✦ High Court of India · 02 Apr 2025

High Court · 2025

Case Details High Court of India · 02 Apr 2025
Court
High Court of India
Decided
02 Apr 2025
Bench
Not available
Length
1,135 words

Guda Rural, Srinivasa Colony BTS, Nalgonda, Telangana S08001

5. The District Fisheries Officer, District Fisheries Office, Collectorate, MLG Rd, Nalgonda, Telangana 508001

6. The Chairman, District level Land Procurement Committee, DINDI Lift lrrigation Project, Nalgonda - 508 258 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of Writ of ...RESPONDENTS Mandamus to declare the action of the Respondent No.4 in not granting fishing rights to the Project Affected Families for loss of livelihood i.e., peiitioneI herein who lost their livelihood due to acquisition of their fertile agricultural lands comprising of 627 acres by the Respondent Nos. 5 and 6 in Singarajupally Reserv_orr, Dindi Lift lrrigation Poect, Nalgonda vide Grievance Registration' No. NLGDC/E/2025i00656 action dated 19.o2.2ozs proc. No. rhsotzots-q dated.11.2015 until completion of singarajupally Reservoir, as illegal, arbitrary, violation of principles of natural justice and violation of constitutional Rights guaranteed under Articles 14 and 21 and consequenfly direct the Respondent No.4 to grant fishing rights to the Petitioners herein being project Affected Families in compliance with the orders in G.o. Ms. No. 74 dated 14lo8t2o1} issued by the Respondent No.2 not withstanding completion of reservoir officially lA NO: 1 OF 2025 Petition under Section 1 5'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct th_e 4th respondent to grant fishing rights to the petitioners herein being project Affected Families in compliance with the orders in G.o. Iv'ls. trto. zY+ oiteo 14.08.2018 issued by the Respondent No.2 not withstanding completion of reservoir officially Counsel for the Petitioners: SRt. V SEETHARAMA AVADHANT Counsel for the Respondent No.1&6: Gp FOR tRRl ANO COMM AREA DEV Counsel for the Respondent Nos.2,3&5: Gp FOR FISHERIES Counsel forthe Respondent No.4: Gp FOR REVENUE The Court made the fotlowing: ORDER .' THE HONOURABLE SMT JUSTICE T.MADHAVI DEW WRIT PETITION No.9254 OF 2025 ORDER: This Writ Petition is filed challenging the action of respondent No.4 in not granting the fishing rights to the project- affected flamilies for loss of their livelihood due to acquisition of ttreir feftile agricultural land for the Singarajupally Reservoir, Dindi Lift Irrigation Project, Nalgonda, in accordance with G.O.Rt.No.74 dated 14.08.2018, while allotting the fishing rights to sorne other society as illegal and arbitrary.

2. Learned counsel for the petitioners has drawn the attention of this Couft to the memo dated 22.08.2024 in Telugu and according to the petitioners, the Fisheries Cooperative Society of Yerrakuntla Palli Dindi Mandal, has been granted fishing rights in the said proj ect

3. Learned Govemment Pleader for Fisheries appearing for respondents No.2, 3 and 5 as well as leamed Government Pleader for Irrigation, appearing for respondents No.1 & 6, submitted that titl .tldproject is completed, no fishing rights would be granted to I 2 TMD,J wP-9254 2025 j* .{ ,!. \ any parties, leave alone the petitioners herein. It is submitted that the memo dated 22.0g.2024 is being interpreted erroneously that the fishing rights have been granted to the yerrakuntla palli Cooperative fishing society. With regard to the photographs filed by the petitioner at page Nos.47 and 4g to demonstrate that cerlain pafties are doing fishing in respect of the project. it is submitted that no such fishing activity is being carried out.

4. However, this Court finds that there are people in the project and they appear to be doing fishing. In vierv of. the clear instructions of the Government that until the project is cornpleted, fishing rights of even smaller watcr bodies which got subsumed in the project will not be granted, this Courl deems it fit and proper to direct the respondents to make sure that the said guidelines are followed in its letter and spirit and no fishing rights are allowed in the project until the project is completed. However, if for any reason certain parties are allowed the fishing rights, then the petitioners shall also be considered for grant of such fishing rights in the project before its completion. I t 3 - TMD,J wP 9254 2025 5 With the above directions, this Writ Petition is disposed of' There shall be no order as to costs' 6 Miscellaneous petitions, if any, pending in this writ petition' shall stand closed. //TRUE COPY// SD/.S. MALLIKARJUNA RAO A SISTANT REGISTRAR SECTION OFFICER To, 1 . The Secreta Punjagutta, rv, lniqation and CAD Department lnam Hyder5bad, Telangana 500082 anzil Colony, 2 The soecial chief Secretary to Government of Telangana, Animal Hus.bandry, - oji.v be"etopment and Fis'heries Department, Dr. B. R. Ambedkar Telangana Secietariat, Hyderabad - 5OO022

3. The Director of Fisheries and Managing Director, TGFCOF Rd Number 4' - uvan, Shantinagar Colon!, Masab Tank, Hyderabad, Telangana - -At frlui"Vi 500028

4. The District Collector, Nalgonda District Collectrate, Miryalaguda Rd, Golla CuOJ nuraf , Srinivasa Coi-ony BTS, Nalgonda, Telangana 508001

5. The District Fisheries officer, District Fisheries office, collectorate, MLG Rd' Nalgonda, Telangana 50800'1

6. The Chairman, District level Land Procurement Committee, DINDI Lift lrrigation Project, Nalgonda - 508 258

7. One CC to SRl. V SEETHARAMA AVADHANI Advocate [OPUC] S.TwoCCstoGPFoRlRRlANDCoMMAREADEV,HighCourtfortheState of Telangana. [OUTt

9. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. IOUTI l0.TwoCCstoGPforFISHERIES,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

11.Two CD CoPies KKS LS HIGH COURT DATED:0210412025 ORDER WP.No.9254 of 2025 lHE SI/i 14: ('^ ? ??,:" ?r?\ ( t' .. \ I DISPOSING THE WRIT PETITION WITHOUT COSTS \ 6 6\ #

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