HC Directs HYDRAA Not To Carry Out Any Demolitions In Hyderabad, Municipal Areas
The judge faulted for repeated violations of the court orders and not having a ‘Standard Operating Procedure’ for effecting demolitions. The judge said that he has been hearing “100’s of cases” and yet to come across an SOP prepared for effecting demolitions in an GHMC
Justice B. Vijaysen Reddy of the Telangana High Court on Monday directed the HYDRAA not to carry out any demolitions in the city and the municipal areas except with regard to removal of encroachments at river bodies, nalas and public roads.
The judge faulted for repeated violations of the court orders and not having a ‘Standard Operating Procedure’ for effecting demolitions. The judge said that he has been hearing “100’s of cases” and yet to come across an SOP prepared for effecting demolitions in an GHMC.
The judge was dealing with a writ plea filed by M.A. Shareef, a 98 year old agriculturist of Ailapur Village, Ameenpur Mandal, who lamented at the manner in which a posse of officials, uniform personnel, marched into his lands at 4:30 am on Saturday and completely demolished two floor house, an ancestral house of 100 years, water tank, boundary walls, compound walls, animal sheds and took away 12 CCTV cameras with DVR etc. L. Ravichander, Senior Advocate, appearing for the petitioner referred to an “war like scene” created by the authorities, he specifically pointed out to the people in safari suits and asked under what authority of law they were either employed or engaged to be present at the time disastrous demolition.
Senior counsel also said that Supreme Court and our High Court have repeatedly cautioned against weekend demolitions, early morn and late-night demolitions. Counsel pointed out that the consistent and insistent disrespect displayed by HYDRAA and other authorities was not just and abuse of the rule of law but a case of naked nascent muscle flexing which is anathema to governance by rule of law.
He repeatedly intervened the arguments of the Additional Advocate General, Imran Khan and pointed out to repeated factual errors in the arguments of the state. When the Additional Advocate General prefaced his arguments that he was not instructed in the matter completely. Ravichander wondered how does the same government expect people to be equipped at 4 in the morning. He also pointed out to a judgement which declared the petitioner as the owner of the property since 1902. The Senior counsel was being led in the matter by Deepak Misra, Advocate in the batch of writ pleas that came up as lunch motion, all complaining of high-handed action at Ameenpur Mandal.
In scatting observations against the repeated violations of the law Justice Vijaysen Reddy said, it is shocking that demolition was carried out without notice and without following principles of natural justice. He said, assuming the structures were illegal, why did authorities blindfolded themselves by permitting construction of same. He also remarked that it was painful to see the demolitions of structures without adherence to the rule of law.
Justice Vijaysen also observed that in saga of case against HYDRAA, the authorities are attempting to justify that demolitions are undertaken in the larger public interest, and it takes pride in restoring several water bodies in and around Hyderabad, however without following due procedure of law. He also observed that even after more than a year of HYDRAA coming into existence, it is unknown as to how and from where the authority is deriving power and no standard operating procedure is being formulated.
Justice Vijaysen also made it clear that HYDRAA shall not undertake any action against disputes relating to internal roads, removal of compound wall unless it places on record SOP or guidelines formulated under GHMC or Municipalities Act.
