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Plea against GHMC BRS adjourned to Wednesday
The PIL bench of the High Court at Hyderabad comprising Acting Chief Justice Dilip B Bhosale and Justice P Naveen Rao on Monday adjourned to Wednesday a petition questioning the Ordinance issued amending the Greater Hyderabad Municipal Corporation Act to implement the Building Regularisation Scheme. The bench was dealing with a public interest writ petition filed by Forum for Good Governance.
Hyderabad: The PIL bench of the High Court at Hyderabad comprising Acting Chief Justice Dilip B Bhosale and Justice P Naveen Rao on Monday adjourned to Wednesday a petition questioning the Ordinance issued amending the Greater Hyderabad Municipal Corporation Act to implement the Building Regularisation Scheme. The bench was dealing with a public interest writ petition filed by Forum for Good Governance.
The petitioner complained that the government of Telangana had passed an order in October last amending the GHMC Act to regularise illegal constructions in the GHMC limits. Telangana Advocate General K Ramakrishna Reddy pointed out that the cause of action in the petition does not survive in view of the Ordinance issued on February 4, 2016 for amending the Act.
The counsel for the petitioner Sivaraju Srinivas pointed out that there were other aspects to the present public interest petition that included the Hyderabad Metro Water Works and Sewerage Board and the Power Distribution Company with regard to unauthorised constructions. He pointed out that the rules made clear that the HMWS&SB had to collect three times more tariff from an unauthorised structures. “The court has power to strike down the Ordinance.
What is the purpose of Building Rules and Regulations if the illegal structures regularising again and again? If the buildings which are less than 18 meters height are to be regularised despite of not having a minimum setbacks to move a fire tender the people live in those building will virtually in fire trap,” speaking for the bench Acting Chief Justice Dilip B Bhosale said.
The bench permitted the petitioner to amend his petition questioning the Ordinance pointing out that the bench had the power to do so. It pointed out to a similar judgement of the Bombay High Court and directed the petitioner’s counsel to submit the same by Wednesday and adjourned the matter.
