HC Restricts HYDRAA's Demolition Activities
In a significant development, the Telangana High Court has put a halt to the demolition activities of the Hyderabad Metropolitan Development Authority (HYDRAA) without obtaining prior court approval for its standard operating procedure (SOP). Justice B Vijaysen Reddy directed HYDRAA to restrain from demolishing unauthorized constructions until it presents its SOP before the court. The court also ordered HYDRAA to focus solely on removing encroachments and restoring water bodies, nalas, parks, and public roads. This directive comes in response to a lunch motion challenging the demolition of a century-old structure and other buildings on a farmhouse in Ameenpur.
The court has instructed HYDRAA to maintain the status quo and submit counter affidavits within two weeks. The matter is scheduled for further hearing on April 20. The court expressed dissatisfaction with HYDRAA's approach, criticizing the agency for creating a 'war-like situation' during demolitions, particularly in the early hours, without adherence to any established SOP or legal clarity. It also directed HYDRAA not to take any coercive steps, including demolition of unauthorized constructions, until it submits its SOP or guidelines in accordance with relevant laws.
The court highlighted HYDRAA's actions, ostensibly in the public interest, as potentially carried out at the behest of private individuals in defiance of previous HC orders. Additionally, the court emphasized the need for strict judicial scrutiny, citing the Supreme Court's directive for a minimum 15-day notice period before any demolition. The judge underscored the necessity for adherence to legal procedures and principles of natural justice. The court also raised concerns about the lack of clarity regarding HYDRAA's operating framework and its manner of functioning. The persistent ambiguity surrounding its operations indicated a lack of proper legal direction, despite the agency's claims of restoring water bodies in and around Hyderabad.
The petitioner, a 98-year-old farmer, alleged that HYDRAA officials, accompanied by local police and revenue personnel, demolished structures at the farmhouse in Ameenpur without prior notice. In response, HYDRAA defended its actions, stating that the demolished structures had been constructed without requisite permissions on government land. The judge expressed concern over the demolition of a substantial structure without prior notice and criticized the authorities for allowing the construction to proceed unchecked. The court highlighted that timely intervention could have prevented the situation. The content of the original article has been paraphrased and rewritten to ensure uniqueness and readability while preserving all factual information.
