Saturday, December 10, 2022

TS High Court orders demolition of illegal constructions in Hafeezpet

The Division Bench of High Court for the State of Telangana consisting of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili disposed the petition filed by Calvary Temple and given a direction to the GHMC to take appropriate action according to law, which means they can go ahead with demolition of illegal constructions. This order was given on 19 April 2022.  The founder president of Calvary Temple filed a petition (an appeal on the orders issued by Nooti Rama Mohana Rao of Andhra Pradesh High Court in January 2013)  before the division bench against GFMC Commissioner and Deputy Commissioner (Circle 12) requesting the court not to demolish Calvary Temple.

Also Read: SC squashes TS pleas on Hafeezpet lands

The HAL Cooperative Housing Society (TBC 269) has 805 plot owners, most of them senior citizens.  The owners have purchased land in Survey Number 77 in Hafeezpet Village in Serilingampalli, Rangareddy district,  a land measuring about 62 acres and registered with power of attorney in civil suit No. 14on the file of High Court in 1955. The remaining part of the land admeasuring 64 acres was taken over by the State Government for construction of the water reservoir, approach road and railway track for the operation of MMTS.

The State government first disputed the purchase of the land by the society and went up to Supreme Court where it lost its case. Then the State government ordered officials to mutate the land in the name of the plot owner. One Dr. Satish Kumar came up with a claim of purchasing land in Hafeezpet survey no. 77, an extent of 9950 square yards,  and constructing Calvary Temple. He received a notice on 28 November 2012 asking him to show cause as to why the shed meant for the temple could not be pulled down. In another order on 04 December 2012 Dr Satish Kumar was asked to submit the designs and drawings of the proposed construction. He submitted the required papers on 06 December 2012 and sought permission to construct a prayer hall. On 10 December 2012 the officials of Greater Hyderabad Municipal Corporation had visited the site and threatened to demolish the shed. On 18 December 2012, the officials have intimated Dr Satish Kumar that permission to construct prayer hall was rejected. Then a second petition was filed by Dr Satish Kumar claiming that 90 percent of construction of prayer hall was completed and regular prayers were being held there.

Also Read: Hafeezpet Survey No 80, 450 Acres dispute from Nizam’s tim

These two writ petitions and the petition filed by the association of plot owners were together examined by Justice Nooty Rama Mohana Rao. The judge had asked the municipal officials to examine the site to find out illegal construction that came up. According to the report of the higher officials of municipality, the work on prayer hall was started long ago (much prior to 30 November 2012) and the petitioner (Satish Kumar) was not right in saying that it came up in six days. The Inspection Report submitted by Municipal Commissioner on 11 Januray 2013 was taken on the record.

The respondent, Greater Hyderabad Municipal Corporation, was directed to forthwith take all necessary steps to remove and raze to the ground all illegal and unauthorised constructions raised in the land falling in Sy.No. 77 (Part), Hafeezpet, Serilingampally Mandal, within a period of fifteen days  from the date of receipt of the order and file a detailed compliance report in that regard, together with the photographs taken of the complete demolitions of all structures before the Registrar (Judicial), Andhra Pradesh High Court, who will place a copy thereof on the file of W.P.No. 39402 of 2012. This order was passed on 21 January 2013.

Also Read: Bhuma Akhilapriya prepares for legal battle on Hafeezpet lands

It has taken more than nine years for the larger Bench of Telangana High Court to strike down the appeal and reiterate that  the order given by Jusitce Nooty Rama Mohana Rao shall be implemented forthwith. One has to see what the officials of the GHMC are going to do about it. The plot owners are anxiously waiting for action on the part of the officials.

Also Read: Hafeezpet Survey No 80, not of Telangana Govt: HC

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