HC refuses to stay HYDRAA demolitions for Dasara; asks State to prove legality

Hyderabad: The Telangana High Court declined to issue a stay order on the demolitions by HYDRAA by a week i.e. till the completion of Dasara vacations.

The HC also sent a notice to the State government directing them to respond within four weeks with reasons for going ahead with the demolition drive in Hyderabad City, without adhering to legal provisions, without issuing notices to the owners of the residential properties etc.

“This court is convinced that the contentions raised by the petitioner in the PIL are of public importance,” CJ Alok Aradhe said during the hearing on Friday.

The HC Division Bench, comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao, declined the plea of Dr KA Paul @ Kilari Anand Paul, petitioner in the PIL who sought court orders to restrain HYDRAA from going ahead with the demolitions in Hyderabad.

It sent notices to the principal secretary to the government, the Municipal Administration Department and the commissioner of the Hyderabad Disaster Response Assets Monitoring and Protection Agency (HYDRAA), AV Ranganath.

‘Can’t pass blanket order’

CJ Alok Aradhe was hearing a plea filed by Dr KA Paul, president of Praja Shanthi Party, Global Peace. The Bench said that the court is convinced by the contention raised by the petitioner in the PIL that the HYDRAA is going ahead with the demolition drive without following due procedure of law.

However, it said that it can’t pass a blanket order of stay on demolitions by HYDRAA for a week, without hearing the response from the government and the HYDRAA. A blanket order will be a unilateral decision, it said.

The court was also convinced by the contentions raised by Dr Paul who informed the court that the people in Hyderabad are living in fear due to demolitions. The court was informed of a resident of the city, Buchamma, who committed suicide after her house was demolished.

‘HYDRAA showing discrimination during demolitions’

Dr Paul alleged that HYDRAA is showing discrimination during demolitions.

The petitioner informed the court that HYDRAA has issued a notice to the brother of the chief minister Revanth Reddy whose house stands in the buffer zone/FTL of a lake, whereas it demolished the residence of a doctor (ground + 5 floors) in Ameenpur mandal, without following due procedure of law. This was done despite a previous stay order issued by a single judge bench on the property.

Further, the petitioner informed the court that more than 70 per cent of the people in Hyderabad are settlers i.e., they have come from other States, purchased lands in Hyderabad by selling their properties in their native places, obtained loans from banks here and constructed houses by reposing confidence in the State administration that their property is legally valid.

However, HYDRAA has demolished their houses and now people fear owning a property in Hyderabad.

The case was adjourned by four weeks for counter affidavits.