraiah D.No.8-2-293/82/BE/20, Navanirman Nagar, Near Jubilee Hills Public School, Jubilee Hills, Hyderabad.

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[Respondents No.7 to 11 were impleaded as per Order dated 08.12.2021 in I.A. No.169 of 2021 (SZ)]

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...Respondent(s)

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For Applicant (s): Mr. S. Sai Sathya Jith, Ms. Aarti R Mundhra & Mr. B. Mohana Krishna.

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For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R4 & R5. Mr. M.R.S. Srinivas for R2, R3 & R6. M/s. Arun Karthik Mohan, Suhrith Parthasarathy for R7 to R11.

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Judgment Reserved on: 10^th June, 2025.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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J U D G E M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1. The above-captioned application was initially filed by two applicants, both agriculturists by profession and actively engaged in social work. During the pendency of the proceedings, the first applicant, Mr. D. Rajavardhan Reddy, passed away on 20.04.2022. Pursuant to this, his father was substituted in his place vide order dated 21.07.2022 in I.A. No. 120 of 2022 (SZ).

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2. This is an application filed to protect the existing Gangamma Cheruvu Full Tank Level ( FTL ) in Survey Nos.81/1 and 299 of B. Thandrapadu Village, Kurnool Mandal, without being subjected to any other purposes, including conversion of land for construction of houses and direct the official respondents to deepen the said Gangamma Cheruvu for allowing free flow of water.

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3. The applicants have alleged that the Sy. Nos.81/1 and 299 are falling within the submersible area of Gangamma Cheruvu as marked in the Village Plan and falling within the FTL boundary. It is also alleged that some private individuals are filling the said land with gravel and other materials, altering the geographical features, which will reduce the storage capacity of the tank and decrease the benefits derived by the ayacutdars. As per G.O. Ms. No.168 dated 07.04.2012 of Panchayatraj Department of Andhra Pradesh, no building/development activity shall be allowed in the bed of water bodies like river, nalla, lake, pond, cheruvu or kunta.

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4. It is further stated that on 17.06.2021, the Tahsildar of Kurnool Mandal addressed a letter to the District Collector, Kurnool District, confirming that water was being stored on approximately 50 Acres in Survey Nos.76 to 81, 299, 309 and 310,

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and used for agriculture and further, the land in Survey Nos. 81/1 and 299 were being unlawfully levelled with mud by realtors.

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5. Despite multiple representations by the applicants and residents of B. Thandrapadu Village, the respondent authorities have failed to take action against the illegal filling of land in Survey Nos. 81/1 and 299 with gravel and other materials. Furthermore, the private respondents are proceeding with the unlawful conversion of agricultural land to non-agricultural purposes to facilitate housing projects on Gangamma Cheruvu Tank. Such actions disregard the ecological significance of the area, which sustains hundreds of families and their livestock, and are in clear violation of established environmental and legal norms.

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6. In view of the above, the applicants are left with no alternative but to seek the intervention of this Tribunal.

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7. Upon notice, both the official and private respondents entered appearance through their counsels and filed their respective pleadings.

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8. The Joint Committee comprising the District Collector – Kurnool District and the Superintending Engineer – Irrigation, Kurnool, was appointed by this Tribunal, to inspect the area in question and submit a factual and action taken report. The said Joint Committee had inspected the area in question on 05.10.2021 and filed the report, which specifically states that:

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(i) As per the revenue records i.e. Resettlement Survey Register ( RSR ) of B. Thandrapadu Village, there is no extent for the Cheruvu in question. Whereas, the water is being stored in the rainy season in certain survey numbers, which include Sy. Nos.81 and 299.

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(ii) The Government of Andhra Pradesh, vide G.O. (Ms.) No.216 dated 13.06.2005, had issued orders that all the MI Tanks under the control of Panchayat Raj Department shall be transferred to the Irrigation Department. Accordingly, the Panchayat Raj, Kurnool, had handed over the Gangamma Cheruvu with the condition of the tank satisfactory.

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Nonetheless, the FTL of the tank was not mentioned in the handing over report.

