The Telangana High Court on Wednesday ordered the demolition of a multi-storeyed commercial complex that was constructed on a land parcel earmarked for a park at the Begumpet Junction, leading to the Airlines Colony. The court also directed the Hyderabad Metropolitan Development Authority (HMDA) to develop a park in the designated area.
What was the case about?
The case dates back to 1997, when two writ petitions were filed by G Narsoji and another petitioner, who were residents of the Indian Airlines Employees Housing Colony. They challenged the construction of the commercial complex by private respondents P Ravi Kumar and M F Peter on the land originally reserved for a public park.
The sanctioned layout of the colony had designated 600 square yards of land for a park. However, some of the managing committee members of the colony had sold the land to the private respondents, who registered the transaction and obtained permission from the Municipal Corporation of Hyderabad (MCH) for the construction. The permission was granted on an undertaking that if the land was found to be reserved for a park, it would be deemed cancelled.
What did the court say?
The division bench of Chief Justice Alok Aradhe and Justice N V Shravan Kumar set aside and annulled the permission granted by MCH and ordered the demolition of the commercial complex. The court heavily relied on the Supreme Court judgment in the Supertech case, where it had ordered the demolition of two 40-storey towers in Noida for violating building norms and environmental laws.
The court held that the construction violated the public trust doctrine, which imposes a duty on the state to protect the environment and natural resources. The court also held that there was no modification of the development plan by HMDA, which was the competent authority to do so under Section 12 of Telangana Urban Areas (Development) Act, 1975.
What are the implications of the order?
The order has several implications for both the parties involved and the general public, such as:
The private respondents have been directed to carry out the demolition work within three months from the date of order, under the supervision of officials from Telangana Housing Board and HMDA. They have to bear all expenses, including fees payable to an expert appointed by HMDA to oversee the demolition work.
The HMDA has been instructed to develop a park in accordance with its original plan in survey no. 194/11, Paigah Lands, Begumpet, Ranga Reddy district. The park will be open for public use and will enhance the quality of life and environment in the area.
The order will serve as a precedent and a deterrent for other cases involving illegal constructions on land reserved for public purposes. It will also uphold the rule of law and protect citizens’ rights against encroachment and exploitation.
