Hyderabad:The Telangana High Court on Saturday issued Status quo orders directing the HYDRAA, GHMC, irrigation department and other government agencies to not go further on the land of Survey No.s 291/1, 11/2, 11/3 and 11/36, totalling 27,063 square metres, in Khanamet of Serilingampally mandal.
The court directed officials to not go ahead with demolitions and restrained the owners of N-Convention from constructing any wall or compound wall in the land and adjourned the hearing by two weeks.
The orders were passed by Justice Tadakamalla Vinod Kumar after hearing a house motion petition moved by Nalla Preetam Reddy, lessee of the N-Convention from its owner Nagarjuna Akkineni, and the state government, after HYDRAA staff demolished the establishment stating that it was built in the full tank level (FTL) and buffer zone of Tummidikunta Cheruvu.
Senior counsel P. Sriraghuram, representing Preetham Reddy, said the officials had not given any time to his clients to explain the case. They served notices dated August 8 at 9.04 am on August 24 and immediately started demolition.
He said the claim of the officials that the FTL and buffer zone of the lake had been fixed was false and produced the court orders, in which the court had noted that the submissions of the then Advocate General in 2014 that no FTL was fixed for the lake
He said the lake was surveyed at the instance of the suo motu action of the special court under the landgrabbing prohibition Act and a report was submitted by the joint collector which was recorded on 24.02.2014. As per the report, the lake was situated on 20 acres and seven guntas of which two acres had been alienated to the tourism department. It was resumed and the tank was without any encroachment.
Counsel submitted that since the property was situated in Ayyappa Society, layout regular permission and assessment were not being made. Therefore, they filed an application before the GHMC under GO Ms. No. 901 dt.31.12.2007 for penalisation and regularisation of the construction and it has been rejected on 24.07.2021. Subsequently, the petitioner filed an appeal to the government which ordered status quo on 07.08.2021.
Additional Advocate General Tera Rajanikanth Reddy argued that N-Convention was one of the unauthorised structures. In 2014 HMDA issued the preliminary notification for Tummidikunta lake in respect of the FTL and buffer zone. In 2016 the final notification was issued. After issuing the preliminary notification in 2014, N-Convention approached the High Court which directed that due process of law should be followed in the respect of determination of FTL.
Accordingly an FTL survey was conducted in the presence of the petitioner and a survey report was communicated to them. N-Convention approached the Miyapur Asdditional District Judge Court on the survey report in 2017. This case is pending.
Rajanikanth Reddy said there was no stay order from any court. He said N-Convention had been manipulating the systems and process.
He said N-Convention had encroached on an acre and 12 guntas of the FTL and two acres and 18 guntas in buffer zone and raised unauthorised structures. The GHMC had not given any building permission; N-Convention’s attempt to regularise the construction had been rejected.
