HYDRAA Commissioner Summoned for Alleged Violation of Court Orders
Hyderabad:Justice K. Lakshman summoned the HYDRAA commissioner and others for alleged violation of court orders and demolishing the structures at Sri Krishnanagar, Kistareddypet, in Ameenpur mandal. The judge was dealing with a writ plea filed by Mohammed Rafi and another.
The petitioners said they were lawful owners of the property and construction was carried out after obtaining building permission from the authorities. The petitioner contended that the construction was done strictly in accordance with the building permit order and within the timelines, and that there was no violation of the building permission.
Rafi alleged that when authorities attempted to threaten and interfere with the possession of petitioners, a saga of writ petitions was filed. The petitioner contended that when one of the writ petitions came up for adjudication, the GHMC standing counsel stated that the authorities had never visited the subject property nor instructed anyone to demolish the same. However, HYDRAA would follow the procedure laid down under government order issued on July 19.
The court also considered earlier interim orders wherein HYDRAA was directed not to interfere with the ongoing construction of the petitioners without following due process of law.
The petitioner alleged that the Kistareddypet gram panchayat cancelled the permission, which was subsequently challenged in a separate writ petition. As an interim direction, the court suspended the gram panchayat notice.
Rafi stated that another notice was issued stating that petitioner had constructed the building unauthorisedly on government land. An explanation was rendered to the notice.
The petitioner alleged that without considering the explanation, the tahsildar passed a speaking order. The authorities came to the property on 7.30 am on Sunday along with bulldozers and more than 50 people and demolished the structure illegally after throwing out the belongings of the petitioners. This, petitioner Rafi said, was in the teeth of the interim orders granted earlier by the court.
Counsel for HYDRAA contended that the authority had received a letter from the tahsildar with a request to provide men and machinery to demolish the illegal constructions identified in Survey No. 164, Kistareddypet. In the interest of the government, and as HYDRAA is a nodal agency to protect government assets, as per paragraph 7.1 of the July 19 GO, the agency provided men and machinery for removing unauthorised encroachments and structures on government land.
The judge said the action was in violation of the earlier court order and required an explanation from the tahsildar, Ameenpur mandal and the HYDRAA commissioner and posted the matter to September 30 for them to appear either physically or virtually.
