Hyderabad: The Telangana High Court has once again questioned the manner in which the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) is fencing lands, directing it to remove a fence erected at the Full Tank Level (FTL) of Mondikunta at Khanamet in Serilingampally mandal.
Justice NV Shravan Kumar passed the interim order on Monday while hearing a writ petition filed by local agriculturalist G Mahipal Yadav.
Demolition without notice alleged
The petitioner challenged the action of irrigation and HYDRAA officials in demolishing sheds on his land, contending that the authorities acted without issuing prior notice and without considering the revised FTL map issued by the irrigation department.
According to the petitioner, HYDRAA officials arrived at the land over the weekend, demolished the sheds and subsequently erected a fence at the site.
Court questions procedure
During the hearing, Justice Shravan Kumar questioned HYDRAA’s counsel on how the agency could enter the land and raise a fence without following due procedure or serving notice to the affected party. Taking serious note of the alleged procedural lapses, the judge directed HYDRAA to remove the fence constructed at the site.
The court also instructed the agency to file its counter-affidavit addressing the issues raised in the petition. The matter has been posted for further hearing after two weeks.
Comes amid wider judicial scrutiny
The latest order comes in the backdrop of a series of recent observations by the High Court over HYDRAA’s handling of disputed and government lands.
In a case relating to fencing of private land in Gudimalkapur, the court had criticised HYDRAA for erecting fences and installing boards declaring lands under its protection without producing supporting title deeds.
Justice Shravan Kumar had then remarked that the agency cannot act as “its own judge and court” and cannot assume adjudicatory powers without due process and comprehensive verification.
The High Court had also directed the government to publish in the official Gazette a list of government lands or lands in which it has an interest, and to update it periodically.
It further ordered that details of lands falling under Section 374-B of the GHMC Act be uploaded on the GHMC website to ensure transparency and enable landowners to verify their title documents.
Narsingi case
In another case concerning land in Narsingi, the court had directed HYDRAA to remove fencing within 48 hours while allowing a board claiming the land as government property to remain, noting that fencing during the pendency of a civil dispute was impermissible.
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