Telangana High Court Warns State for Not Filing Counters in PIL Challenging OGH Shift
The court cautioned that it would impose a fine if there was any further delay in the state filing its counter.
Hyderabad:The Telangana High Court on Monday expressed displeasure at the state government not filing a counter-affidavit in a public interest litigation (PIL) challenging the proposed shifting of the Osmania General Hospital (OGH) to Goshamahal. The court cautioned that it would impose a fine if there was any further delay in the state filing its counter.
The PIL was filed seeking to restrain the construction of the hospital at Goshamahal on a land parcel that was allegedly earmarked as park and open space, contending that the decision is illegal and unconstitutional. According to the petitioner, the proposed relocation violated the Hyderabad Master Plan and breached statutory provisions governing urban development.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, on a request by the state’s counsel, gave time to place the government’s counters on record.
The bench, however, noted that despite clear directions issued during the previous hearing in October last, the state had not filed any counter affidavit. Expressing displeasure, the bench cautioned the government and adjourned the case, directing that it be listed after three weeks.
The court allowed an interlocutory application filed by the petitioner seeking to specifically challenge GO Ms No. 115, under which 31.39 acres of government land at Goshamahal was allotted for construction of the new hospital.
Senior counsel L. Ravichander, appearing for the petitioner Gundolu Ramu, submitted that GO Ms. No. 115, issued on November 2, 2024, formed the very foundation of the land allotment and therefore required a direct challenge.
He contended that the government order was not available to the petitioner earlier and that even a copy sought under the Right to Information Act was denied. Ravichander argued that the petitioner became aware of the GO only after the state referred to it in its counter affidavit. Without assailing the order, an effective challenge to the allotment itself would not be possible, he stated.