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(iii) An administrative sanction for the work of investigation and preparation of the Detailed Project Report ( DPR ) to provide drinking water and irrigation facilities to upland areas in the jurisdiction of Minor Irrigation (W) Division, Kurnool through the HNSS Project was accorded on 21.07.2015 vide G.O. Rt. No.479 Water Resources (MIR) Department. In the said survey, around 106 tanks in Kurnool were surveyed and arrived at the hydraulic particulars like capacity of the tank, FTL, sill level of sluices, tank bund length, weir length, water spread area, etc. As per the above survey, the FTL of the Gangamma Cheruvu in B. Thandrapadu Village arrived at +310.180 Meters.

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(iv) It is also observed that the land in Sy. Nos.81/1 and 299 of B. Thandrapadu Village are being levelled by filling it up with murram/spoil. Upon enquiry, it is revealed that certain individuals have purchased land in Sy. No.81/1, an extent of 8.90 Acres and in Sy. No.299, an extent of 2 Acres and they obtained PPB/TDs vide Khata No.989, 991, 992 and 993 in their names. They have also paid land conversion fees in terms of G.O. (Ms.) No.98 dated 19.02.2018. The Tahsildar has further stated that the water is being stored in the rainy season in their fields and some of the villagers are creating problems, stating that the lands are not patta lands and are Cheruvu lands.

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(v) It was also further ascertained that every year water is being stored in the above-said survey numbers during the rainy season and during other seasons, the pattadars are cultivating the land. Recently, pattadars in Sy. Nos.81/1 and 299 have levelled the land by filling it with murram/spoil.

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(vi) The Tahsildar has further stated that all the specified lands in question are patta lands, except the land in Sy. No.78, an extent of 0.83 Acres, as per RSR of B. Thandrapadu Village.

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9. The Superintending Engineer, Irrigation Circle, Kurnool, has filed a counter affidavit on behalf of Respondents No.2, 3 and 6 , stating that the Hundri Neeva Sujala Sravanthi ( HNSS ) Canal is a lift irrigation system to cater to the irrigation requirements to about 6 Lakhs acres and drinking water needs for about 25 lakhs population. The said main canal starts from the foreshore of the Srisailam Reservoir with the discharge of 3850 cusecs through Kurnool, Ananthapur, Chittoor Districts and merges with Neeva River in Chittoor District, after travelling 550 Kms. It is stated that in the initial stage of the HNSS project, the formation of a canal for connecting Gangamma Cheruvu was not considered. However, it is stated that the Gangamma Cheruvu is the oldest being prior to 1940 established to provide irrigation to an ayacut of 62.29 Acres and mitigate the drinking water requirements of the public through percolation and also to meet the drinking water requirement for cattle. In view of the urbanization of Kurnool City, the ayacut to be irrigated has come down to 40.80 Acres. Therefore, even though the Gangamma Cheruvu is not connected to HNSS, water in the catchment area of the Cheruvu is harvested to supply 40.80 Acres of ayacut. It is also stated that the cultivators cannot be allowed to convert their lands to any other purpose other than cultivating.

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10. The Irrigation Department has further stated that the said Gangamma Cheruvu is located on the Kurnool – Nandyal Highway at 8 Km distance from the Kurnool City and it is in the B. Thandrapadu Village, having a storage capacity of 12.309 Mcft. The original registered ayacut is an extent of 62.29 Acres (25.22 Hectares) and the FTL of the Cheruvu is measured as +310.180 meters. The submersible area is stated to be 28.148 Hectares. Due to the filling of foreshore land to an extent of 10.90 Acres with an average depth of 1 Meter, the reduced storage capacity is 1.558 Mcft. Due to decrease in 1.558 Mcft of water in the tank capacity, the tail end will be affected by a shortage of irrigation water and the groundwater recharge also will be affected. Due to the decrease of the surface area of 10.90 Acres in the foreshore of the tank, cattle/animal feeding, flora and fauna, birds, water feeding and drinking water to the nearby villages like B. Thandrapadu, Pasupula, Sudireddypalli, Dinnedevarapadu, Nandanapalli,

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Rayalseema University area and G. Pullareddy Engineering & Dental Colleges are affected. As the Cheruvu is in the area of Kurnool Urban Development Authority, it will serve as a drinking water source for Kurnool Municipal Corporation and there is no other water body within a radius of 4 to 5 Kms. The private pattadars have only the right to cultivate when there is no water. It is also stated that as per G.O. (Ms.) No.216 dated 13.06.2005, all Minor Irrigation Tanks under the control of Panchayat Raj Department are transferred to the Irrigation Department, though the maintenance has to be done only by the Gram Panchayats concerned.

