Hyderabad: The Telangana High Court has issued interim orders restraining HYDRAA (Hyderabad Disaster Response and Asset Protection Agency) from carrying out demolition drives involving alleged illegal constructions until it submits clear standard operating procedures (SOPs) or guidelines before the court.
The directive came during the hearing of a lunch motion petition filed by farmer MA Shareef from Ameenpur mandal.
Court’s interim directions
Justice B Vijay Sen Reddy clarified that, until proper procedural guidelines are placed on record, HYDRAA must refrain from undertaking coercive actions such as demolition of internal roads, compound walls, or private structures. However, the court permitted the agency to continue restoration activities related to lakes, water bodies, nalas, parks, and public roads.
The court emphasised that any action taken without due process, including the issuance of prior notice, would not be permissible. It further directed authorities to maintain the status quo with respect to the disputed lands in Ilapur village.
Petitioner’s arguments
Senior counsel Ravichander, representing the petitioner, argued that HYDRAA officials, accompanied by security personnel, arrived at around 4:30 am and demolished structures, including a water tank and compound wall belonging to a 100-year-old ancestral property.
He described the incident as resembling a “war-like situation” and alleged that no prior notice was served before the demolition.
Government’s response
Additional Advocate General Imran Khan contended that the petitioners were attempting to misuse court orders related to specific survey numbers (165 to 175, 212, and 213, covering 36.37 acres) to encroach upon over a thousand acres of government land.
He maintained that the demolished structure lacked necessary permissions and did not have an authorised electricity connection.
Court’s observations
After reviewing video evidence submitted by the petitioner, the judge noted the presence of a large number of HYDRAA personnel in uniform during the demolition.
The court expressed concern over the absence of prior notice, calling the demolition of a large structure without due process “shocking.”
The judge also pointed out that both the Supreme Court and the High Court have previously laid down guidelines for the removal of unauthorised constructions, which appear not to have been followed.
He questioned why authorities failed to act at an earlier stage if the construction was indeed unauthorised.
Need for procedural clarity
The court observed that HYDRAA is a respondent in over 100 similar cases and, in none of them, has it demonstrated adherence to a standardised procedure. While acknowledging that powers were granted to HYDRAA under Section 374B of the GHMC Act and through government orders for the protection of public lands, the court stressed the absence of a defined operational framework.
Until such procedures are formally submitted, the court has restricted HYDRAA’s actions to safeguarding public resources only, barring demolitions in other areas.
Conclusion of proceedings
The High Court concluded by directing maintenance of the status quo in the Ilapur land dispute and reiterated the necessity for lawful, transparent, and standardised procedures before undertaking demolition activities.
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