Telangana High Court Directs Immediate Removal of Encroachments on Historic SPCA Land in Hyderabad
In a significant ruling, the Telangana High Court has issued directives to the endowments department and the Greater Hyderabad Municipal Corporation (GHMC) to clear all illegal encroachments from a disputed 4,000 square yard property at Muslim Jung bridge in Sultan Bazar. This land was originally allocated by the Nizams for a veterinary hospital and a goshala managed by the Society for Prevention of Cruelty to Animals (SPCA).
Justice Rao's Directions on SPCA's Petition
Justice Suddala Chalapathi Rao delivered these orders while hearing a petition filed by the SPCA. The petition sought judicial intervention to restrain authorities from constructing, altering, or laying roads on any part of the SPCA's property. Additionally, it requested the removal of existing encroachments and an end to interference with the SPCA's lawful rights.
Senior counsel K Hariharan, representing the SPCA, presented a compelling case. He highlighted that despite a 2011 court order directing authorities to identify 1.10 acres for animal welfare, the trust's original land has been significantly reduced. Established in 1927 as a non-profit organization, the SPCA has seen its Nizam-allotted land shrink from 4,000 square yards to just 2,096 square yards.
Historical Significance and Allegations of Encroachment
The SPCA trust, which historically had leadership from the chief justice of the erstwhile high court of Andhra Pradesh and senior Nizam government officials, alleged systematic encroachment. Portions of the land were reportedly taken over by GHMC for road construction, while other areas were occupied by third parties who are currently operating a hotel on the premises.
During the proceedings, the government pleader and GHMC standing counsel argued that a portion of the land is still being used to house sick animals and maintain the goshala. However, the court took a serious view of the private encroachments, emphasizing the need to protect the SPCA's rights.
Court's Firm Orders and Timeline for Compliance
The bench directed the respondent authorities to initiate the removal of all encroachments, including the hotel operating on the disputed land, within two weeks. This action must follow due process of law to ensure legal compliance.
Furthermore, the court instructed the authorities to seek police protection for implementing the order. The Hyderabad police commissioner has been directed to extend full cooperation in removing the encroachments, ensuring the process is carried out smoothly and without obstruction.
Preventing Future Encroachments and Ensuring Accountability
Emphasizing the need to prevent recurrence, the court ordered the authorities to take effective steps to protect the premises from future encroachments. This includes implementing measures to safeguard the land and prevent similar issues from arising again.
The court also directed that a compliance report be filed by the next date of hearing, which is scheduled for January 30. This ensures accountability and monitors the progress of the encroachment removal process.
This ruling underscores the judiciary's commitment to upholding property rights and protecting historical allocations for public welfare. The SPCA's long-standing struggle to reclaim its land highlights broader issues of land encroachment and legal accountability in urban areas.
