Multiple Pleas In Telangana High Court Challenge Demolition Action Involving HYDRAA- Agency Tasked With Protecting Land, Lakes

Over the past two weeks, the Telangana High Court has been hearing matters challenging demolition orders, issued by the state authorities on the ground that the constructions in question were "unauthorised" or were made by encroaching the "Full Tank Level" or "buffer zone" of the water bodies around it. Apart from challenging the demolition notice issued by the concerned state authorities seeking that it be set aside, the petitioners further sought directions to the concerned authorities including 'Hyderabad Disaster Response and Asset Protection Agency' (HYDRAA) restraining it from interfering with the petitioners' peaceful possession of the property as well as from taking any coercive action. The properties in question include a convention centre and even a farmhouse. In most of these matters, the petitioners challenged the demolition notices/action by authorities on the ground that they were not granted an opportunity of hearing, going against the principles of Natural Justice.These petitions brought into scrutiny the alleged actions of the newly minted HYDRAA–a "unified dedicated" agency established to manage urban disasters, asset protection which includes protect government land (and land of local bodies) as well as water bodies including lakes from encroachment in the Telangana Core Urban Region (TCUR). TCUR comprises of the entire Greater Hyderabad Municipal Corporation (GHMC) and areas of Hyderabad, Ranga Reddy, Medchal Malkajgiri and Sangareddy districts upto ORR (outer ring road). For instance, in a matter listed on August 21 pertaining to the demolition of a farmhouse, the petitioner had contended before a single judge bench of Justice K Lakshman that on August 14, concerned officials of respondents 2 (Engineer in Chief, Irrigation and ICAD Department) and 3 (Superintending Engineer) visited the property and "threatened" the petitioner stating that the farmhouse is in the Full Tank Level (FTL) of Osman Sagar Lake, without any notice or intimation. (Pradeep Reddy Badvelu And State of Telangana and Others). For context the term 'full tank level' denotes the maximum level a water body can reach. The petitioner alleged that the officials had "promised" to return to the farm house property along with the officials of the 6th respondent i.e., HYDRAA. The petitioner claimed that the respondent authorities (R3 to R6)–the concerned Superintending Engineer, District Collector, the Mandal revenue officer and HYDRAA are trying to demolish the subject Farmhouse without following the procedure laid down by law.Meanwhile Additional Advocate General Mohd. Imran Khan on instructions, pointed to the government order (GO) of July 19 on the establishment of HYDRAA. He submitted that Respondent 3 to 6 will follow the procedure laid down under government order and also relevant Acts and Rules while taking action against illegal encroachments and unauthorized constructions. He further sought time to file a counter as well as preliminary/final notification of any earmarking the subject property under FTL.After considering the arguments the high court in its order directed: "In the meanwhile, 6th respondent (HYDRAA) shall take steps strictly in accordance with law and procedure laid down under the said G.O. while taking action against the petitioner. 6th respondent shall also furnish the details of the action taken by it along with counter as to the number of structures demolished by following the procedure laid down".Justice Lakshman said that while initiating action against illegal encroachments HYDRAA shall consider the "prima facie title of the illegal encroachers" and the persons who made unauthorized constructions; the permissions obtained by them from various authorities including GHMC, Municipalities and Gram Panchayats etc.Asking the HYDRAA to follow the procedure laid down in the July 19 order so that citizens confidence in state is restored, Justice Lakshman emphasized:"6th respondent shall not show any discrimination between owners of small extents of land i.e. 60 to 100 sq. yards and One Acre and above. 6th respondent shall follow the procedure laid down under the subject G.O. 6th respondent has to take steps by following due procedure laid down under the aforesaid G.O. so as to enable the citizens to repose confidence on the State". The matter is next kept on September 12.HYDRAA and its scopeAs per a July 19 Government Order (G.O.MS.No.99) issued by the Telangana Government announcing the creation of HYDRAA, the agency is responsible for "planning, organizing, coordinating and implementing" the measures for preparedness and prevention of urban disasters, for coordination with other State and National agencies for prompt response and rescue operations in any disaster situation or disaster that may arise in this region.The agency has three main arms–an Asset Protection Wing, Disaster Management Wing and Logistics Support Wing.Under the first the agency is responsible for protecting assets of Local Bodies...

Multiple Pleas In Telangana High Court Challenge Demolition Action Involving HYDRAA- Agency Tasked With Protecting Land, Lakes

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