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11. The District Collector – Kurnool District , has filed an independent report dated 01.08.2024 , wherein it is stated that as per the revenue records, the term ‘Gangamma Cheruvu’ does not exist in Sy. Nos.81/1 and 299 of B. Thandrapadu Village. As per the RSR, the said lands are patta lands. It is categorically stated that as per the revenue records, the land situated in Sy. Nos.81/1 and 299 is patta land and not government land. However, necessary instructions are issued to the Irrigation Department and Revenue Department to prevent further levelling and filling of the patta land. For the allegation of conversion of land, it is stated that the RDO, Kurnool, has already rejected the conversion application on 06.02.2023 on the ground that “ the land is in submerged area of Gangamma Cheruvu and submerged with full of water during rainy season” . Therefore, the private respondents have not converted the said land into non-agricultural land.

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12. It has been reported by the District Collector, in his letter dated 23.09.2021 addressed to the Chairperson, State Human Rights Commission, Andhra Pradesh, that the tank being called as ‘Gangamma Cheruvu’ of B. Thandrapadu Village, Kurnool Rural Mandal is situated in Sy. No.76 and the water stored area is covered by the extents of Sy. Nos.76, 77, 78, 79, 80, 81, 299, 301 309 and 310 of B. Thandrapadu Village and all those survey numbers, except Sy. No.78, are patta lands. The District Collector further states that the B. Thandrapadu Tank, being called as ‘Gangamma Cheruvu’ , is vested with the Irrigation Department and as per the report of the Irrigation Department, the capacity of

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the tank is 12.31 mcft and the ayacut under this tank is 62.32 Acres.

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13. The private respondents ( Respondents No.7 to 11 ), in their reply, have stated that they are the owners of the properties holding a valid patta in respective lands in Sy. Nos.81/1 and 299 and in their capacity as owners, have undertaken the activity of levelling the land for use. As there is no extent of Cheruvu/Tank in existence, over these lands belonging to Respondents No.7 to 11, the question of reducing the tank storage capacity or decreasing the ayacut does not arise. These respondents have stated further that the land conversion to nonagricultural use has been approved by the Government authorities taking into account the nature, classification and usage of the lands. Respondents No.7 to 11 also filed an Original Suit No.46 of 2021 on the file of the Principal Senior Civil Judge, Kurnool, seeking a permanent injunction restraining the private respondents therein from interfering with their peaceful possession. In the said Original Suit also, Respondents No.7 to 11 have made their claim under specific sale deeds said to have been purchased in the years 2018 and 2019.

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14. From the above pleadings, the questions that arise for consideration are:-

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I. Whether the Sy. Nos.81/1 and 299 of B. Thandrapadu Village, Kurnool District are within the Gangamma Cheruvu Full Tank Level.

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II. Whether the private respondents (Respondents No.7 to 11) are entitled to level the said land in their own right as claimed by them.

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15. The applicant has knocked the doors of this Tribunal stating that the said Gangamma Cheruvu, located in B. Thandrapadu Village, was originally under the control of the Panchayat Raj Department and was subsequently handed over to the Minor Irrigation (Wing) Department in the year 2005. The

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applicants have also given the storage capacity of the Gangamma Cheruvu as 12.39 Mcft, catering to the ayacutdars of 25.22 Hectares. The FTL is stated to be +310.180 Meters and the submersible area of the tank is 28.148 Hectares.

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16. The applicants have placed reliance on a letter from the Tahsildar, Kurnool Rural Mandal to the District Collector, Kurnool District dated 17.06.2021. In the said communication, the Sy. Nos.76 to 81, 299, 309 and 310 of B. Thandrapadu Village are used for storing water. As some of the realtors were seen levelling the lands, a request was made by the villagers to purchase the land for the purpose of storage of water.

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17. In this regard, the Tahsildar has mentioned that as per the RSR, Sy. Nos.81/1 and 299 with an extent of 9.40 and 2.38 Hectares respectively are classified as ‘Government Dry land’ and the names against that are given as ‘Karim Khatubibi’ . As per Record of Rights ( ROR ), the Sy. Nos.81/1, an extent of 8.12 Ha. and Sy. No.299, an extent of 2.38 Ha. is in the name of Jawarila Baldev and Bahari Lal Baldev respectively. As per the Manual Adangal, the Sy. Nos.81/1 and 299 are in the names of Eqbal Hussain, Mohsin Hussain, Aarif Hussain, etc. and Sy. No.299 is in the name of Eqbal Hussain. Similarly, as per the Web Adangal, Sy. Nos.81/1 and 299 are in the names of Respondents No.7 to 11 herein.

