Hyderabad: The Telangana High Court on Wednesday refused to restrain the Hyderabad Disaster Response and Assets Monitoring and Protection Agency (HYDRAA) from taking punitive action against illegal constructions at the Janwada farmhouse, which is reportedly owned by BRS working president K.T. Rama Rao. However, the High Court directed the HYDRAA to follow the due procedure of law before taking action, if the structure is situated in the Full Tank Level (FTL) or buffer zones.
Justice K. Lakshman directed HYDRAA to check each and every document pertaining to the structure, which the HYDRAA intends to demolish, and give an opportunity to parties to submit their contention, before taking any action.
The judge further directed Additional Advocate General Imran Khan to produce either a preliminary notification or the final notification earmarking the property located within the FTL or buffer zones. The court also directed Imran Khan to furnish the number of buildings demolished by HYDRAA under the GHMC and municipalities since it was established and kept the writ petition pending for further adjudication.
Justice K. Lakshman had issued this order while hearing a writ petition filed by Pradeep Reddy Badvelu, the registered owner of the farmhouse.
In his petition, Pradeep Reddy said he apprehended that authorities may demolish structures at the farmhouse on the pretext of them being situated in FTL limits as he is affiliated to a rival political party. He sought a direction from the High Court to the irrigation and command officials and the HYDRAA not to interfere in his farmhouse property
The farmhouse, which is popularly known as KTR’s Janwada farmhouse, comprises of ground floor and first floor, built on an area of 3,895.12 square feet (1,210 square yards), located in Survey No. 311/7, Janwada village, Janwada gram panchayat, Shankarpally mandal, Ranga Reddy district, Telangana
Before passing the order, the High Court questioned the legal status of the HYDRAA and pointed out criticism levelled against the commissioner of the HYDRAA on showing discrimination towards some structures.
The judge observed: “A citizen, who is a bona fide purchaser of a property, approaches the sub-registrar and gets his property registered, based on which he will approach the local authority and obtain permission… After the local authority collects conversion charges and accords permission for the construction of the building… Later, after 20 years, you (HYDRAA) say that your property is within FTL… One department registers the property and accords permission for construction, and another department says that your property is within FTL and needs to be demolished”... Is it proper on the part of the state? The judiciary, executive and legislature are the three wings, which have to instil confidence amongst the people… by the action of HYDRAA, people are losing confidence in the system.”
Further, the judge observed that while demolishing the illegal structures, the HYDRAA should not show any discrimination towards the owner of the property and regardless of whether the landowner owns 60 square yards or 60 acres, the approach of the HYDRAA should be the same.
The judge also questioned under which provision of law, the HYDRAA will demolish the illegal structures… Will the HYDRAA issue notice to the land owners, prior to the demolition?
However, following the explanation by Additional Advocate General Imran Khan, the judge observed that the court is appreciative of such initiation, but the HYDRAA officials cannot go and demolish the illegal structures just like that… they have to follow the due procedure of law.
Imran Khan informed the court that the petitioner has approached this court at a pre-mature stage and prayed the court not to pass any interim order on the issue as the newspapers will report elaborately on this issue.
“HYDRAA is doing a good work by demolishing all illegal structures, which have been raised illegally within the FTL of the lakes. If the court passes any interim order, this good work, being done by HYDRAA will come to a standstill,” the Additional AG said and prayed the court to dispose of the writ petition by passing the final order.
Explaining further, he said HYDRAA has got the power to remove all illegal structures in coordination with the GHMC and the said farmhouse property falls within GO.111, which prohibits constructions. The petitioner got permission to raise structures on the said land from the sarpanch, Janwada on September 12, 2014, without there being any resolution of the Gram Panchayat.
After hearing the contentions of the Additional Advocate General, the court was not inclined to restrain the HYDRAA or state agencies from taking action against the structure, if it is found illegal and in FTL or buffer zones. However, the court directed authority to follow the due process as mentioned in GO 99 with regard to the authority of HYDRAA.
The judge kept the writ petition pending for further adjudication and gave liberty to the petitioner to approach the High Court by filing an Interim Application, if the orders of the court are violated.
