Telangana High Court issues interim order on GO RT 140 of Tribal Welfare dept

Hyderabad: The Telangana High Court single bench headed by Justice Bollam Vijaysen Reddy on Friday heard two writ petitions, one filed by Madi Saibabu and three others from Mulugu district and the other filed by Tejavath Shankar, farmer from Bhadradri-Kothagudem district and two others, questioning the unreasonable and discriminatory action of the government in issuing an impugned GO Rt.No.140, Tribal Welfare (Services-II) Department, dated September 11 for constitution of District Coordination Committees for lands under Podu cultivation. Justice Bollam Vijaysen Reddy further stayed the meetings of District Co-Ordination Committee of Tribal welfare department for the disposal of claims over the rights on Podu cultivation in the forest lands until further orders

Counsels for the petitioners, CH Ravi Kumar and Prabhakar Chikkudu, vehemently argued before the court and submitted that the constitution of the District Coordination Committees by way of the GO is illegal and unconstitutional.

They further submitted that the cultivation rights are dealt by the Forest Rights Act, 2007 which is a Central Act and the State does not have power to constitute a new super committee which is against the Act and its rules there under.

They further submitted that the State has brought the impugned committee with a malafide intention to supersede the State Level Committee. It's a fact that already there are Sub-divisional Committees, District-level Committees and State-level Committees in accordance with rules of the Act, they added.

Special Government pleader Andapally Sanjeev Kumar submitted redundant submissions before the Court that the intention of the State is to prevent further encroachment over the forest lands only and it has nothing to do with the disposal of claims on PODU Cultivation Rights.

Justice Bollam Vijaysen Reddy observed that prima facie the Court is of the view that there is confusion in the GO which is under challenge. Further, he mentioned that, let there be clarity in the GO. The government may come with the New GO, Justice Bollam opined.

Hearing all the contentions of the Petitioners Counsels and Spl GP, Justice Bollam Vijaysen Reddy passed the interim direction suspending the GO RT No. 140 issued by the Tribal Welfare Department and further directed not to conduct District Coordination Committee meetings until further orders.

For further hearing, the matter was posted to October 21.

GHMC HEAD APPEARS BEFORE HC

The High Court division bench comprising of Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy on Friday heard the public interest litigation filed by Save Our Urban Lakes (SOUL), represented by its former convener Dr Jasveen Jairath from Banjara Hills in Hyderabad seeking to declare the action of the GHMC in filling up land and taking up construction activity opposite to Sanjeevaiah Park which falls within water spread area.

Further, the petitioner alleged that the inaction of the State government and its authorities as illegal and unconstitutional. The petitioner submitted before the Court to direct the State government and its concerned authorities to remove the constructions made including the land fill walls, concrete structures opposite Sanjeevaiah Park in the Hussain Sagar Lake area.

Moreover, to restore the lake to its pristine glory after declaring that the land which is part of the lake buffer zone cannot be filled and used for any purpose or to raise structures even if it is adjacent to the road.

Adhering to the court orders, GHMC Commissioner Lokesh Kumar, on Friday appeared before the CJ bench.

Chief Justice Ujjal Bhuyan queried what made the officials who did not file the affidavit since 10 long years, which the plea has been filed in the year 2012 and notices given by the court.

GHMC Commissioner Lokesh Kumar informed the Court that due to delimitation of GHMC circles in 2016, could not be able to file the affidavit, and filed the affidavit before the Court on August 23.

Further, Lokesh Kumar requested the court to dispense him from further appearing before the court that, as being in an official capacity he will abide by the law.

Consenting to the request of the GHMC Commissioner Lokesh Kumar, the CJ bench barred him from further appearing.

Further, the Court directed to give counter copies to all the parties in the plea. The matter adjourned to November 16.