Hyderabad: The Telangana High Court issued notices to the state government, HYDRAA and other authorities directing them to file contentions in a petition challenging the delegation of essential statutory functions to HYDRAA through GO Ms. No 99 under Article 162.
Justice K. Lakshman was dealing with a petition filed by D. Lakshmi from Aliapur village in Ameenpur mandal. He challenged GO 99, which was issued by the state government for establishing Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) for TCUR (Telangana Core Urban Region) for the purpose of disaster management and asset protection.
Senior counsel Dr. J. Vijayalakshmi, appearing for the petitioner, submitted that GO No 99 was issued under the executive powers of Article 162 of the constitution whereas the state’s executive power is subject to the provisions of the constitution. When the Legislature starts framing laws, the state cannot adopt executive orders for establishing HYDRAA like unbridled bodies. Further, the counsel argued that executive action must align with the statutory provisions.
Vijayalakshmi also argued that the GO is empowering HYDRAA with GHMC’s powers, despite the field covered by the GHMC Act, which does not permit the government to delegate its statutory powers to another authority.
During the hearing, the court criticised HYDRAA for the uncertainty in its functioning and observed that HYDRAA is working differently as regards its duties towards asset protection and disaster management.
Considering the submissions, the High Court directed the state government, HYDRAA and others to file their contentions by September 30.
