Telangana HC refuses to restrain HYDRAA from demolishing illegal constructions on lake beds
Dr Kilari Anand Paul, who had filed the PIL, insisted that the Court pass an interim order
By Newsmeter Network Published on 24 Oct 2024 2:45 AM GMT
Telangana High Court (file photo)
Hyderabad: Telangana High Court has refused to pass an interim order restraining HYDRAA from demolishing illegal constructions on lake beds.
A division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao refused to restrain HYDRAA from demolishing illegally constructed buildings and structures on lake beds.
Dr. Kilari Anand Paul, who had filed the PIL, insisted that the Court pass an interim order restraining HYDRAA from demolishing the buildings and the houses of poor people by the Musi River for at least 10 days.
He said notices should be issued to the owners of the buildings/houses or other properties before demolition. He also noted that the government should survey the demolition drive.
Dr. K.A. Paul said HYDRAA is discriminating during the demolition drive. It is demolishing the houses of poor people living near the Musi River without notice, whereas the houses of high-profile persons, constructed in the FTL of lakes have been issued notices.
Moreover, high-profile persons can hire an advocate to argue their case, but what about the poor people? He said HYDRAA has demolished 462 buildings across Hyderabad city during the last couple of months.
After hearing Dr. K.A. Paul for more than half an hour Chief Justice Alok Aradhetold Additional AG Imran Khan: āWe have been hearing the lecture given by the petitioner for a considerable time but in a Public Interest Litigation, we have to hear and it is the duty of the Addl.AG and the Standing Counsel for HYDRAA to reply to the contentions raised by the petitionerā.
Chief Justice Alok Aradhe asked the AAG whether notices were issued to the owners whose buildings or properties were demolished.
Imran Khan said that the government is adhering to the rules.
Chief Justice Alok Aradhe questioned K. Ravinder Reddy, Standing Counsel for the HYDRAA whether the HYDRAA is demolishing the houses of poor people living by the Musi River.
The counsel informed that the HYDRAA has not demolished a single house that belongs to the poor people. He said the Irrigation Department and Revenue Department officials have taken up a survey and made markings on the houses, which fall within the Musi River. All those persons, whose houses were demolished by both the department officials, have been allotted double-bedroom houses.
Later the court declined the prayer citing the Supreme Court Judgment in Kusum Lata vs Union of India that the Court should not entertain PILs filed based on information elicited from the newspaper reports without attempting to verify the authenticity.
The Supreme Court further held that newspaper reports do not constitute evidence and the court has to specify the credentials of the information furnished in the PIL.
The present PIL is based solely on the information gathered from the newspapers, the Chief Justice observed.
The matter has been adjourned by 3 weeks for counter affidavits.
