HYDRAA demolitions: HC orders survey to resolve land dispute

The petitioners will also have the right to claim compensation and damages for the alleged illegal demolition.
Telangana High Court
Telangana High CourtFile Photo | Express
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HYDERABAD: Justice CV Bhaskar Reddy of the Telangana High Court has ordered the assistant director of Survey and Land Records, Sangareddy district, to conduct a detailed survey and localisation of lands forming part of Survey Nos 6 and 12 in Patelguda village, Ameenpur mandal.

Until the survey and localisation are completed, the authorities are directed to maintain status quo regarding the subject lands.

The survey is to be carried out after notifying the petitioners and all other stakeholders involved.

In a batch of 23 writ petitions filed by Thammisetty Srikanth and others, the petitioners claimed ownership of various extents of land in Survey No 6, alleging that their residential structures were unlawfully demolished by officials of the Hyderabad Disaster Response, Asset Monitoring and Protection Agency (HYDRAA).

The petitioners argued that they had obtained the necessary permissions, including conversion permission (NALA) and layout approvals, from competent authorities before constructing their homes.

Despite this, HYDRAA officials allegedly demolished the structures without notice, claiming they were built on encroached government land in Survey No 12.

Justice Bhaskar Reddy directed that if the survey confirms that the subjects’ lands fall under Survey No 6, the authorities must allow the petitioners to proceed with construction as per sanctioned plans. The petitioners will also have the right to claim compensation and damages for the alleged illegal demolition.

If the lands are found to belong to Survey No 12, the petitioners may apply for regularisation in accordance with government orders and circulars. The authorities must consider such applications based on the sale deeds and other documents.

Counsels for the petitioners R Chandra Shekar Reddy and Jalapalli Madhavi Reddy, cited a Supreme Court judgment dated September 17, 2024, to argue that HYDRAA’s actions violated due process and lacked legal authority. They demanded penal action against the officials and compensation for the demolished structures.

Conversely, the government pleader for revenue argued that the subject lands fell under Survey No 12, a government-owned property, and that the petitioners deliberately encroached upon it. The government stated that demolitions were carried out after a survey by the mandal surveyor and issuance of notices.

Acknowledging the dispute over the identification of the land, the high court emphasised that the survey must consider the sale deeds and conduct the demarcation in the presence of the petitioners.

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