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18. The Mandal Surveyor has reported that the water is being stored in the following survey numbers of B. Thandrapadu Village, Kurnool Rural Mandal i.e. 76 to 80, 81/1, 299, 309 and 310. The report also observed that Sy. Nos.81/1 and 299 are being levelled by filling it with mud. Upon enquiry, it was learnt that Respondents No.7 to 11 have purchased the said land to an extent of 8.90 Acres in Sy. No.81/1 and 2 Acres in Sy. No.299 and their names are also entered in the Web Adangal.

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19. Finally, it is stated that as per the revenue records i.e. RSR, ROR, Web Adangal, all the above-said survey numbers are patta lands, except the land in Sy. No.78, an extent of 0.83 Acres and acquisition of the land has taken place for the purpose of Gangamma Cheruvu, water is being stored in the above lands

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during the rainy season and when there is no water in the field, the pattadars are cultivating the above said lands.

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20. However, in the letter dated 23.09.2021 addressed by the District Collector to the Chairperson, State Human Rights Commission, Andhra Pradesh, it is specifically stated as follows:

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“I submit that after examining the report and verification of the Revenue Records etc., submitted by the Enquiry Committee constituted by this office, it is found that the Tank (being called as Gangamma Cheruvu) of B. Thandrapadu Village of Kurnool (Rural) Mandal, is situated in Sy. No.76 and water stored area is covered by the extents of Survey Numbers of 76, 77, 78, 79, 80, 81, 299, 301 309 and 310 of B. Thandrapadu Village and all these survey numbers (except Sy. No.78) are patta lands as per Land Records namely R.S.R., ROR, RH and webland adanagal of B. Thandrapadu Village of Kurnool (R) Mandal. With respect to Sy. No.78, extent 0.83 Acres, there was no pattadar name in column No.16 and no remarks in column 17 of R.S.R, in Webland Adangal, its classification is shown as ‘Govt. land – Cheruvu’ and as per R.H., Sy. No.78, extent 0.83 Acres, is shown under category of Porambokes.”

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21. Subsequently, the Executive Engineer – Water Resources Department has issued a letter dated 29.06.2021, giving details of the submersible area. In the said letter, it is stated that the Panchayat Raj Department handed over the Gangamma Cheruvu to the Minor Irrigation (Wing) Division, Kurnool, in the year 2005. During the said occasion, the storage capacity of the Gangamma Cheruvu was 12.309 Mcft with ayacutdars for 25.22 Ha. The FTL was +310.180 meters with a submersible area of 28.148 Ha. As per the letter of the Tahsildar, Kurnool, the Sy. Nos.81/1 and 299 are falling within the submersible area and the FTL boundary of the Gangamma Cheruvu, as marked in the village plan. The said letter also mentions that some private owners are raising the land of Sy. Nos.81/1 and 299 by filing with the soil of the tank foreshore and disturbing the geographical features of the land. This will reduce the tank storage capacity and decrease the ayacut.

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22. On the strength of the above-referred letters of the Tahsildar and the Water Resources Department, a representation was given to protect and restore the Gangamma Cheruvu FTL area through the District Collector vide letter dated 22.07.2021 by the Original Applicant.

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23. This Tribunal had appointed a Joint Committee comprising (i) the District Collector, Kurnool and (ii) Superintending Engineer, Irrigation Circle, Kurnool, to ascertain the total extent of the Cheruvu prior to 1940 as per the original records; verify whether the FTL has been fixed; any encroachment has been done; and the damages (if any) caused to the environment. The Joint Committee along with other officials viz., Revenue Divisional Officer (RDO), Kurnool and the Tahsildar, Kurnool Rural Mandal, caused an inspection 05.10.2021 and in the Joint Committee report dated 06.12.2021, it is stated that there is no extent for the Cheruvu in question and the water is being stored in Sy. Nos.76 to 81, 299, 309 and 310. However, a mention of the Cheruvu in the above survey numbers in RSR is not found.

