HC critical over injunctions in illegal construction cases

 Hyderabad: Justice T. Vinod Kumar of the Telangana High Court, dealing with two writ petitions pertaining to alleged inaction over illegal constructions, was critical about civil courts granting injunctions in cases of illegal constructions.

The writ, filed by one D. Srinivas Rao, challenged inaction by GHMC in issuing a ‘speaking order’ but failing to carry out demolitions, with regard to illegal constructions in Ayyappa Society. The other writ was filed by J. Prabhakar.

According to the petitioner, N. Raja Babu and K. Kotaiah were proceeding to make constructions on their property without the authority of law. Senior counsel L. Ravichander would point out that such inaction could reflect connivance or lethargy, both of which were impermissible.

Justice Vinod Kumar referred to a judgment of the High Court delivered by a division bench in 2008. The bench was critical of civil courts granting “status quo orders” where the GHMC passed “reasoned orders” for the demolition of illegal constructions.

In his order, Justice Vinod Kumar pointed out two circulars, issued in 2017 and 2023, by which civil courts were cautioned against passing such orders.

The court wondered why the mobile task units were not delivering results. “These are task units with no tasks,” the judge said.

Justice Vinod Kumar directed the registry to once again circulate the two stated circulars for immediate implementation by civil courts. He directed the parties of the present writ petition to move the appropriate court and have the order vacated by mentioning the stated circulars.