HYDERABAD: A division bench of the Telangana High Court, consisting of Chief Justice Alok Aradhe and Justice J Sreenivas Rao, has directed the deputy collector and tahsildar of Serilingampally mandal, Rangareddy district, to treat the notices dated August 3, 2024, as show cause notices in relation to the alleged encroachments by petitioners on land at Survey No. 47 in Guttala Begumpet village.
The court’s directive came while hearing a batch of four writ petitions filed by Boda Priyatham Reddy and three others. The petitioners challenged the notices issued by the authorities under Section 23 of the Water Land and Trees Act (WALTA), 2002, demanding removal of structures deemed to encroach upon the FTL of Durgam Cheruvu. The petitioners claimed they had legally purchased the plots via registered sale deeds in 1998.
According to the August 3 notices, the structures within the FTL of Durgam Cheruvu were identified following the district collector’s directives, and the petitioners were instructed to remove these encroachments within 30 days or face action. In response, the petitioners filed writ petitions, arguing that no prior notice or hearing was given, violating the principles of natural justice. They contended that the notices, described as final directives for removal, did not afford them a fair opportunity to present their case.
During the hearing, the counsel for the petitioners argued that the actions of the authorities were unlawful and executed without due process, as the petitioners were not given a chance to defend their rights before the demolition orders were issued.
Acknowledging the petitioners’ concerns, the special government pleader conceded that the notices under Section 23 should indeed be treated as show cause notices.