HYDERABAD: Expressing displeasure with the Telangana government’s failure to respond to petitioners’ contentions in the Errum Manzil matter, a division bench of the High Court on Wednesday directed the State government to reply specifically whether it has taken the HMDA’s approval for the structure’s demolition.
It also asked the government about the need to construct a new Assembly and Council buildings, in spite of a complex existing at Saifabad, and on traffic problems in the Errum Manzil area. The bench directed the government to file a counter to this regard. The bench was passing this direction in relation to a batch of PILs challenging the government’s decision to demolish Errum Manzil, a heritage structure in the city, and to construct a new legislature complex in its place.
On Wednesday, Additional Advocate General J Ramachandra Rao, by citing various judgments of the Supreme Court and other high courts, contended that nobody has the right to question the government’s policy decision on the Errum Manzil matter. “The benefit of Section 6 of the General Clauses Act cannot be given to the subject building (Errum Manzil) after enactment of the new Telangana Heritage Act, 2017. The new legislation has intentionally omitted Regulation 13 of the HMDA Act, vide GO 183 dated December 7, 2015,” he said. Regulation 13 of the Hyderabad Urban Development Authority Zoning Regulations, 1981, vide GO 542 dated December 14, 1995, was meant for regulating and conserving heritage structures.
Not satisfied with the submissions of the AAG, the bench said that as per Hyderabad Urban Development Authority Zoning Regulations, 1981, it was necessary to obtain clearance from HMDA before a decision could be taken on the subject building. “In the present case, it appears that the government has not taken any such permission,” the bench said.
During the hearing, the bench told the AAG that if the court concludes that the benefit of Section 6 of the General Clauses Act has to be given to the subject building and that it Regulation 13 still exists, what would the government say? In reply, the AAG sought some time to respond on the issue, saying that the counter affidavit was still under preparation.
The bench then directed the government to answer whether it has taken permission or not from the HMDA for its proposal to demolish Errum Manzil. It also wanted the government to respond to the petitioners’ contentions that there was no need of constructing a new legislative complex at Errum Manzil since the existing one at Saifabad area was in good condition and meets all requirements. The bench posted the matter to Thursday for further hearing.