Hyderabad: Justice A. Rajasheker Reddy of the Hyderabad High Court on Monday dismissed a petition challenging the TS government’s sada bainama (plain papers) scheme regularising land transactions on plain paper for less than five acres in rural areas of the state in which poor small and marginal farmers are involved. The judge was dealing with a plea by Vattam Upender of Warangal seeking to declare GO Ms No. 153, issued on June 3, 2016, allowing registration of lands under the Sada Bainama scheme in the state under Rule of 22(2) of AP Rights in Land and Pattadar Pass Books Rules, 1989 R/w Sec. 5 (A) of the AP Rights in Land and Pattadar Pass Books Act, 1971 as a special case with the cut-off date of transfer as June 2, 2014, as illegal.
The petitioner contended that not deleting the scheduled areas from the purview of the proposed scheme was against the Constitution and the government has no power to introduce such a scheme. C.V. Bhaskar Reddy, counsel for the TS revenue department said that under Section 5 (A) of the AP Rights in Land and Pattadar Pass Books Act, 1971, there was already an exemption to the scheduled areas besides lands located in cities, urban areas and nagar panchayats.
He contended that cause of action survived in the petition and urged the court not to grant any interim order but to dismiss the plea. Considering Mr Reddy’s argument, the judge dismissed the plea. The Telangana state government on Monday informed the Hyderabad High Court that it has withdrawn notices issued by local tahsildar of Gattu mandal in Mahbubnagar district to evict about 1,500 farmers from their assigned lands to set up a solar plant.
A division bench, comprising Acting Chief Justice Dilip B. Bhosale and Justice P. Naveen Rao, while dealing with a Public Interest Litigation by B. Konda Reddy, an advocate, challenging the illegal eviction of about 1,500 poor agriculturists from their lands that were assigned to them several decades ago, pointed out under which authority of law the local tahsildar had resorted to issuing the eviction notices.
The district collector filed an affidavit stating that the notices were withdrawn. While disposing of the case by vacating the earlier stay, the bench told the TS government that any acquisition of land in the future should be strictly in accordance with law. The Hyderabad High Court on Monday sought an explanation from the authorities over the alleged indiscriminate felling of trees in KBR Park for construction of a multi-layer flyover at Jubilee Hills, as part of the Strategic Road Development Project.
A division bench comprising Acting Chief Justice Dilip B. Bhosale and Justice P, Naveen Rao was dealing with a petition by Dr. K Purshotham Reddy, an environmental activist of the city, who urged the court to declare the granting of permission for the felling of trees under the ‘Ease of doing business’ initiative of the TS government, as illegal and arbitrary. Counsel for the petitioner brought to the notice of the court that the authorities have so far cut 2,390 trees, including some inside the park, which was endangering rare bird species nesting there.
When the bench sought to know the alignment of the flyover, TS advocate-general K. Ramakrishna Reddy replied that it was passing adjacent to the park. While wondering what was the need of felling trees inside the park when the flyover was passing adjacent to it, the bench observed that development of the city was very important, but it could not be at the cost of the rarest of rare parks like the KBR Park.
Reacting to the reply of the advocate-general that the government had not touched trees inside of the park, the bench asked him to suggest the a way out which will not damage the trees inside and outside of the park. When counsel for the petitioner pleaded for an interim order, the bench said that in view of status quo granted by the National Green Tribunal on the issue, it would not be proper for the High Court to grant one. The bench told the petitioner to approach the HC whenever he finds any violation of the National Green Tribunal order. The case was posted to four weeks later.
Bypoll cases on KCR quashed:
A division bench comprising Justice V. Ramasubramanian and Justice A. Shankar Narayana of the Hyderabad High Court on Monday allowed a petition by Telangana state Chief Minister K. Chandrasekhar Rao, seeking to quash all criminal cases registered at Karimnagar with regard to the Karimnagar Lok Sabha byelection in 2008.
Mr Rao moved the petition in 2009, stating that the police registered cases against him alleging that he violated the election code of conduct and prohibitory orders imposed during the poll campaign.
Gandra Mohan Rao, counsel appearing for the TRS president, argued that most of the cases were based on the complaints from election officers and police officers and none of them had substantial evidence or proof to prove the alleged offences against the petitioner.
The bench perused the records and found that there was no substantial ground to try the offences against the petitioner and quashed all the FIRs.
