Telangana HC orders demolition of commercial complex on parkland in Begumpet

Hyderabad: A two-judge bench of the Telangana High Court on Wednesday directed the demolition of a multi-storied commercial complex built on a land parcel earmarked for a park at the Begumpet Junction, leading to the Airlines Colony.

The bench granted 90 days to the appellant to demolish the three-storied structure, under the supervision of an expert body to function under a person nominated for the said purpose by the HMDA.

The bench was dealing with two writ petitions filed successfully by P. Venkateswarlu and another, complaining that a multi-storied complex was constructed by P. Ravi Kumar and M.F. Peter, without proper permissions. In 1974, about 15 acres in Begumpet were acquired to construct a housing colony for the staff of Indian Airlines.

The land in question was a parcel of the same, which was earmarked for a park in the Indian Airlines Employees Housing Board Colony. The permission for construction was subject to verification of whether the land was parkland.

Earlier, the additional chief judge of the City Civil Court conducted an inquiry and submitted a report that the site in dispute was initially earmarked for a park, but later the housing board revised the layout. The matter went to the Supreme Court and was remanded for fresh consideration by the High Court.

The petitioners would contend successfully that the land in question was earmarked for a park and the aforesaid construction was in contravention of the layout norm. The civic authorities echoed the stance of the petitioner.

Speaking for the bench, Chief Justice Alok Aradhe referred to the various enactments governing the subject. The bench echoed a judgment from the Supreme Court of America talking about discouraging the premature and unnecessary conversion of open space land to urban usage.

“Protection of the environment, open spaces for the creation of fresh air, playgrounds for children, promenade for residents are matters of great public concern and of vital interest to be taken care of in a development scheme,” the bench said.

It added, “Reservation of open spaces for parks and playgrounds is universally recognised as a legitimate exercise of statutory power to protect residents of locality from ill-effects of urbanisation.”

The bench read the doctrine of public trust and said: “The Public Trust Doctrine grown from Article 21 of the Constitution of India applies to public properties. The court will look at considerable scepticism upon any conduct which is calculated either to reallocate the resources to more restricted uses or to subject public uses to the self-interest of private parties.”

After recording a categorical finding that the land in question was earmarked for a park, the court ruled that it is axiomatic that the construction of a shopping complex cannot be permitted in the said area. “The need to establish and maintain parks in the city of Hyderabad and Secunderabad does not need any emphasis,” the bench said.

The bench concluded that the parkland was utilised in violation of its primary use, as indicated in the layout development plan. “The Hyderabad Development Authority has failed to discharge its statutory obligation to stop the unauthorised development at the initial stage and thereafter, have derelicted their statutory duties in not imposing any penalty or demolition of the unauthorised construction, namely shopping complex,” the Chief Justice said.

Respondents P. Ravi Kumar and M.F. Peter were directed to carry out demolition at their own cost and under the supervision of the state housing board and the HMDA.