Telangana High Court says HYDRAA terrorising people, questions weekend demolitions

The Telangana High Court on Monday disapproved of the actions of the Ameenpur Tahsildar and HYDRAA in demolishing sites without following the due process of law. Mincing no words, Justice K Lakshman remarked that the court was not happy with HYDRAA. He also stated that the agency was terrorising the people, deviating from what was stipulated in G.O Ms 99 as functions of HYDRAA, and asked both the officials not to commit any illegal activities for pleasing their political bosses and executive bosses.

“While we appreciate the intent of the HYDRAA in demolishing illegal structures, we do not appreciate the manner in which demolitions are carried out in violation of the procedure. We would appreciate if the GO 99 was applied in strict sense. That is how HYDRAA has to gain the confidence of the people, but instead you are terrorising the people,” the Judge commented, observing that while GO 99 provided for various functions including disaster management and traffic control, the present HYDRAA had done nothing else but demolitions.

“This court is not against demolitions. In fact, this court has ordered demolitions where private parties were acting in contravention of law,” the Judge said, wondering how the authorities could proceed with demolitions on Sundays or holiday despite clear judgements of the Telangana High Court and Supreme Court not to proceed with demolitions. The judge pointedly questioned HYDRAA Commissioner AV Ranganath and the Ameenpur Tahsildar if they were aware of the law and judgments on demolitions.

“The Stamps and Registration department entertains the registrations, the authorities concerned provide clearances, the municipal authorities collect fees and grant construction permit, every department wants to generate revenue, but on the other hand you demolish such structures without following due process of law,” said the Judge, reprimanding the two officials.

“What is the fate of a bona fide purchaser or a common man who purchases property, have you ever considered?” the Judge asked Ranganath, stating that he was made aware by some counsels that Ranganath was talking about the fundamental rights and right to life and liberty under Article 21 of the Constitution in the media.

“But what about the right of the citizens who have purchased properties after confirming all the permissions?” he asked, adding that he could see that the law was applied discriminatorily.

Justice Lakshman also quizzed Ranganath, who appeared virtually, and the Tahsildar, who was present in the court physically for about an hour,



pointedly questioning the violations committed by them in going ahead with demolitions in the writ petitions filed by the Ganesh Constructions and others. The Judge reprimanded the Tahsildar for passing an order on Friday, September 20, serving the same on the petitioner the next day at 6:30 pm and going ahead with demolition on Sunday morning i.e., September 22 at 7.30 am. While the speaking order of the Tahsildar gave 48 hours for demolition, the same was also violated, the Judge noted, also observing that the Tahsildar did not even consider or refer the representations and explanations given by the petitioners in her speaking order and termed the action of the Tahsildar as “vindictive action”.

The Judge also questioned the role of the HYDRAA in the illegal action. Ranganath explained that they had only supplied men and machinery at the request of the Tahsildar. The Judge then wondered if the Commissioner could provide men and machinery without verifying the legality of a decision, moreover on a Sunday when demolitions should not be carried out.

“Will you blindly provide men and machinery to the Charminar Tahsildar for demolishing the Telangana High Court without verifying the legality of the Tahsildar’s decision?” he asked.

The judge went on to question the Tahsildar and Ranganath on what was the hurry in carrying out demolitions on a Sunday by violating procedure to be followed at every step. The Judge suggested both officials not to commit any illegal activities for “pleasing their political bosses and executive bosses”, stating that this was not the way to protect the government lands and that this manner of demolitions would put innocent people to suffering. The Judge also warned both the officers that such illegal activities would land them in trouble.

The Judge also wanted to know from Ranganath what action was forthcoming towards the alleged Musi encroachments. However, Ranganath had no plan of action readily available for the same. In another batch of urgent cases moved by way of lunch motion, the Judge directed that no demolitions should be carried out without following legal procedure.

Government Pleader for Revenue, Muralidhar Reddy, told the court that the representations of the petitioners were not placed in the file leading to the present illegality. The Judge then directed the Tahsildar and HYDRAA to submit their response in a detailed counter for further consideration. The judge directed that status quo be maintained by both the parties till further orders from the court and scheduled the further hearing of case for October 15.