The Telangana High Court has ruled for the demolition of a commercial complex constructed on a designated park space in Begumpet's Indian Airlines Employees Housing Colony. Chief Justice Alok Aradhe and Justice NV Shravan Kumar delivered this judgement in response to petitions filed by concerned citizens. The court also annulled the municipal permission for the complex. The land, originally meant for a park, was sold in 1996, leading to the complex's construction. The owners have been directed to fund the demolition, supervised by HMDA and housing board officials. This ruling underscores the importance of adhering to urban planning guidelines.
In a landmark judgement, the Telangana High Court has issued an order for the demolition of a commercial complex that was constructed on a 600 sq yd plot originally designated for a park within the Indian Airlines Employees Housing Colony in Begumpet. The court also directed the Hyderabad Metropolitan Development Authority (HMDA) to oversee the development of a park in the designated area.
This significant ruling was delivered by a bench presided over by Chief Justice Alok Aradhe and Justice NV Shravan Kumar. Their decision came after considering two petitions submitted by P Venkateswarlu and G Narsoji, who had contested the authorities' approval for constructing a commercial complex in a space intended for a park, in direct violation of the sanctioned layout plan. In addition to ordering the demolition, the HC bench invalidated the municipal permission that had allowed the construction of the commercial complex.
The background of this case lies in the state's acquisition of 12.5 acres for the construction of residences for Indian Airlines employees in Begumpet. In February 1986, the Andhra Pradesh Housing Board was tasked with constructing 159 houses as part of this project. The approved layout plan specifically allocated 600 sq yds for an open park space. However, in 1996, two office-bearers of the colony association controversially sold this land to individuals named P Ravi Kumar and MF Peter, who subsequently erected the commercial complex.
The HC bench has now instructed these individuals to bear the cost of demolishing the complex within three months, under the strict supervision of HMDA officials, housing board representatives, and demolition experts. The bench also dismissed the argument put forth by the owners of the commercial complex, who claimed they were granted a revised layout by the housing board that permitted construction in the area. Citing various Supreme Court judgments, the bench emphasised that there can be no excuse for deviating from the planned development of colonies and green spaces. In this case, HMDA was identified as the competent authority, and they had never approved the revised layouts thereby nullifying the sanction for the project.
This judgement is a significant victory for advocates of urban planning and green spaces in Telangana. It reaffirms the importance of adhering to sanctioned layout plans and prioritising green areas within residential colonies for the overall well-being of the community.
The judgement is also in line with the public trust doctrine. The public trust doctrine imposes a huge responsibility upon the State to see that the natural resources are protected from any kind of destruction or depletion. The State is seen as a trustee who must ensure these resources are available for public use.
In conclusion, the Telangana High Court's decision to order the demolition of the commercial complex and the subsequent development of the park is a clear message that adherence to urban planning guidelines is non-negotiable. It is essential for ensuring a better quality of life for residents and preserving green spaces within our cities.
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