Telangana HC Orders HYDRAA to Remove Narsingi Fencing

Hyderabad: The Telangana High Court on Wednesday directed HYDRAA to remove within 48 hours the fencing erected around 1,608 square yards of land in Narsingi, after the agency demolished a compound wall constructed by private claimants. The land is stated to be valued at around Rs 60 crore.

The Court, however, permitted the notice board installed by HYDRAA claiming the land as government property to remain in place.

Justice N.V. Shravan Kumar faulted HYDRAA for demolishing the compound wall and fencing the property while the title dispute was pending before a civil court. The Court questioned the authority of the agency to determine ownership and asked how it had arrived at a conclusion regarding title.

HYDRAA had earlier stated that it had reclaimed about 1,600 square yards in Arunodaya Housing Society, a Huda layout in Narsingi municipality, alleging encroachment by a local resident. Gorla Rahul Yadav and others approached the High Court alleging that HYDRAA had demolished the compound wall, fenced the disputed land and erected a board stating that the property was protected by the agency and that trespassers would be prosecuted.

During the hearing, HYDRAA contended that it had authority to act on written or oral complaints regarding encroachments on public land without prior approval from the municipal administration department, and that it could fence properties and install boards.

The Court held that even in cases of alleged encroachment, authorities must follow due process of law. It observed that under the Telangana Land Encroachment Act, 1905, prior notice is required before taking action against occupants. Similarly, under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, eviction must follow statutory procedure and principles of natural justice.

While noting HYDRAA’s objective of preventing encroachments, the Court said the agency must verify revenue records and issue notice to affected parties before fencing disputed land. It directed HYDRAA to be prepared with supporting documents before taking action on government or public lands.

The Court was informed that the petitioners had obtained a decree in a title suit in their favour and that an application to condone delay in the same matter is pending before the Additional District Court, Ranga Reddy.