Hyderabad: The Telangana High Court on Friday issued notices to the state government, HYDRAA and other authorities, directing them to file their contentions by September 30 in a petition challenging the delegation of essential statutory functions to the newly-established authority through GO Ms. No. 99 under Article 162.
Justice K. Lakshman of the High Court was dealing with a petition filed by D. Lakshmi, a resident of Aliapur of Ameenpur mandal in Rangareddy district, who challenged GO 99, which issued by the state government for the establishment of the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) for the Telangana core urban region for the purpose of disaster management and asset protection.
Senior counsel Dr J. Vijayalakshmi appearing for the petitioner, submitted to the court GO 99 was issued under the executive powers of Article 162 of the Constitution. She said the state`s executive power was subject to the provisions of the Constitution. When the Legislature existed to frame laws, the state must not issue executive orders such as the one for establishing bodies HYDRAA with unbridled powers.
Senoir counsel argued that executive action must align with the statutory provisions. Vijayalakshmi also argued that the GO empowering HYDRAA with GHMC`s powers despite the field being occupied by the GHMC Act which does not permit the government to delegate its statutory powers to another authority.
During the hearing, the court criticised the HYDRAA for its functioning and observed that it was working in a different way to what it was saying was its duties about asset protection and disaster management.
