Telangana High Court stays demolition of Secretariat by a day

Hyderabad: The High Court Division Bench comprising Chief Justice Raghavendra Singh Chauhan and Justice Bollam Vijaysen Reddy on Wednesday extended the stay on the demolition of the Secretariat yet by another day.

The Chief Justice Bench hearing public interest litigation on Wednesday filed by retired Professor PL Vishveshwar Rao and Dr Cheruku Sudhakar seeking a stay on the demolition of the Secretariat at Saifabad, Hyderabad.

The Counsel for the petitioners Chikkudu Prabhakar raised a contention that under the Environmental Protection Act, an Environment Impact Assessment Notification was issued on Sept 14, 2006 which deals with and prescribes an elaborate procedure for getting a prior environmental clearance from the concerned authority.

This is held mandatory by the apex court and by this High Court in a catena of Judgments and this notification cited clearly stipulates that prior to demolition of the existing Secretariat structure, the State government ought to have taken prior environmental clearance from the concerned regulatory authority, before raising of the new construction, Counsel for the petitioner added.

Chief Justice Chauhan pointed out that as per the Environmental Protection Rules, the State government needs to take prior permission to flatten the land. In the absence of such permission, rules won't permit you to clear the land, without environmental clearances, the State Government cannot touch the land and queried from the Advocate General that whether the State Government ever went before the State Environmental Assessment Authority or not?

Advocate General Banda Shivananda Prasad informed the Bench that prior environmental clearances at this point of time are absolutely not tenable. The state has taken proper permission from the GHMC to demolish the Secretariat buildings and also submitted a Waste Management Plan. As requisite permissions have been obtained, let the State Government be permitted to go ahead with the demolition of the Secretariat because most of the blocks are in a precarious and dilapidated condition, AG said.

Moreover, Advocate General informed the Bench that there is no need for the State to take environmental clearances for demolition, rather such clearances are required only when the construction of the new iconic building commences. The word construction activity and preparation of the land will have to be read in conjunction.

Therefore, preparation of the land means the commencement of the construction by digging the foundation of the existing building, preparations of the land does not mean the demolition of the standing structures or clearing the land for the purpose of raising a future construction, AG pointed out.

The CJ bench opined that Just because, the State Government has commenced the demolition of the buildings, it cannot be permitted to go ahead in the absence of requisite permissions under the environmental laws. The very activity of the word demolition would fall within the word "Preparation of the Land" and demolition cannot be carried out by the Government until and unless they acquire a prior environmental clearance certificate issued by the concerned authority. Prior environmental clearances are necessary, then only the Government should be permitted to prepare the land for raising the future constructions for new Secretariat, the bench added.

Chief Justice Chauhan pointed out Advocate General Banda Shivananda Prasad that If you wish to buttress your contention that the word Preparation of the land is interpreted as actual digging of the land, then place judgments supporting your contentions by the next date of hearing.

For further hearing, the Chief Justice Bench adjourned the plea to 16-07-2020.