Telangana HC Raps Hydraa over demolitions

The judge came down heavily at the Tahsildar who was present physically in court, for acting in disorderly haste in demolishing the structures on a Sunday and questioned why the demolition could not have been carried out on Monday. The judge also wondered how demolition can be done despite their being a full bench order stating no demolition can be done on Sunday. The judge said, “If you do such illegal acts to please your political or executive bosses, then you will land in trouble”.

The judge also questioned the HYDRAA Commissioner, AV Ranganath as to what was the cause of undue haste in demolishing the structures.

Ranganath would point out that they are just a coordinating agency and have no role in the decision-making process, he further stated that on request of Tahsildar, Ameenpur Mandal, they provided men and machinery to protect the government lands, to which the judge asked, if Tahsildar Charminar requests you to provide men and machinery to demolish High Court for the state of Telangana on the pretext that it has encroached will you do the same? Or conduct a preliminary inquiry whether the action intended to take is appropriate or not? The judge cautioned the HYDRAA to inspect the relevant records before providing men and machinery, the judge also said, that people have lost confidence in HYDRAA for acting discriminately with them. 

AV Ranganath stated before the court that HYDRAA is strictly following its objectives and will follow due procedure of law. Justice Lakshman expressed that none of its objectives are followed except carrying out demolition, pointing out to one of the objects i.e., is traffic coordination and management, the judge said there was no instance when HYDRAA or its officers coordinated with regular traffic police for traffic management. The judge also questioned the HYDRAA commissioner, overnight can you change the city? The judge said, a government order establishing HYDRAA maybe appreciable but such illegal acts by HYDRAA cannot be tolerated. The judge after hearing the parties, directed HYDRAA and others to file its counter and posted the matter to October 15.

Justice K. Lakshman is dealing with a plea filed by Mohammed Rafi and another. It is the case of the petitioner that, they are lawful owners of the property at Sri Krishna Nagar, Kistareddypet Village and after obtaining building permissions from the authorities, construction was carried out. The petitioners would allege that Gram Panchayat, Kistareddypet, canceled the permission which was challenged in a writ petition wherein as an interim direction, the court suspended the notice issued by Gram Panchayat. The petitioner would allege that another notice was issued stating that petitioner constructed the building unauthorizedly at government land and explanation was rendered to the said notice. The petitioner would further allege that without considering the said explanation, Tahsildar passed speaking order and came to the subject property on Sunday at 7.30 A.M. along with bulldozers, JCB, with more than 50 people from authorities and demolished the entire structure illegally by throwing the belongings of the petitioners out, which was in teeth of the interim orders granted earlier by the court, the petitioner argued. Observing the same, the judge ordered appearance of Tahsildar Ameenpur Mandal, and Commissioner, HYDRAA.