Legal Briefs: State asked to take steps against Muslim body

Locals call for relocating pollution-causing rice mill in residential locality

A two-judge panel of the Telangana High Court took on file a PIL with regard to pollution caused by a rice mill in a residential area. The panel, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, was dealing with a PIL filed by Muthyam Raghu. It was the case of the petitioner that there was a rice mill in a residential area at Vidyanagar colony of Ponkal village, which was causing air and sound pollution, thereby affecting the health of the locals. The petitioner sought a direction against the respondents to conduct an inquiry and relocating Laxmi rice mill. The panel, after perusing the records, ordered notices to the respondents.

Plea calls for elections to the state basketball association

Justice Nagesh Bheemapaka of the Telangana High Court admitted a writ plea challenging inaction of Sports Authority of India (SAI) and others in failing to conduct elections to the Telangana State Basketball Association (TSBA) since 2020. The judge was dealing with a writ plea filed by A. Prudhvishwar Reddy, a sportsman, alleging that the TSBA had not held elections for a new general body, which was tantamount to violation of the National Sports Development Code of India. The petitioner argued that this omission was arbitrary and unconstitutional. The petitioner sought a direction to conduct the elections under the supervision of a retired judge of the High Court. The petitioner also sought a direction for appointment of a returning officer to oversee, approve, and announce the election results, with each step of the process documented. The judge ordered notices to the respondents.

HC sets aside HMDA’s rejection order

Justice K. Lakshman of the Telangana High Court set aside the rejection order issued by the Hyderabad Metropolitan Development Authority (HMDA) concerning a building permit application for construction of a commercial building near Hakimpet airport. The judge was dealing with a writ petition filed by Kailas Srinivas and three others, who own two plots situated in Thumkunta, Shameerpet mandal. The petitioners applied for permission to construct a commercial building, comprising one stilt and four upper floors ,on their property, which spans 396.27 square metres. The application was filed under TS-bPASS, the Telangana State Building Permission Approval and Self-Certification System, in October 2024. According to TS-bPASS regulations, the application was to be processed within 21 days. Despite the petitioners’ compliance with initial requirements, the HMDA issued a shortfall notice outlining deficiencies like not having an NOC from the Hakimpet airport authority, corrections in the building design for residential purposes, and adjustments to the application form. The petitioners responded to the notice addressing each issue in detail. They argued that the site was more than two km from Hakimpet airport and it did not require an NOC. They stated that the land had been regularised and was earmarked for commercial use as per the Hyderabad master plan. Despite the clarifications provided, the HMDA rejected the application without referring to the petitioners’ explanations. The judge, after reviewing the case, found that HMDA had not considered the petitioners explanations or given them a proper hearing. The judge ruled that the rejection order was issued in contravention of the principles of natural justice. The judge remanded the matter back to the HMDA with directions to reconsider the petitioners’ application and explanations. The judge also instructed HMDA to complete the process within four weeks, ensuring that the petitioners are given an opportunity to present their case fully. If the authority still decides to reject the application, it must provide reasons for its decision.