Tuesday, October 8, 2024

‘No notice required to raze FTL buildings’ TELANGANA HIGH COURT OBSERVES DURING HEARING OF HYDRAA PETITION

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Revanth Chithaluri
Justice T. Vinod Kumar of the Telangana High Court said that the authorities need not issue any notices before demolishing buildings built on lake beds.
The Judge was dealing with a writ plea filed by K Umamaheshwaramma and Ramesh challenging the demolition of buildings inside Ameenpur Lake by HYDRAA on September 8.
The counsel for the petitioner said that government officials had declared in 2007 that their land was not in the FTL area or buffer zone of the lake.
The court said it needed the 1970 document as it was a 400-acre lake and not a document issued in the year 2007.
When the counsel for the petitioners said that in 2007 also the proceedings were conducted by officials like the Revenue Divisional Officer (RDO) the court said, “Documents issued in 1970 will show the exact area of the Kotha Cheruvu’s FTL and buffer zone.”
The petitioner’s lawyer said that officials demolished buildings on nine acres of land.
“Although my client showed documents, GOs and other documents they demolished her building saying that it was in the FTL area. Any action by officials requires prior notice. The officials have to examine the explanations and only then pass the order,” he said.
The court then said that if the building was in the FTL area or buffer zone of the lake there is no need to issue notices to anyone. The court told the counsel to examine the Supreme Court judgement in the Olga Tellis & Ors Vs Bombay Municipal Corporation & Ors case. There are similar provisions in the GHMC Act also.  “If lake beds are encroached no notices are required,” the court said. The Judge said that Pedda Cheruvu and Kottha Cheruvu are adjacent to each other. People laid a road after dividing and destroying the lake.

This is one of India’s first lakes which was declared as a biodiversity centre. Unfortunately, the culprits spoiled the lake which used to attract birds. The famous ornithologist Salim Ali has written about this lake in his book, the court said.
The counsel for the petitioner said, “I have to protect the property on nine acres of land. The place is known for land grabbing.”
The Judge observed in a lighter vein that now nobody will touch the land. Even if you invite them, they will not come.
“There is a saying in Telugu. ‘Boodidha lo posina panneeru’ (It’s like pouring money down the drain). This is like that. Ameenpur Lake has been destroyed so much,” the court said in a lighter vein.

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