In a significant development concerning the construction of the new Osmania General Hospital, the Telangana High Court has allowed a petitioner to legally challenge a government order that was allegedly kept away from public scrutiny. The court's decision came during a hearing on a Public Interest Litigation (PIL) that opposes building the hospital at Hyderabad's Goshamahal Stadium.
Court Grants Permission to Amend Plea
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin gave the green light on Monday for the petitioner to include a challenge to Government Order (GO) Ms 115, dated November 2, 2024. The bench has adjourned the matter, scheduling the next hearing after three weeks.
Representing the petitioner, Goshamahal resident Gundolu Ramu, senior counsel L Ravichander argued before the court that this GO forms the very foundation of the PIL. He revealed that the petitioner had been denied access to this document under the Right to Information (RTI) Act. The order only came to light when the government itself referenced it in a counter-affidavit filed in court.
The Crucial 'Hamlet' Argument
When the bench questioned why challenging this specific GO was so vital, Ravichander gave a compelling response. He stated, "I cannot challenge the act of allotment without challenging the GO. It would be playing Hamlet without the Prince of Denmark." This analogy underscored that the government order is the central instrument enabling the land transfer, making its challenge indispensable to the case.
The bench acknowledged the government counsel's admission in their affidavit that the 31.39 acres of land at Goshamahal Stadium was transferred for hospital construction precisely through this GO. The judges agreed that the proposed amendment to the petition was directly related to its main plea.
Allegations of Illegal Land Transfer and Environmental Lapses
The PIL petition contends that the construction of the new hospital is illegal because the identified land parcel is designated as parkland and open spaces in the official layout. It initially sought to quash GO Ms 45, dated January 30, 2025, which facilitates the transfer of the stadium and adjoining land to the Health Department.
The petition argues this transfer is illegal, unconstitutional, and contrary to the zonal regulations of the Hyderabad Master Plan 2031 and the Telangana Urban Areas Development Act, 1975. It also alleges a violation of fundamental rights under Articles 14 and 21 of the Constitution.
Furthermore, the petitioner's counsel indicated an intent to file an additional application. This would raise grounds that the new hospital is being built without the requisite environmental clearances. The bench, however, directed that the amendment concerning GO Ms 115 be carried out first.
The state government's ambitious project involves building a 2,000-bed hospital at the Goshamahal Stadium site with an estimated cost of Rs 2,700 crore. The foundation stone was laid on January 31, 2025, with a target to open the facility to the public within two and a half years. The High Court's upcoming hearings will now crucially examine the legality of the land allocation process that set this project in motion.
