Telangana HC Halts Village Evictions, Protects Chiryala Residents' Homes

Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court on Tuesday directed government authorities to maintain status quo with regard to the eviction of the residents of Chiryala. The judge was dealing with a writ petition filed by owners of plots situated at Chiryala, Keesara mandal, complaining about the action of the panchayat secretary in issuing notice directing them to demolish their structures. Counsel for the petitioner, M.A.K. Mukheed, contended that petitioners had proceeded with the construction after obtaining permission from the gram panchayat. He contended that the law required prior notice to be issued before a final order of eviction is passed. Earlier in the day, though the matter was not scheduled, counsel Mukheed sought permission from the court to hear the matter on priority.

Quash petition in Atrocities Act: HC orders notice

Hyderabad: Justice Anupama Chakravarthy of the Telangana High Court ordered notice in quash proceedings complaining of negligence by an advocate. Ponuganti Sunitha filed a petition that she was being proceeded with under the SC/ST (Prevention of Atrocities) Act, 1989 because of the negligence of the advocate. She complained that complaints lodged by her against the complainant were not acted upon while a complaint under the SC/ST (PoA) Act falsely lodged against her was taken on file.

RTC right to mutation upheld

Hyderabad: A two-judge bench of the Telangana High Court asked the owners of the land on which the Kataram bus station is housed in Jayashankar Bhupalpally district to approach the civil court for relief against the TSRTC. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was hearing a writ appeal filed by Boora Nanda Gopal and Nanda Kishore challenging an order of a single judge. The TSRTC had claimed possession of about one acre of land, received via an unregistered gift deed four decades ago. It made an application for mutation of the land but the tahsildar and a special tribunal dismissed it. They said that since the title was in dispute, the RTC must get a clear title through a civil suit. The RTC appealed and a single judge directed the private parties to approach the civil court. The division bench upheld the view of the single judge.

TS Power Generation Corporation was relegated to NGT

Hyderabad: The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar asked the government to approach the National Green Tribunal (NGT) for executing an order relating to clearances for thermal power plant. In 2017, the clearance given to the plant was challenged by Samata and another. The NGT ruled in favour of the power generating firm. The TS Power Generation Corporation (TSGenco) filed the writ petition complaining of delay by the Centre in granting clearances. The court closely questioned additional advocate-general J. Ramachandra Rao on the maintainability of the petition. It pointedly asked him how a writ petition was maintainable for executing an order of the NGT. “Are we to execute orders of the NGT,” Chief Justice Aradhe asked. Deputy Solicitor General of India G. Praveen Kumar said that Section 25 of the NGT Act empowered the tribunal to execute its orders.

HC allows land acquisition appeals

Hyderabad: The Telangana High Court partly allowed a writ appeal filed by the government questioning an order of a single judge who required it to initiate land acquisition proceedings for approximately 1.5 acres in Veligipur village of Karimnagar district. The single judge had earlier allowed a writ plea filed by G. Ramesh complaining that the land was acquired for an underground tunnel of Pranahita-Chevella Sujala Sravanth Project, but no compensation has been paid. The government said that the land was not suitable and issued a proposal for withdrawal from the acquisition process. The single judge allowed the writ petition and imposed costs of '50,000. A bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar noted that the land was acquired by the government in 2012 and redelivered in 2019. The Chief Justice reasoned that once the land had been redelivered, the government cannot be directed to initiate acquisition proceedings. The bench noted that there were borewells dug and a generator fixed by the government which affected the effective use of the land. The bench said that the writ petitioner was entitled to the damages in accordance with the law.