Officials asked to serve notice before demolishing illegal bldgs

​Hyderabad: Encroachers, whose homes and other illegal structures have been facing demolition, got a breather on Friday from the High Court.

Justice M S Ramachandra Rao of Hyderabad High made it clear that the Telangana State government should arrive at a balance between the laudable objective of removal of illegal encroachments on nalas in the city with protecting the citizen from arbitrary or whimsical actions of the officers.

The judge directed that the officials will give two weeks notice to citizens to respond before proceeding with any demolition of alleged illegal constructions. The judge made the order in a batch of writ petitions filed by various residents complaining that officers were resorting to demolitions without giving any opportunity at all.

State Advocate General K Ramakrishna Reddy stressed the need to remove the encroachments forthwith. He said the officers would follow a lawful method and would not act arbitrarily. He said the demolitions would be carried out division-wise but expeditiously.

The judge then said he would pass general order. Justice Rao also made it clear that the court appreciated and lauded the intention of the State to remove the illegal encroachments on nalas, tank beds which led to inundation of certain areas.

The judge recalled that issuance of proper notice and giving opportunity was also necessary. The demolitions without notice would cause hardship to children, elders and sick in these structures. Justice Rao issued a series of guidelines which included giving prior notice to the occupants of the structure which is allegedly on the nala, tank bed.

The officer shall disclose all material available to show that they were illegal structures. The affected persons should give explanation within two weeks and then an order disclosing the reasons why the proposed demolition was justified would be made.

The court made it clear that till such order was communicated the demolition would not be carried out. It was also made clear that the affected persons shall not make any fresh or further construction.