The Telangana High Court came down heavily on the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) and expressed dissatisfaction over its demolitions carried out without following the due procedure prescribed by law.
Justice K. Lakshman of the Telangana High Court on Monday heard a writ petition challenging the demolitions carried out by HYDRAA on September 22 at Ameenpur. The High Court had asked the Ameenpur Tehsildar and the HYDRAA Commissioner on Friday to appear in court virtually or physically. The Ameenpur Tahsildhar appeared physically in court and the Commissioner appeared virtually.
During the arguments, the HYDRAA Commissioner said that HYDRAA just provides men and machinery for conducting demolitions. “We are just a coordinating agency,” he said.
The Judge asked the Commissioner whether he had the responsibility to examine the MRO’s request and decide whether it was proper or not.
The court asked him, “Suppose tomorrow if the Charminar Tehsildar asked you to provide equipment to demolish the High Court would you provide it?” The Commissioner said that HYDRAA does not provide equipment.
Responding to that the Judge asked the Commissioner whether he had enquired with the Tehsildar before conducting demolitions.
“Don’t you have the responsibility to check on what basis the MRO concluded that a building is illegal,” the HC asked.
“Is it not your duty to verify records? Can you simply provide men and machinery to the Tehsildar to carry out demolitions? Is that your duty?” asked the court.
The Judge advised the Commissioner not to please his political bosses or executive bosses by doing illegal things.
“Otherwise, we will have to stay on this particular matter (HYDRAA). We are not happy with HYDRAA and the Ameenpur Tehsildar in this issue,” the Judge said.
When the Commissioner said that lakes have been encroached on in the city, the court said, “We are not asking you not to demolish illegal buildings. I am not justifying illegal acts. What I am saying is that you have to follow the procedure prescribed by law,” the Judge said.
The court said that demolitions should not be undertaken on Sundays. “Why are you demolishing only on Sundays? There is a full bench judgement of this court. According to that judgement, you cannot demolish buildings on weekends, Sundays and after sunset. That is the law,” the court said.