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24. The District Collector has filed a counter dated 01.08.2024 along with extracts of the Revenue Records. The Village Map (Page 13 of the counter) clearly shows the presence of water body named as ‘B. Thandrapadu Cheruvu’ and the adangal reveals that Sy. No.76/1 is classified as ‘Cheruvu’ (Waterbody) and the extent being 17.35 Acres, though patta has been granted and Sy. No.76/2 is classified as ‘National Highway’ and the extent being 2.90 Acres, which confirms the statement of the District Collector made before the State Human Rights Commission that the tank, being called ‘Gangamma Cheruvu’ of B. Thandrapadu Village of Kurnool District, is situated in Sy. No.76. Further, the report submitted by the Tahsildar to the District Collector, Kurnool District, vide Rc.B.420/2021, dated 17.06.2021, reveals that Sy. Nos.76/1 and 76/2 are classified as Cheruvu lands and further, the Mandal Surveyor’s report clearly indicates that the water is being stored in B. Thandrapadu Village of Kurnool Rural Mandal in the following survey numbers: 76, 77, 78, 79, 80, 81/1, 299, 309 and 310 (totalling 53.86 Acres).

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25. With respect to the FTL, reference is made to G.O. Ms. No. 216 dated 13.06.2005 issued by the Panchayat Raj and Rural Development Department, which stipulates that all minor irrigation tanks under the control of the Panchayat Raj shall be transferred to the Irrigation Department. Accordingly, on 23.08.2005, the MI Tank in Kurnool was handed over to the Irrigation Department. While handing over the said Gangamma

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Cheruvu with an ayacut of 25.22 Ha. with the condition of the tank satisfactory, no FTL was mentioned in the handing over report.

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26. While so, in G.O. Ms. No.479 Water Resources (MIR) Department dated 21.07.2015, an administrative sanction was granted for the work of investigation and preparation of DPR to provide the drinking water and irrigation facilities to upland the areas in the jurisdiction of MIR Kurnool through HNSS project. Accordingly, 106 tanks were surveyed and as per the above survey, the FTL of the Gangamma Cheruvu was arrived at +310.180 Meters. While so, during the inspection, it was found that Respondents No.7 to 11 were found levelling the lands with murram, as they have paid the conversion fees in terms of G.O. Ms. No.98 dated 19.02.2018.

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27. It is also stated that water is stored during the rainy season in the fields and some of the villagers are creating problems, stating that the land is not a patta land and it is a Cheruvu land. The Tahsildar, Kurnool Mandal has also stated after ascertaining that water is being stored in the above-said survey numbers during the rainy season every year and during other seasons, the pattadars are cultivating the land. However, recently, the pattadars were found levelling the land. The report also further stated that excepting the Sy. No.78, an extent of 0.83 Acres in the said village, no assignment has been made in respect of the other survey numbers, as they are patta lands.

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28. Though the independent report of the District Collector – Kurnool District has specifically stated that the term ‘Gangamma Cheruvu’ is not found in the revenue register pertaining to Sy. Nos.81/1 and 299, instructions were given to the Revenue and Irrigation Departments to prevent further levelling of the patta land.

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29. The Irrigation Department has reported that the filling up of patta lands falling within the Full Tank Level (FTL) of Gangamma Cheruvu has resulted in a reduction of the tank’s storage capacity by 1.558 Mcft, decreasing it from 12.309 Mcft. This clearly indicates that the act of raising the ground level of the patta lands has adversely impacted the tank’s capacity and its

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associated ecosystem. Therefore, there is an urgent need to restore the original storage capacity of Gangamma Cheruvu by removing the dumped soil.

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30. To be noted is that the conversion attempt by the purchasers was rejected by the RDO on 06.02.2023 and the same is under challenge before the Hon’ble High Court of Andhra Pradesh. The proceedings of the RDO dated 06.02.2023 has categorically stated that “the land in Sy. Nos.81/1 and 299 of B. Thandrapadu Village are in submerged area of Gangamma Cheruvu and submerged with full of water during rainy season” .

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31. Though Respondents No.7 to 11 claim to have purchased the property in the years 2018 and 2019 and got their name registered in the Web Adangal, the fact remains that the said survey numbers are falling within the submersible area and FTL area of Gangamma Cheruvu/Thandrapadu Tank.

