`No right to misuse legal process’: Telangana HC slams HYDRAA for fencing private land

Hyderabad: Telangana High Court has come down heavily on HYDRAA for allegedly fencing private land without following due legal procedure.

The court observed whether the Supreme Court’s ruling against “bulldozer justice” applies to the agency.

The court on Tuesday made it clear that no authority has the right to misuse legal processes or act in violation of principles of natural justice.

Court questions HYDRAA’s Authority

Hearing a petition filed by NRI businessman Prasad N. Tanjela, Justice N.P. Shravan Kumar of the Telangana High Court expressed strong displeasure over HYDRAA’s actions in fencing a 1,351-square-yard plot in Survey No. 104 at Gudimalkapur in Golconda.

The petitioner alleged that HYDRAA demolished his shed and erected fencing around the land without issuing notice or following due process. His counsel argued that the action was contrary to earlier court rulings.

In response, HYDRAA’s counsel submitted that a detailed counter-affidavit would be filed and maintained that the agency was acting in accordance with Supreme Court and High Court directions.

‘Are you bound by the Supreme Court verdict or not?’

The court questioned whether HYDRAA was adhering to the Supreme Court’s judgment against arbitrary “bulldozer justice” and whether it believed it could act at will without respecting constitutional safeguards.

The judge observed that merely receiving a complaint does not authorize an agency to declare land as government property and fence it off without proper verification. Acting without evidence or established procedure, the court said, could amount to contempt.

“You continue fencing lands of your choice, but you have no supporting material for your actions,” the court remarked, cautioning the agency against bypassing judicial authority.

Order to remove fence

After hearing both sides, the court directed HYDRAA to remove the fencing erected on the disputed land. It also instructed the petitioner not to make any alterations to the property until further orders.

The judge sought clarity on how HYDRAA determines whether land belongs to the government, is under dispute, or is protected by court orders. The court emphasized that citizens invest their lifetime savings in purchasing property and that fencing land without documentary proof is unjustifiable.

Phone seizure questioned

The court further questioned under what authority HYDRAA officials allegedly seized the petitioner’s phone, expressing concern over the agency’s conduct.

Observing that hundreds of petitions against HYDRAA are currently pending before the court, Justice Shravan Kumar directed the agency not to erect fences without proper documentation, data, and verified land records. Any fencing done without due process, the court said, must be removed.

The matter has been adjourned to March 3 for further hearing.