HYDERABAD: Justice K Lakshman of the Telangana High Court on Monday directed the authorities not to dispossess 127 petitioners from their properties without following due process of law.
This decision came in response to a writ petition filed by Ramakontla Komuramma and 126 others, challenging the actions of the Greater Warangal Municipal Corporation (GWMC) and other state officials.
The petitioners, residents of MH Nagar, Desaipeta Circle-1 in Warangal Municipal Corporation, asserted that they had been living in their respective properties, ranging from 30 to 60 square yards, for many years.
They claimed possession through assignment pattas issued between 2007 and 2023 under the Below Poverty Line (BPL) scheme. Many petitioners have constructed huts or houses on these lands and have been paying property taxes and electricity charges, as evidenced by their submission of relevant receipts.
The petitioners accused the GWMC of arbitrarily attempting to dispossess them and demolish their homes without conducting a proper survey or inquiry regarding the full tank level (FTL) or buffer zone of Chinna Waddepally Cheruvu, a local water body. They argued that such actions violated the principles of natural justice and their fundamental rights under Articles 14, 21, and 300A of the Constitution of India.
During the hearing, the assistant government pleader representing the tahsildar of Warangal mandal stated that neither the tahsildar nor his staff was interfering with the petitioners’ possession of their homes. However, notices have been issued by the GWMC to those who have allegedly constructed illegal huts or houses in the Kotta Cheruvu buffer zone, a matter under scrutiny due to an ongoing PIL aimed at protecting lakes within Warangal city limits.
The counsel for the petitioners argued that only 80 of the 127 petitioners had received notices, with many prepared to submit explanations in response. Meanwhile, the Standing Counsel for the GWMC noted that in a previous writ petition from 2010, the court had directed the removal of encroachments from local water bodies.
The GWMC has already removed around 250 huts in the buffer zone/FTL of Bhadrakali tank and identified 39 huts in the Chinna Waddepally Cheruvu area for removal.
Justice Lakshman, after considering all arguments, instructed the authorities not to dispossess the petitioners from their properties until due process is followed. The ruling ensures that any action taken by the state or municipal authorities must comply with the law, safeguarding the petitioners’ rights.