Telangana HC rebukes municipal authorities for negligence in assisting court

The Telangana High Court on Tuesday came down heavily on municipal authorities and the counsels representing them for not assisting the court diligently. Justice T Vinod Kumar has called up the Advocate General to represent the case at the end of the day. The judge was dealing with a writ plea filed by one Mr. Abhishaik, who sought demolition of illegal construction at Vidith Sai Residency, Brundavan Hills, Nizampet Municipal Corporation, Medchal-Malkajgiri District.

As the AG A Sudharshan Reddy appeared in the second half, the judge took serious objection on the way the cases are being represented and also on the callous way in which the authorities are passing instructions. The judge pointed out that, the instructions and the representations made does not adequately address the concerns raised by the petitioners. Warning that the court would not hesitate to issue contempt against imprudent authorities, the judge remarked, nothing too fancy about calling the authorities to court. When the AG said that he would pass instructions for assisting the court properly, the court did not seem convinced. However, when the AG proactively stated that he would address a letter to the Principal Secretary, MA & UD to look into the issue, the judge conceded to his request. The case was posted to next week for proper response on the inaction of the authorities. The judge will continue to hear the case on January 30.

The two judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Tuesday heard a batch of writ appeals which challenged the validity of ‘motion of no confidence’ against various municipal chairpersons of Telangana. These writ appeals were filed by municipal chairpersons of Sadasivapet, Jangaon, Andol Jogipet, Alair Municpalities and Mayor of Jawahar Nagar Municipal Corporation. They sought court directions to set aside the



motion of no-confidence passed against them by their ward members. The counsel for appellants contended that the manner of passing of motion is not prescribed under section 37 of Telangana Municipalities Act, 2019 and the law is also silent about the consequential action as to the steps to be taken by the State Government. The counsel further argued that no-confidence motion cannot be passed against them until the Rules prescribe the procedure for the said eventuality. Hearing at length, the bench posted the matter to January 29 for deciding the maintainability of the appeals.

ELF Radar Project

The same bench directed the state to ensure all precautions shall be taken for implementing the Extremely Low Frequency (ELF) radar project in Damagundam reserve forest, Vikarabad District. The division bench was dealing with a public interest litigation case filed by ‘Damagundum Forest Protection JAC-Save Damagundam Society’ seeking directions from the state government to roll back its decision of allotting 1500 acres out of 2900 acres of land to Centre. The land is allotted to the Eastern Naval Command, Visakhapatnam for the proposed ELF Radar Project in Damagundam Reserve Forest.

Petitioners contended that eco system is fragile in the forest. Petitioners have also moved an interlocutory application seeking directions to stop the respondents from mowing down the trees in Damagundam reserve forest. The petitioners contended that the respondents are cutting the trees without obtaining any permission. On the other hand, the Additional Solicitor General of India submitted that the respondents shall adhere to the instructions contained in the order dated 29.09.2016, issued by the Government of India. The bench disposed the interlocutory application by considering the undertaking that 2016 order shall be strictly followed. The bench adjourned the case for hearing the main case.