HYDERABAD: Justice NV Sravan Kumar of the Telangana High Court on Wednesday directed the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) to verify whether land recently fenced by it at Narsingi forms part of the schedule property in OS No 259 of 2022. If the fenced land is found to be covered by the decree, HYDRAA must remove the fencing within 48 hours from receipt of the order and file a compliance report. The court clarified that the board already erected at the site shall not be disturbed.
The direction came in a writ petition challenging HYDRAA’s demolition of a compound wall around plots admeasuring 1,608 square yards in Narsingi, Rangareddy district. The petitioners sought a declaration that the demolition was illegal, arbitrary and violative of Article 300A of the Constitution, besides being contrary to the GHMC Act. They also sought a restraint against further interference.
During the hearing, the court questioned HYDRAA’s authority to demolish the compound wall. The agency relied on GO Ms No 99 dated July 19, 2024, issued by the MA&UD department, under which it was constituted as a unified body for disaster management and asset protection in the Telangana core urban region.
HYDRAA contended that it could fence lands and install boards upon receiving complaints of encroachment on public property without obtaining specific orders each time. The court rejected this submission, holding that even alleged encroachers are entitled to prior notice. It noted that the Telangana Land Encroachment Act, 1905 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 mandate adherence to due process.
While appreciating efforts to curb encroachments, the court stressed that HYDRAA must verify revenue records, follow principles of natural justice and act under the supervision of the Principal Secretary, MA&UD, as mandated in the GO.