Telangana High Court seeks files of illegal building near Gulzar Houz
Hyderabad: Suspecting a builder of misleading a lower court to stay GHMC’s action against unauthorised construction in protected monuments, the Telangana High Court on Tuesday ordered the 4th Junior Civil Judge of the City Civil Court to place all record pertaining to the case before it.
A division bench comprising Chief Justice Thottathil B. Radhakri-shnan and Justice A. Rajashekar Reddy was dealing with a petition filed by Om Prakash Soni seeking action against the persons who violated several laws by building illegal construction near the heritage structure in Gulzar Houz.
The case relates to an unauthorised construction by Vinay Kumar and Utkarsh Agarwal, both are the residents of Gulzar Houz, near the heritage structure.
When the GHMC tried to stop the illegal construction, the duo got a stay order from the 4th Junior Civil Judge to prevent civic officials acting agai-nst them. While the stay was in operation, the duo managed to get the unauthorised construction completed.
The Bench also find fault with the GHMC officials for not approaching the appropriate court to get the lower court’s stay vacated.
The Bench, after going through the material papers placed before it, felt it appropriate and necessary to examine the entire issue under the powers it has got under Article 226 of the Constitution of India and observed that “deceitful act of builders of illegal construction in obtaining an add interim order from the Civil Court is probably an abuse of the court proceedings and overriding the statutory rules”.
The Chief Justice directed to place before the desk, all original records including the orders in the interim applications, endorsement sheet papers, interim order papers, and every other paper pertaining to the case by Thursday.
The counsel for the petitioner said that the GHMC officials did not respond against the illegal constructions because the lower court has instructed them to not interfere in the construction.
The bench has also observed that private persons have resorted to the suppression of facts.
