HC asks civic body chiefs to abide by Municipalities Act
Court tells officials to obey due process before demolition of unapproved constructions
HYDERABAD: The Telangana High Court issued orders to the principal secretary of municipal administration Arvind Kumar to direct commissioners and authorities of municipalities and corporations to obey the due process prescribed in the Telangana Municipalities Act 2019, before removal or demolition of unapproved constructions.
The court also directed that remarks should be made in the service register against those who did not follow the procedure.
Justice Kanneganti Lalitha was dealing with a petition filed by Santhoshi, a resident of Mythri Homes at IDA Bolaram, who challenged the order passed by the commissioner of Bolaram municipality. The commissioner, without issuing notice and hearing the contentions of the petitioner, passed a removal order of an unauthorised parking shed built outside of the petitioner`s residence.
The authorities also mentioned the said construction should be removed within 24 hours, otherwise the same would be removed by the municipality and expenses would be recovered. Ch. Jayakrishna, counsel for the petitioner, brought to the notice of the court about violation of rules, whereas the authorities shall give a minimum period of time to explain the reasons.
When the court questioned it, counsel for the municipality submitted as there was an order earlier from the High Court to take action on a complaint against the said illegal construction, so the commissioner had passed the removal order.
Reacting to it, Justice Lalitha perused the earlier order in which the court directed officials to dispose of the grievance or complaint reasonably. The judge observed that it was nothing but misinterpretation of court orders.
“You (municipal authorities) are reluctant to resolve the public grievances. After receiving the complaints, authorities never looked into it even after repeated requests. You are making the complainants to approach the court. When the court issues directions, you are trying to falsify the orders,” the Judge observed.
Stating that these types of experiences were faced several times in the last few days, the court directed the principal secretary of municipal administration to pass directives to follow the rules before any removal of constructions.