Issue notice before demolition: High Court

Appreciating the state government’s intention to remove illegal encroachments on nalas, tank beds and storm water drains in Greater Hyderabad, the High Court has asked it to maintain a balance between enforcing the law of the land and the need to protect citizens from officials’ arbitrary and illegal actions.

The court directed the authorities to give notices to the occupants concerned prior to demolition and give al least two weeks’ time to them to respond to such notices.

Justice MS Ramachandra Rao was passing orders on yet another batch of writ petitions filed by the affected citizens complaining that officers were resorting to demolitions without giving any opportunity to dispute the contentions of such authorities.

While passing the general order, the judge said that the court appreciates and lauds the



intention of the state to remove illegal encroachments on nalas and tank beds which led to inundation of certain areas during the rains but issuance of proper notice and giving opportunity to all the occupants was also necessary. Demolitions without notice will cause problem to all living in these structures, the judge observed.

The judge, in his order, gave guidelines to the authorities which included giving prior notice to the occupants of the structure which was allegedly constructed on a nala or tank bed. Along with such notices, the officer should disclose all the material available to show that the constructions were illegal and needed to be demolished. The affected persons need to provide explanation within two weeks and then an order disclosing the reasons why the proposed demolition is justified will be passed.