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Wril in HC seeking direction to HYDRA not to demolish KTR's farmhouse in Janwada
The Telangana High Court’s single bench of Justice Kunuru Lakshman on Wednesday directed the Hyderabad Disaster Response and Assets Monitoring and Protection (HYDRA) to follow due procedure of law before demolishing illegal structures.
Hyderabad: The Telangana High Court’s single bench of Justice Kunuru Lakshman on Wednesday directed the Hyderabad Disaster Response and Assets Monitoring and Protection (HYDRA) to follow due procedure of law before demolishing illegal structures.
HYDRA has to check each and every document pertaining to the structure, which it intends to demolish viz., sale deed, permission obtained from competent authority (panchayat, municipality, GHMC), payment of receipts of electricity.
The judge directed Additional Advocate-General Imran Khan to produce either the preliminary notification or final notification earmarking properties located within the FTL; directed him to furnish the number of buildings demolished by HYDRA under GHMC and municipalities since it was established and kept the writ petition pending for further adjudication.
The judge, while turning towards Khan said “I am very serious on this matter…. HYDRA officials cannot go and demolish the illegal structures just like that… they have to follow due procedure of law”. He questioned the AAG to inform the court under which provision of law, HYDRA will demolish illegal structures… will the HYDRA issue notice to the land-owners, prior to the demolition.
In response, Khan informed that HYDRA will not issue notices, rather the GHMC or the municipality will issue notices asking them to furnish documents pertaining to the property, which HYDRA intends to demolish.
The judge was adjudicating the writ filed by B Pradeep Reddy, a businessman from Jubilee Hills, seeking a direction to the Irrigation and Command Area officials and HYDRA not to demolish the farmhouse (reportedly belonging to K Tarakarama Rao), BRS working president.
The farmhouse comprises of ground floor, plus first floor, built on an area of 3,895.12 square feet (1,210 square yards), located in survey no. 311/7, Janwada village,, Shankarpally mandal, Ranga Reddy district.
During the hearing, prior to lunch recess, Justice Lakshman expressed serious concern over the action of HYDRA in demolishing structures without following due procedure of law and observed “one citizen, who is a bona fide purchaser of a property approaches the sub-registrar and gets his property registered, based on which he will approach the local authority and obtains permission.. after the local authority collects conversion charges and accords permission for construction of the building… later, after 20 years, you (HYDRA) come and say that your property is within FTL… one department registers the property and accords permission for construction and another department of the State says that your property is within FTL and needs to be demolished” “is it proper on the part of the State… the Judiciary, Executive and Legislature are the three wings, which have to instil confidence amongst people.. by the action of HYDRA, people are losing confidence in the system”. He observed that HYDRA, while demolishing the illegal structures should NOT show any discrimination towards the owner of the property. If the land-owners own 60 square yards or 60 acres of land, the approach of HYDRA should be the same towards them.
Justice Lakshman directed AAG to furnish certain details on HYDRA, its legal status, how it was constituted, its powers and activities, produce either the preliminary notification or final notification earmarking properties located within the FTL. Khan informed that the petitioner approached the court at a premature stage and prayed the court not to pass any interim order in the issue as newspapers will report elaborately on it. HYDRA is doing good work as it has been entrusted the work of asset protection in the urban local bodies in the State and GHMC limits by demolishing all illegal structures raised within FTL of lakes, thereby destroying our lakes. If the court passes any interim order, this good work, being done by HYDRA will come to a standstill.
He prayed the court to dispose of the writ by passing a final order. HYDRA has got the power to remove all illegal structures in coordination with the GHMC. Khan said the farmhouse property falls within GO111 which prohibits constructions.
