With 6,000 cases in court, Hyderabad looks to Bengaluru-model demolition

Hyderabad: While 6,000 cases pertaining to the GHMC — mostly building permissions, violations and unauthorised constructions — are pending in various courts, the proposed Bengaluru model demolition drive is likely to face legal hurdles.

City minister Mr Talasani Srinivas Yadav, who visited the flood-affected areas on Friday, blamed legalities that were stalling removal of encroachments on nalas and on lake beds.

Municipal minister K.T. Rama Rao has said the GHMC will try to follow the Bruhat Bangalore Mahanagara Palike (BBMP) model to conduct massive demolitions. He added that using legal assistance, the GHMC would raze all encroachments on nalas and lake beds.

GHMC commissioner Mr B. Janardhan Reddy said, “It seems in Bengaluru, around 800 structures were taken down after recent flooding. We are trying to work on this model so that we can identify priority structures.”

Mr Reddy said a meeting was held with additional advocate general J. Ramachandra Rao and standing counsel Mr P. Keshava Rao to discuss legal impediments. Owners and builders of unauthorised constructions approach civil courts to get status quo orders as the High Court is not entertaining them. High Court advocate Mr Challa Damodar Reddy said, “There is collusion between GHMC officials and violators. The officials advise the parties to approach civil courts to get status quo orders. But after getting the status quo orders, individuals and builders continue to construct. GHMC officials won’t take any action stating that the matter is in court.”

A government counsel on condition of anonymity said, “GHMC officials have to be blamed largely for procedural lapses too. They issue notices for buildings with permissions calling them illegal structures. Actually, these cases would be of deviations from plans. Officials fail to specify the area and actual deviations. This helps the owners of illegal constructions.”

According to rules, GHMC must first mark deviations. Three notices have to be given:
A notice under section 452 (1) of the GHMC Act, directs the person to produce documents within seven days
A second notice under Section 461 (1) of GHMC Act stops work immediately
A third notice under Section 461 (1) orders removal within 24 hours