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32. Along with the reply, Respondents No.7 to 11 have filed a copy of the plaint in Original Suit No.46 of 2021 on the file of Principal Senior Civil Judge, Kurnool, wherein Respondents No.7 to 11 herein as plaintiffs have sought for permanent injunction restraining the defendants therein from disturbing their peaceful possession. The schedule of property mentioned therein includes Sy. No.81/1 and 299 along with other survey numbers of B. Thandrapadu Village, Kurnool.

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33. Respondents No.7 to 11 also place a reliance on the G.O. (Ms.) No.168 dated 07.04.2012 issued by the Municipal Administration and Urban Development Department, Andhra Pradesh. The above G.O. refers to the Andhra Pradesh Building Rules, 2012, applicable to all Urban Development Authority areas and Urban Local Bodies together with Gram Panchayat areas in the State covered in Master Plans/ General Town Planning Schemes/ Outline Development Plans.

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34. Rule 3 of the Andhra Pradesh Building Rules, 2012, refers to the restriction of building activity in the vicinity of certain areas. Rule 3 (a) is specific about the restriction of buildings in water bodies. Rule 3 (a) (i) and (ii) are extracted usefully for better understanding:

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“ 3 . Restriction of building activity in the vicinity of certain areas.

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(a)Water Bodies: -

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(i) No building / development activity shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta / shikam lands.

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Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake / Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.

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(ii) The above water bodies and courses shall be maintained as Recreational/Green Buffer Zone and no building activity shall be carried out within:

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(1)100m from the boundary of the River outside the Municipal Corporation / Municipality / Nagara Panchayat limits and 50m with in the Municipal Corporation / Municipality / Nagara Panchayat limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.

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(2)30m from the FTL boundary of Lakes / Tanks / Kuntas of area 10Ha and above.

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(3)9m from the FTL boundary of Lakes / Tanks / Kuntas of area less than 10Ha / shikam lands;

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(4)9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.

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(5)2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m.”

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35. The above rules prohibit any building/development activity in the bed of water bodies like river or nallah and in the FTL of any lake, pond, cheruvu or kunta/shikam lands. Rule 2 also specifically prohibits any building activity to be carried out within 30 meters from the FTL boundary of the lake, etc.

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36. Based on the findings of the Irrigation Department, which have been relied upon by the Revenue Department, that Sy. Nos. 81/1 and 299 of B. Thandrapadu Village fall within the submersible area and the FTL boundary as marked in the village plan, the activities of Respondents No. 7 to 11, even if they claim title to the property, are restricted in terms of the Andhra Pradesh Building Rules, 2012, as applicable to water bodies.

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37. Therefore, in light of the above detailed discussions, the Sy. Nos.81/1 and 299 of B. Thandrapadu Village, Kurnool District, which are found to be falling within the submersible area and FTL boundary of the Gangamma Cheruvu, the authority, namely the Irrigation Department and the District Collector – Kurnool District are directed to maintain the same as agricultural

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lands falling within the FTL of Gangamma Cheruvu/Thandrapadu Tank, subject to the outcome of the writ petition [W.P. No.20277 of 2024] pending before the Hon’ble High Court of Andhra Pradesh at Amaravathi.

¶125

38. The private respondents, who have raised the level in their respective lands as a result of which there is a reduction in the water storage capacity, are directed to restore the original level by removing the murram/spoil used for raising the level of the patta lands. However, the private respondents are at liberty to utilize the said lands for agricultural purposes when the lands are not inundated.

¶126

39. The District Collector, Kurnool District, shall ensure that the original storage capacity of Gangamma/B. Thandrapadu Cheruvu is fully restored.

¶127

40. Accordingly, the Original Application [O.A. No.193 of 2021 (SZ)] is disposed of.

¶128

Sd/Smt. Justice Pushpa Sathyanarayana, JM Sd/Dr. Satyagopal Korlapati, EM

¶129

Internet – Yes/No All India NGT Reporter – Yes/No

¶130

O.A. No.193/2021 (SZ) 04^th July, 2025. Mn.

¶131

Page 15 of 15

D Rajavardhan Reddy and P Kishore v. the State of Andhra Pradesh Rep by Its Principal Secretary Revenue Department

Case brief

What is this about?

What did the court decide?

D Rajavardhan Reddy and P Kishore v. the State of Andhra Pradesh Rep by Its Principal Secretary Revenue Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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