Telangana High Court Intervenes in HYDRAA Land Dispute, Mandates Legal Verification
The Telangana High Court issued a significant directive on Wednesday, instructing the Hyderabad Metropolitan Development Authority (HYDRAA) to conduct a thorough verification regarding the legal status of a 1,608 square yard plot of land located in Narsingi. The court emphasized that HYDRAA must determine whether the land is currently sub judice, meaning it is under judicial consideration, and proceed with actions accordingly based on the findings.
Court Questions HYDRAA's Authority in Demolition Actions
During the hearing, the court raised critical questions about HYDRAA's authority to make decisions concerning the ownership of disputed land and to initiate proceedings against individuals accused of encroachment. Justice NV Shravan Kumar presided over the case, which stemmed from a petition filed by a group of claimants asserting ownership over the property in question.
The court's scrutiny was prompted by HYDRAA's recent actions, which included the demolition of a compound wall on the land and the subsequent erection of a fence. Justice Kumar observed that even in cases involving alleged encroachers, it is imperative to issue prior notice before undertaking any such measures. He explicitly stated that if the land is confirmed to be sub judice, HYDRAA must remove the fence within 48 hours of receiving the court's official order.
Emphasis on Legal Procedures and Natural Justice
The hearing saw the court repeatedly interrogate HYDRAA's standing counsel regarding the legal basis for demolishing the compound wall, particularly given the petitioners' claims to the land. The judge also challenged HYDRAA's stance that it could act on complaints of encroachment on public property without securing permission from the municipal administration department.
In its observations, the court highlighted that under the Telangana Land Encroachment Act of 1905, individuals in occupation of land must be provided with a prior notice before any action is initiated. Furthermore, the court referenced the Public Premises (Eviction of Unauthorised Occupants) Act of 1971, stressing that eviction processes must strictly adhere to prescribed statutory procedures and uphold the principles of natural justice.
While acknowledging HYDRAA's objective to prevent encroachments, the court made it unequivocally clear that the agency must operate within the bounds of legal frameworks and ensure fairness in all its actions. The matter has been scheduled for further hearing on February 24, where additional developments are expected to be addressed.
