Hyderabad: The Hyderabad High Court has made it clear that serving a notice on a house owner is enough and there was no provision in the law which mandates notice to tenants in case dilapidated buildings are to be demolished.
The Visakhapatnam Greater Municipal Corporation had served a notice on a building owner, directing him to demolish his house within seven days on the ground that the building was in a dilapidated condition.
However, Gottumukkala Peddi Nagaraju, a tenant, moved the High Court stating that he has been residing in the house for 15 years and the notice was in violation of the principles of natural justice and against the provisions of the Hyderabad Municipal Corporation Act, 1955.
He further alleged that with an intention to vacate him from the house the owner, in collusion with the corporation, decided to demolish the house. On February 6, Justice A. Rajasheker Reddy, while ordering status quo, directed the corporation to produce the inspection report to ascertain on what basis the notice was served.
The corporation produced the copy of the report prepared by a three-member engineers team which after the inspection of building, opined that it was in a dilapidated condition and the same is not suitable for living.
After perusing the report, the judge ruled that the proceedings of the engineers clearly showed that the building was not fit for living and that neither the court nor the petitioner can substitute the said opinion of the experts.
Dismissing the plea, the judge said no owner will be willing to demolish his house which is in a good condition for the sake of tenants. The judge said, “If the petitioner is allowed to continue in the building, it will endanger his life and hence this court cannot continue the interim order and allow the petitioner to reside on the premises.
It is in the interest of the petitioner that he vacate the building so that the same can be demolished. This court cannot interfere in the matters of this nature.”
Former judge’s plea dismissed:
Justice Anis of the Hyderabad High Court on Wednesday refused to stay further proceedings pending before the Principal Special Judge and ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, relating to the ‘cash for bail’ scam involving former Karnataka minister Gali Janardhan Reddy on a plea by Dr D. Prabhakar Rao, former district judge and one of the accused in the case.
Anti-Corruption Bureau officers had arrested Mr Prabhakar Rao in 2012 for allegedly contacting Pattabhirama Rao, the judge of the CBI court, to grant bail to Mr Janardhan Reddy in illegal mining case of Obulapuram Mining Company and had even offered money to the judge.
Mr Prabhakar Rao, who got bail in September 2012, moved an application before the special Anti-Corruption Bureau court seeking to discharge him from the case as he was nowhere connected with the offence and the charges levelled against him in the FIR were baseless.
He moved the High Court after dismissal of his discharge petition by the special court. Justice Anis was not inclined to intervene in the case at this stage as the investigation was already completed, the Anti-Corruption Bureau had filed the chargesheets against all the accused and the trial to commence.
