HYDERABAD: The State government on Saturday filed a counter affidavit before a division bench of the high court, comprising Chief Justice Raghvendra Singh Chauhan and Justice Shameem Akther, stating that Section 6 of the General Clauses Act was not applicable to the Errum Manzil building, since Regulation 13 of HMDA Regulations, 1981 was repealed without a saving clause.
Represented by principal secretary to transport, roads and buildings Sunil Sharma, the State had filed the affidavit to counter the PIL filed by Hyderabad Zindabad, an NGO represented by senior journalist Pasham Yadagiri of the city, challenging the Telangana Heritage Act, 2017. “After the enactment of the Telangana Heritage Act, 2017, issue of GO 183 which deleted Regulation 13 from the date of its inception was proper and valid under law,” it claimed.
On July 17, a division bench had told the State that it cannot demolish Errum Manzil as such buildings are protected under Section 6 of General Clauses Act of the Centre. Further, the bench had said that though Regulation 13 was deleted from the HMDA Act, the 135 heritage buildings which were identified earlier cannot be touched upon without prior permission.
The government, however, submitted that in so far as the effect of repeal envisaged under Section 6 was concerned, it has no application here. In fact, repeal of Regulation 13 was even followed by legislation on the same subject. Therefore, the provisions of the new Act have to be looked into, while deciding whether Section 6 of General Clauses Act would apply or not. The matter would come up for hearing on Tuesday.