Telangana HC issues notice to State over PIL challenging Ordinance 4 empowering HYDRAA

Hyderabad: The Telangana High Court sent notices to the State government asking it to respond to a plea seeking suspension of ordinance number 4 that enhances the administrative powers of HYDRAA.

On Friday, the High Court Division Bench, comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao, issued notices to the chief secretary, secretary to the Government Legal Affairs, Legislative Affairs and Justice Law Department and the principal secretary to the Municipal Administration Department. They were asked to respond to the notices within three weeks.

The departments have been asked to respond to the notices on the issuance of ordinance 4/2024 through which the Telangana Government has empowered the Hyderabad Urban Development Regulatory Authority (HYDRAA) to exercise powers vested with the GHMC commissioner for the protection of public assets.

The petitioner in the PIL sought interim suspension of ordinance 4 of 2024 to amend the Greater Hyderabad Municipal Corporation Act, 1955, published in the Telangana Gazette. This ordinance enhances the powers of HYDRAA in protecting lakes, nalas and other Government properties and demolishing illegally constructed buildings.

Inserting Clause 384-B of the GHMC Act increases the powers of the HYDRAA, and specifies that the government can empower any officer or agency to exercise the powers vested with the GHMC for protecting roads, drains, public streets, water bodies, open spaces and public parks and preserve them from illegal encroachments.

The division bench was adjudicating a PIL filed by Manchireddy Prashanth Kumar Reddy, former corporator IS Sadan, former MLA, BRS Party, Ibrahimpatnam Assembly Constituency, seeking suspension of the Telangana Ordinance number 4 of 2024 to amend the Greater Hyderabad Municipal Corporation Act, 1955, published in the Telangana Gazette Part IV-B Extraordinary dated October 3, 2024.

The case has been adjourned for three weeks.

What is Ordinance 4?

In September, the Telangana government decided to promulgate an ordinance to formalise the powers of HYDRAA. The government has also decided to strengthen the agency by increasing manpower to safeguard lakes, reservoirs, and nalas inside the Outer Ring Road (ORR).

The Telangana Gazette published the ordinance on October 5, issued by governor Jishnu Dev Varma on October 3. Titled the ‘Greater Hyderabad Municipal Corporation (Amendment) Ordinance, 2024,’ the law seeks to confer authority upon the GHMC commissioner to engage specialised agencies, such as HYDRAA, to safeguard public assets, including parks, open spaces, roads, sewers and streets.