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HC pulls up Telangana for land auction; to review PILs

HC was dealing with a petition filed in 2007 by Dr Jeevananda Reddy, an activist, over the inaction of officials to violation of GO 111

HYDERABAD: The Telangana High Court on Monday decided to review all PILs challenging the recent auction of 49 acres of land in Kokapet, which fetched the government about Rs 2,000 crore. The court was not inclined to interfere in the auction earlier.

But, with the government giving permission to construct high-rise buildings and other structures in Vattinagulapally and Kokapet, both adjacent to Osmansagar and Himayatsagar, a division bench comprising Chief Justice Hima Kohli and Justice B. Vijaysen Reddy wanted to look into the issue and decided to hear the petitions filed related to GO 111 — the government order that protects the two lakes — and PILs challenging the auction of Kokapet lands.

The bench directed the High Court registry to post these two cases for hearing on August 18.

The bench was dealing with a petition filed in 2007 by Dr Jeevananda Reddy, an activist, over the inaction of officials to violation of GO 111. Some other petitions were filed by private parties who did not get permission to build in Survey No.s 234, 235, 236 of Vattinagulapally village citing GO 111.

Jeevananda Reddy’s contention was that if individuals survey numbers were exempted, then the very purpose of GO 111 would be defeated. Moreover, the National Green Tribunal had issued an order not to allow any construction in the land mentioned in GO 111.

On December 7, 2016, the government constituted a high-power committee to comprehensively review the policy towards GO 111. It was constituted with public representatives, individuals and others seeking to reduce the jurisdiction of GO 111, from 10 km of the catchment area to 500 metres. It has not filed its report yet.

The delay was questioned by the High Court on August 8, 2021. The bench ordered the government to place the minutes of the 28 meetings convened by the committee — the figure was supplied by the government. Justice Kohli cautioned that the court would dismantle the committee, as it had not accomplished its task.

The government on Monday did not submit the minutes and sought some more time. Mukhul Rohatgi, senior counsel and former Attorney General of India, representing the state government, submitted that due to the delay of the NGRI and TERI, which are members of the high-power committee, the report could not be submitted.

The bench pointed out varied contentions that if the constructions were allowed on the applicants’ land in Vattinagulapally, high-rise buildings would come up in 600 acres out 948 acres under GO 111, and it would cause flooding of sewerage and stormwater into Kokapet lake and further to Himayatsagar.

Chief Justice Kohli asked how the government had allowed high-rise buildings in Kokapet and how it had auctioned land recently for the purpose. “Won’t the stormwater and sewerage of these constructions affect Kokapet lake? Didn’t this concern occur to you (government) while auctioning the 49 acres of land? Wake up and smell the coffee, we have serious reservations on this and we want to review the PILs filed challenging the auction of the land. For the funds, you auction the land without any botheration,” the Chief Justice observed and cautioned that the court would issue reverse orders on auction of Kokapet lands.

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