Telangana High Court orders demolition of commercial complex built on colony park land

The onus of the demolition work, which will be supervised by officials from the Telangana Housing Board and the Hyderabad Metropolitan Development Authority (HMDA), falls entirely on the respondents.
Telangana High Court. (Photo | Express)
Telangana High Court. (Photo | Express)

HYDERABAD:  In a significant decision, the Telangana High Court on Wednesday allowed two writs filed by G Narsoji and another petitioner, which date back to 1997 and 1999, respectively for the demolition of a multi-storeyed commercial complex constructed on an open space measuring 600 square yards in Plot Nos. S1 and S2 of the Indian Airlines Housing Colony in Begumpet in Rangareddy district.

The primary grievance raised by the petitioners concerned the construction of this commercial complex by private respondents P Ravi Kumar and M F Peter on the land originally earmarked for a public park. The sanctioned layout of the Indian Airlines Employees Housing Colony had designated this 600-square-yard area for a park. Notably, some of the managing committee members of the housing colony had sold this land to the private respondents, who subsequently registered the transaction.

The private respondents had sought permission for the construction of the commercial complex from the Municipal Corporation of Hyderabad. However, they provided an undertaking stating that if the land was indeed reserved for a park, any granted permission would be deemed cancelled.

After careful consideration of all arguments and a thorough examination of the case facts, a division bench of the High Court led by Chief Justice Alok Aradhe and Justice N V Shravan Kumar set aside and annulled permit no. 50/49 of 1996, dated January 3, 1997, which had been granted in favour of the Indian Airlines Employees Housing Society by the Municipal Corporation of Hyderabad for the construction of the commercial complex on land initially reserved for a park in survey no. 194/11, Paigah Lands, Begumpet, Ranga Reddy district.

Moreover, the respondents, Ravi Kumar and Peter have been directed to carry out the demolition of the commercial complex constructed on the plot. The onus of the demolition work, which will be supervised by officials from the Telangana Housing Board and the Hyderabad Metropolitan Development Authority (HMDA), falls entirely on the respondents themselves.

Additionally, the HMDA has been instructed to appoint an expert who will oversee the demolition work conducted by the respondents. All expenses, encompassing the demolition costs and related fees payable to the appointed expert, are to be borne by the respondents.

Crucially, the respondents are obligated to complete the demolition work within a strict timeline of three months from the date of this court order. Furthermore, the HMDA has been tasked with developing the 600-square-yard plot in Survey No. 194/11, Plot Nos. S1 and S2, Indian Airlines Housing Colony, Begumpet, Ranga Reddy District, into a park.

It is worth noting that any occupants of the building, if there are any, are entitled to pursue legal remedies available to them to address their grievances against the respondents, P. Ravi Kumar and MF Peter.

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