Telangana High Court pulls up government on unauthorised religious structures

It directed the government to file a detailed report on the entire issue by the next date of hearing. “The government cannot buckle under pressure.
Telangana High Court (File Photo| EPS)
Telangana High Court (File Photo| EPS)

HYDERABAD:  Expressing displeasure over the authorities failing to prevent unauthorised constructions at public parks, lakes and government lands, a division bench of the Telangana High Court on Wednesday pulled up the State government for not coming up with a firm policy to deal with those encroaching the vacant lands earmarked for parks, ponds and lakes. The officials of revenue, police, municipal administration, Panchayat Raj and other departments are least bothered about curbing this menace, the bench said.

It directed the government to file a detailed report on the entire issue by the next date of hearing. “The government cannot buckle under pressure. If it does not implement the law, then who will?” the bench asked. Referring to GO 262 dated March 31, 2010, the bench said there were about 6,707 religious structures in the entire Telangana, which includes about 2,200 religious structures in objectionable public places.

 “As the government has failed to implement its GO, how is it going to protect its land from encroachments?” the bench asked and directed the government to file a detailed report on its plan with regard to religious structures. On Wednesday, the bench appointed N Praveen Reddy as an advocate commissioner and directed him to submit a detailed report on the encroachment of land earmarked for a park at Ameenpur village in Sangareddy district where a temple stands now.

Bench asks govt to carry out detailed survey of lands in the twin cities

“No religious structure should be treated above law. The government should take up a detailed survey of the lands in the twin cities of Hyderabad and Secunderabad,” the bench said. Pursuant to earlier direction of the court, Principal Secretary to Municipal Administration Arvind Kumar, Principal Secretary to Panchayat Raj Sandeep Kumar Sultania, Sangareddy District Collector Hanumantha Rao and others appeared before the bench comprising Chief Justice Raghvendra Singh Chauhan and Justice A Abhishek Reddy.

It was dealing with a PIL filed in 2018 by Human Rights and Consumer Protection Cell Trust complaining that the authorities concerned did not take any action against Madhavapuri Hills Devalaya Committee though the latter had constructed a temple in an open space earmarked for a park at Madhavapuri Hills.

After perusing the affidavit filed by the government, the bench termed it ‘vague and poorly drafted’. Except for issuing a notice to the temple committee and filing a complaint with the local police, no concrete action has been initiated against the persons who encroached the government land, the bench remarked. It told the senior officials who appeared before the bench that nearly 40 PILs were filed in the High Court on the issue relating to illegal encroachment of government land.

“It appears that the government is least bothered about protecting its lands. In fact, the State’s inaction is leading to the increase in the number of such illegal religious structures,” the bench noted. The counsel representing the devotees contended that the said temple was constructed on a private patta land, which is a wasteland as per the revenue records, and urged the court to permit filing of an implead petition in the case. While adjourning the hearing, the bench directed the advocate commissioner to visit the park area where the temple is built. The bench directed the temple authority to pay Rs 50,000 to the advocate commissioner towards his fee. The bench posted the matter to March 16 for further hearing.

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