Telangana HC declines PIL against Vertex Developers’ over alleged illegal construction on airport land

Hyderabad: The Telangana High Court on Monday declined to hear a PIL alleging large-scale encroachment of airport lands by a prominent real estate developer.

The court said that the petition has incomplete information and ambiguity as presented before the bench.

What is the petition about?

The Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin dismissed the petition filed by Kukkala Krishna, a fisherman from Thukkuguda village, who had sought action against Vertex Developers LLP for allegedly encroaching upon 97 acres and 6 guntas of Airport Authority land.

The petitioner claimed that the company’s Vertex KLR GIGA CITI project at Tukkuda Airport viewpoint in Hyderabad was being constructed on encroached government land across different survey numbers in Mankhal village, Thukkuguda municipality, Maheshwaram mandal, Rangareddy District.

‘Gaps in the documentation’

The Chief Justice bench expressed dissatisfaction with the way the petition was presented, observing that the pleadings were incomplete and lacked crucial specifics. Baliah B, counsel for the petitioner, failed to convince the court with his arguments as the bench pointed out fundamental gaps in the documentation.

The court noted that the petition did not furnish authenticated information pertaining to the alleged encroachment, nor did it provide clear details about the permissions purportedly obtained by the developers from various statutory bodies, including HMDA and RERA.

How can HYDRAA and RERA act on incomplete information?

Chief Justice Aparesh Kumar Singh made a pointed observation during the proceedings, questioning how the petitioner could expect statutory authorities such as HYDRAA and RERA to act upon the allegations when the petition itself failed to provide specific details.

The court remarked that without clarity on which exact lands had been encroached upon and from which departments the developer had obtained construction permissions, it was impossible for either the court or the relevant authorities to take meaningful action on the matter.

What is the crucial documentation missing from the petition about land encroachment?

The court’s criticism centred on what it termed a misrepresentation in the PIL petition.

The bench emphasised that for any effective legal action against alleged encroachments, especially those involving government land of such substantial extent, the petitioner must furnish comprehensive and authenticated documentation.

This would include precise details of the survey numbers involved, documentary evidence of land ownership, and specific information about which statutory permissions had been granted and by which authorities.

Court directs the petitioner to approach Rangareddy Collector

Rather than dismissing the petition outright without recourse, the Chief Justice Bench provided the petitioner with an alternative remedy.

The court directed the petitioner, Kukkala Krishna, to approach the Rangareddy District Collector with a fresh representation.

The bench specified that this representation must contain comprehensive details of all lands allegedly encroached upon, clearly identify which statutory bodies had accorded permissions to the company for construction activities and provide any other relevant documentation that could substantiate the claims of illegal construction and encroachment.

The court further directed the District Collector, Rangareddy District, to examine the petitioner’s representation in accordance with the law and take appropriate action as deemed necessary.

With these directions, the bench disposed of the PIL petition, effectively closing the matter before the High Court while leaving open the possibility for the petitioner to pursue relief through administrative channels.

Plea claims illegal construction on nearly 97 acres of Airport Authority land

The petition had sought direction to both the Union of India and the Telangana State Government to take immediate and stringent action against Vertex Developers LLP and its Vertex KLR GIGA CITI project.

The company is represented by its Group Chairman, Vegnesa Venkataraya Varma, Vertex Corporate. The allegations involved the encroachment and illegal construction on nearly 97 acres of Airport Authority land spread across multiple survey numbers in the jurisdiction ofthe Thukkuguda municipality.

The case highlights the procedural rigour required in public interest litigation matters, particularly those involving allegations of land encroachment against private developers.