Hyderabad High Court suspends order to demolish tomb wall

DECCAN CHRONICLE. | S.A. ISHAQUI
Published Feb 10, 2018, 2:09 am IST
Updated Feb 10, 2018, 2:09 am IST
Archaeology wing is in dispute with a claimant over title of the land.
A single judge in March 2017 declared that the construction of wall by the department was illegal on grounds that it had failed to produce evidence to claim the title over the 3 acres.
 A single judge in March 2017 declared that the construction of wall by the department was illegal on grounds that it had failed to produce evidence to claim the title over the 3 acres.

Hyderabad: In a significant move in the ongoing dispute between private parties and the state archaeological museums department about land adjacent to the historical monument ‘Mons Raymond’s obelisk tomb’ in Asmangadh area, Hyderabad High Court suspended orders to demolish the compound wall.  

The court suspended operation of a single judge order confirming the civil court verdict to demolish the compound wall built by the museums department to protect the monument. 

 

A single judge in March 2017 declared that the construction of wall by the department was illegal on grounds that it had failed to produce evidence to claim the title over the 3 acres in which some private parties claimed ownership. 

The case was that V. Swaroopa Rani and others moved Hyderabad High Court in 2008 seeking stay on the construction of the compound wall by the state archaeological museums department and also declare its action illegal. 

The petitioners brought to the notice of the court that they had purchased 3 acres in 1966 and 1967 and the PA to the Collector, who was the competent authority to correct entries in revenue records on August 14, 1980, issued proceedings rejecting the claim of the state government. It declared the whole area of survey No.318/1 was appurtenant land to a palace known as ‘Fern Hill or Asmangadh’ and that all royal palaces were surrounded by vast open land which were not separate lands and belonged to the Nizam. 

They told the court that the proceedings were confirmed by the commissioner, survey settlement and land records, when the state government preferred a revision against the proceedings of the PA.

Based on the record, the single judge upheld the trial court order for demolition of compound wall, besides directing the department not to encroach land belonging to the petitioners. The director of the state archaeological museums moved an appeal claiming the title over the land. Advocate-General D. Prakash Reddy told the division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice K. Vijaya Lakshmi that the compound wall was built on 7.28 acres and petitioner claimed rights over 2 acres, but single judge ordered for demolition of compound wall in 3 acres.

Stating that the issue needed detailed hearing, the bench suspended the operation of order of single judge for four weeks.

Location: India, Telangana, Hyderabad




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