GHMC told to return seized community hall

Petitioner says civic body held land illegally

Update: 2015-02-08 06:49 GMT
Hyderabad High Court
HyderabadThe Hyderabad High Court found fault with the Greater Hyderabad Municipal Corporation for forcibly taking possession of a community hall belonging to Arul Colony Christian Welfare Society in Kapra area of the city.
 
The society challenged the civic body for taking possession of the hall on the ground that it has not being used for the purpose for which it was built. According to the petitioner, the Hyderabad Archdiocese Social Service Society had developed Arul Colony on 15 acres and a certain piece of land was earmarked for the community hall and the hall was build on the site  with two rooms and shed, senior citizen room, welfare association hall and gardener’s room.
 
The GHMC Zonal  Commissioner issued proceedings taking possession of the hall in 2013 and the order was approved by the Commissioner in February, 2014, contending that as per the GHMC Act it was empowered to take possession of open space and construction therein in case deviation of its use.
 
Justice M.S. Ramachandra Rao, after perusing the case, held that it cannot be sustained that the Community Hall along with appurtenant land would continue to vest with the GHMC and the civic body would continue to manage the same.
 
The judge said, “I am also of the opinion that the GHMC cannot justify the sealing of the premises under Section 461-A of the Act either since the said provision authorises the commissioner of GHMC to do so   only if the construction in question is unlawful, and such is not the case here.” 
 
While directing the GHMC to handover possession to the society immediate effect, the judge directed the GHMC shall also get electricity service connection restored to the above premises by paying all dues, penalty and charges from its funds.
 
The court permitted the petitioner society to file a civil suit against the corporation for refund of the revenue generated from the  said premises from September 10, 2011. While slapping Rs 5,000 fine on the GHMC for the illegality, the judge  granted liberty is given to zonal commissioner to approach a Civil  Court and get its claim for entitlement to manage the Community Hall.
 
PIL seeks ban on mantris campaign:
 
A PIL was filed in the Hyderabad High Court seeking to declare the participation of Union and state ministers in political campaigns during elections as illegal. Mr Dayanand, an advocate from the city moved the plea contending that the ministers of Union Cabinet and the state Cabinet, being public servants, cannot campaign in any elections for their respective parties as it was against the democratic spirit of the Constitution and the model code under the Representation of the People Act.
 
He urged the Court to declare all public servants, including ministers, ineligible to continue in their respective posts, and also be disqualified if they participate in any future elections. He said that the Election Commission had not taken any action despite all Union Cabinet ministers taking part in the campaign for their respective party in Delhi elections. He submitted that participation of ministers in electioneering and use of official machinery is nothing, but enticing the public to vote for one party. 
 
Rules framed for gender committee:
 
The common High Court for Telangana  and Andhra Pradesh has notified the rules and regulations to operationalise the Gender Sensitisation and Internal Complaints Committee (GSICC) constituted in the High Court. 
 
According to the notification, the High Court GSICC is constituted to fulfil a very important public function of sensitising the public to gender issues and address any complaints made with regard to sexual harassment in the HC precincts.
 
The notification said that the Chief Justice shall, by an order in writing, constitute the GSICC which shall consist of not less than seven members and not more than 13 members and shall include one or two judges of the HC. 
 
Plea to control Gadwal pollution:
 
G. Padmavathi, chairperson of Gadwal municipality and three others of Mahbubnagar moved a PIL before the Hyderabad High Court seeking action against various private cotton ginning and seed processing units running without permission in and around the Gadwal town and mandal.
 
They submitted that these units have been using hazardous, toxic and corrosive sulfuric acid causing water and air pollution in the surrounding areas and the authorities concerned failed to take action against such units.
 
They said 18 cotton ginning and seed processing units are functioning illegally in violation of various statutes such as Environmental Protection Act, Factories Act and Poison Act.
 
They urged the court to direct the authorities to initiate action against the units which have been polluting water and destroying fertile lands of Gadwal area and its surrounding villages. 

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