Hyderabad: Justice N.V. Shravan Kumar of the Telangana High Court lamented on August 5, 2024 that despite several directions of the constitutional courts, forest offenses continue aplenty. He stressed that ‘the material resources, especially forests, have to be maintained delicately for the purpose of ecological balance and the forests are to be protected for a proper and healthy environment which enables people to enjoy quality of life which is essence of Article 21 of the Constitution of India.’ The judge took cognizance of the fact that ‘though several directions were issued, and the offenses are checked, yet the forest offenses are committed either by small time offenders or companies involved In mega projects and in view of the same, several trees of the forest areas have been either cut down or the forest lands are ploughed illegally. In cases of forest offenses leading to deforestation, the judge made clear that a considerable number of trees in proportionate to the area damaged, i.e., forest land illegally ploughed or involved in any forest offence including cutting of trees. The judge was dealing with a writ filed by Made Mallesh who challenged the authorities in not releasing his tractor seized on July 1, 2024. The petitioner was accused of illegal trespass, clearing forest bush wood growth and ploughing for grabbing of forest land in Kushnepally Range. Petitioner was charged for offences under the Telangana Forest Act, 1967 in attempting to encroach the forest land and grab the forest land situated adjacent to their village and by forming teams, laying the plans to grab the forest land and for bringing pressure on the forest and wildlife. In addition to the usual conditions for furnishing bond for a sum of Rs 50,000/- with two sureties and undertakings that the petitioner shall not alienate, encumber or transfer the tractor in question, the judge also directed the petitioner to plant 200 trees at a rate of 100 plantations per acre in the Kushnepally Range, covering a total area of two acres. The forest officials were directed to supply saplings of plants in the implementation of this order.
HC defers hearing on building in Abids
Justice T. Vinod Kumar of the Telangana High Court deferred hearing of a writ plea alleging inaction on authorities in taking action against unauthorised construction at Chirag Ali Lane, Abids, Hyderabad. The judge was dealing with a writ plea filed by Sameer Ahmed Khan challenging the inaction in disposing the representation made by him on April 15 seeking to with regards to the unauthorised construction of cellar plus ground plus five upper floor and penthouse. Counsel for the petitioner, L. Ram Singh argued that the construction was made without any valid permission from the authorities. Counsel representing GHMC submitted that notices were issued to the concerned person calling upon him to submit relevant documents, such as ownership documents, sanction copy, BPS copy, if any, within seven days. He would further state that authorities issued show cause notice to 25 occupants of the subject building. Today, it was brought to the notice of the court that further action will be taken by following due process of law and by considering the explanations, if any, submitted by the said 25 occupiers/owners of the subject building. The judge accordingly granted three weeks’ time to inform the court of the further action taken in the matter.
HC direction to TG Bar Council counsel
Justice B. Vijaysen Reddy of Telangana High Court directed the standing counsel for the Telangana Bar Council to appear in a writ plea challenging mandatory enrolment in the bar association by the Bar Council of India. (BCI) The judge was hearing a writ plea filed by Vijay Gopal, an advocate contending that the actions the BCI in mandating a lawyer to become part of a Bar Association after enrolment is ultra vires the Indian Constitution. The petitioner argued that choosing to become a member of a Bar Association or not is a fundamental right of a citizen and cannot be imposed upon by the respondent. The petitioner sought for a direction to BCI to issue a circular or notification to all state Bar Councils in India regarding the same and submission of the compliance report in a time bound manner. The judge after hearing the petitioner, directed the impleadment of the Bar Council of Telangana and posted the matter for further hearing.
Child custody question before HC
Yet again Justice Surepalli Nanda of Telangana High Court took on file a writ plea challenging the actions of the directorate of women development and child welfare department and Medipally station house officer and other authorities in forcibly taking away custody of a minor child. The judge was dealing with a writ plea filed by Perugu Chakrapani and Perugu Durgabavani. The petitioners alleged that the respondent authorities illegally and forcibly took away the custody of their adopted minor daughter. The petitioner alleged that the actions of the respondent authorities were illegal and in violation of the Constitution. After hearing the petitioner, the judge directed the respondent authorities to file their response.
