HC: Why not sack GHMC chief

Chief Justice loses cool on piling up of petitions on illegal constructions

With dozens of petitions being filed regarding illegal constructions in Hyderabad, the High Court observed on Friday that this could be happening only because GHMC personnel from the senior ranks to the junior levels have developed a thick skin and an obstinate attitude.

Opining that this could be changed only by way of taking stringent action against the erring officials, a division bench comprising Chief Justice Raghavendra Singh Chauhan and Justice A Abhishek Reddy asked the state government to get rid of all the officials who are responsible for the continuation of illegal constructions.

The bench directed the principal secretary, municipal administration and urban development, and the GHMC Commissioner to be present in the court on April 24 to give a detailed explanation on the efforts made by them in the matter of the huge number of petitions by aggrieved residents complaining of illegal constructions that are pending before the court.

Before appearing in court, the officers have

In case this court comes to the conclusion that the Greater Hyderabad Municipal Corporation (GHMC) has failed to discharge its duties in implementing the law, and failed to stop the menace of illegal constructions being raised, extremely serious view shall be taken by the Court.

— RAGHAVENDRA SINGH CHAUHAN

Chief Justice of Telangana High Court

been directed to examine every single complaint with regard to illegal constructions and inform the court what firm steps the GHMC and the municipal administration department has taken with regard to illegal constructions.

“In case, this court comes to the conclusion that the GHMC has failed to discharge its duties in implementing the law, and failed to stop the menace of illegal constructions being raised, extremely serious view shall be taken by the Court,” the Chief Justice warned. The CJ further directed the Registry to send a copy of this order to the Commissioner GHMC immediately for his information.

The division bench was dealing with two writ petitions, one filed by Shivaji Done from Gaddianaram and another by P Darshan from Siddiamber Bazaar, complaining of illegal constructions in their localities.

Sending a strong message to the government that the court was firm in its resolve, the Chief Justice said, “Last time, this court had directed the Commissioner, GHMC, to deal with this menace but still this court is flooded with pleas on the same issue. If that be so, why doesn’t the state get rid of the Commissioner, GHMC, when he is not implementing the law and has failed to deal with the menace of illegal constructions? Further, suspend all the deputy commissioners and initiate departmental enquiry against them.”

The Chief Justice further said, “The GHMC Commissioner and his staff cannot be permitted to sleep over this perennial issue which has engulfed Hyderabad city, going by the fact that the High Court is flooded with huge number of PILs and writ petitions complaining of illegal constructions and illegal encroachment of lakes, ponds, vacant government land etc. The staff is paid not to they are paid the law.”

Finding fault with the decision of the state government, in issuing GOs after every five years, facilitating the persons resorting to illegal constructions by regularising illegal constructions, Chief Justice Chauhan said that this is not the way to deal firmly with this menace and pointed out that a batch of writ petitions and Public Interest Litigations have been filed in the High Court, challenging those GOs also.

Recalling his visit to the NALSAR University of Law in Shameerpet, Chief Justice Chauhan said, “already the officials have permitted illegal constructions around the lake and this lake will not get water because of these illegal constructions. The lake will die a slow death - everyone is waiting for the lake to die so that lay out is created from the lake to benefit the illegal encroachers.”The bench expressed deep concern over the damage which is being done to the environment due to illegal constructions. “We are damaging our own environment. We ourselves are permitting our lakes to die and the catchment areas are being built on, sleep, but to implement converting them into mushrooming concrete buildings. The day is not too far when we will reminisce about the Shameerpet Lake in our memories,” observed the Bench.

Chief Justice Chauhan said that if the present trend of illegal constructions continues, “then the day is not too far, when this beautiful city of Hyderabad will be converted into the horrible city of Patna. You are welcome to do so but I will be hurt to see that our beautiful city of Hyderabad turn into a nightmare city like Mumbai and Patna. Our forefathers created this beautiful city of Hyderabad not only for us to live in, but also for future generations to live in, in a clean environment. The Telangana government is the trustee of its lands and ponds and it is duty bound to protect its own lands and lakes.”

Not mincing his words the Chief Justice told GHMC officials to “start performing your duty or else this court will take up such task, and then do not complain that the High Court is very tough with bureaucrats. This Court will decide the menace of illegal constructions and encroachments once and for all.”