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Telangana HC seeks data of illegal constructions and demolitions

HC was dealing with a contempt petition seeking action against GHMC staff who had not complied with previous court orders

Hyderabad: Justice Challa Kodandaram of the Telangana High Court on Thursday asked the GHMC to collate and submit data pertaining to 30 circles of the civic body, and explain as to how many such demolitions took place.

The court noted that even after repeated instructions, the practice of people approaching civil courts and filing civil suits against municipal corporations and other civic bodies against demolition of illegal structures is continuing.

The court was dealing with a contempt petition seeking action against GHMC staff who had not complied with previous court orders against demolition of illegal constructions in Nimboligadda. In this case, over and above the permitted two floors, a builder constructed two additional floors without any civic intervention.

The GHMC submitted that civil court directions were barriers to the demolition in the case of this construction.

Taking serious note of the misuse of the judicial process by unscrupulous individuals with connivance of the GHMC staff, Justice Kodandaram said he wanted to peruse the five-year data in the Amberpet circle, wherein civil courts had issued ex-parte order or stay on the civic authorities stopping illegal constructions.

On perusal, it was noted that there were 189 civil suits in relation to that circle, in which orders had been obtained in five years; but later most of them were dismissed for default or were dismissed as the cases were not pressed.

The court said if such a practice went on, the enormity of the problem will be high and the people may come to the conclusion that they would get favourable orders through the judicial system for illegal constructions.

To seriously to deal with such a malady, Justice Kodandaram asked GHMC to collect the data related to 30 circles and place them before the division bench headed by the Chief Justice for further action. This, as the division bench is already seized of the matter of illegal constructions in the twin cities.

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