THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition Nos.19646,19934&19940 of 2008 And Contempt Case Nos.1259,1244&1258 of 2008 COMMON ORDER: In this batch of writ petitions, the petitioners complain that the respondents are enhancing the capacity of the existing irrigation tank and the same is likely to result in submergence of the land of the petitioners. It is also stated that to increase the height of the tank bund, the respondents are digging earth from the lands of the petitioners and thereby, huge loss is caused to them. The petitioners assert that unless and until their lands are acquired, they cannot be subjected to submergence, much less the respondents can undertake digging. The respondents filed counter affidavits in the writ petitions. It is stated that an irrigation tank, which was neglected for the past several years, is being repaired and no additional area is brought under submergence. It is also stated that the spillway of the tank is not at all altered and in case, they propose to increase the height of it, they would acquire the affected land. This Court passed interim orders, directing that the respondents shall maintain status quo as regards the digging over the land of the petitioners. The Contempt Cases are filed alleging that despite the interim orders passed by this Court, the respondents have removed huge quantities of earth from the lands of the petitioners. Since this allegation was denied by the respondents, Commissioners were appointed by this Court in the respective contempt cases. The reports disclose that huge trenches were dug in the land of the petitioners. Heard the learned counsel for the petitioners and the learned counsel for the respondents. This is not a case, where any new irrigation project is brought into existence. Repairs are taken up to the existing tank. The lands of the petitioners are in the foreshore area. According to them, their lands were never subjected to submergence and in view of the work being now undertaken, they would be inundated with water. Their second grievance is that the respondents are digging trenches in their land. Across the Bar, it is stated by the learned Government Pleader that as of now, proposals have been mooted for acquisition of an extent of Ac.50.00 of land including the one belonging to the petitioners, which is likely to be submerged, after restoration of the tank to its full level. He has also stated that trenches were dug to excavate earth in part of the land of the petitioners in Survey No.8/2 under a mistaken impression as to boundaries. An unequivocal undertaking is given to the Court to the effect that the trenches would be levelled at their own cost and the land would be subjected to submergence only after acquisition. Taking on record the undertaking given on behalf of the respondents, the writ petitions as well as the contempt cases are closed. It is directed that the trenches that were dug in Survey No.8/2 shall be levelled within 15 days from today. There shall be no order as to costs. _________ 22.12.2008 Note: Issue C.C. in one week. (B/o) JSU THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition Nos.19646,19934&19940 of 2008 And Contempt Case Nos.1259,1244&1258 of 2008 Date: 22.12.2008 JSU