No demolition without court nod for SOP, HC tells HYDRAA

Hyderabad: Raising serious objections to the "high-handedness" of HYDRAA, the Telangana HC on Monday restrained the agency from proceeding with demolitions of unauthorised constructions without first placing its standard operating procedure (SOP) before the court. It directed the agency to limit its activities strictly to the removal of encroachments and the restoration of water bodies, nalas, parks, and public roads.The directions were issued by Justice B Vijaysen Reddy while hearing a lunch motion that challenged the demolition of a century-old structure, along with other buildings, on a farmhouse in Ameenpur. The property in question spans 36.37 acres across multiple survey numbers.Ordering maintenance of status quo, the court directed HYDRAA to file its counter affidavits within two weeks. The matter has been posted for further hearing on April 20. Expressing displeasure, the court criticised HYDRAA for creating what it described as a "war-like situation" while carrying out demolitions, particularly during pre-dawn hours, without adherence to any established SOP or clarity regarding the legal framework governing such actions. The judge directed the agency not to take any coercive steps—including demolition of unauthorised constructions, removal of internal roads, or dismantling of compound walls—until it submits its SOP or guidelines in accordance with the provisions of the GHMC Act, the Municipalities Act, or any other applicable laws.The court further observed that several "unauthorised actions" undertaken by HYDRAA, ostensibly in the public interest, appeared to have been carried out at the instance of private individuals, despite multiple HC orders cautioning against such actions.Referring to the Supreme Court's 2024 directive against "bulldozer justice", which mandates a minimum notice period of 15 days before any demolition, the judge emphasised the necessity for strict judicial scrutiny. He remarked that HYDRAA's actions appeared inconsistent with established legal procedures and the fundamental principles of natural justice, warranting firm intervention by the court.Noting that nearly 100 cases involving HYDRAA were currently pending before him, the judge observed that in none of these instances had the agency demonstrated adherence to any SOP. He further pointed out that, even after a year of its existence, there remains a lack of clarity as to whether HYDRAA operates under the GHMC Act, the Municipalities Act, or any other statutory framework. This persistent ambiguity, coupled with its manner of functioning, indicated that its actions were not aligned with proper legal direction, despite its claims of restoring several water bodies in and around Hyderabad. Earlier, senior counsel L Ravichander, appearing for the petitioner—a 98-year-old farmer, M A Shareef—alleged that HYDRAA officials, accompanied by local police and revenue personnel, arrived at the farmhouse in Ameenpur at approximately 4 am on April 11 and proceeded with demolitions without issuing any prior notice. The counsel said, in addition to a large water tank, several sheds and other structures were demolished. The officials were also accused of seizing 12 CCTV cameras along with their data storage device.In response, additional advocate general Mohd Imran Khan defended HYDRAA's actions, asserting that the petitioner had attempted to encroach upon extensive tracts of govt land and that the demolished structures had been constructed without the requisite permissions.While examining photographic and video evidence submitted before the court, the judge expressed concern over the demolition of a substantial structure without prior notice, based merely on the assumption that it lacked sanctioned approval. He also criticised the authorities for their failure to act at the initial stage of construction. Observing that timely intervention could have prevented the situation, the court remarked that the authorities had effectively allowed the structure to come up unchecked, only to later contend that it was unauthorised.