Hyderabad: Justice T. Vinod Kumar of the Telangana High Court has ruled that authorities do not need to issue notices before demolishing buildings constructed on lake land.
This ruling came during the hearing of a petition filed by Uma Mahesh Verma and Ramesh, challenging the demolition of structures in the buffer zone of Aminpur Lake by the Hyderabad Metropolitan Development Authority (HMDA) on September 8.
The court stated that documents from 1970 are needed to assess the original extent of the 400-acre lake, dismissing the relevance of documents issued in 2007. It was noted that the 1970 documents would accurately show the Full Tank Level (FTL) and buffer zone of Kotha Cheruvu, which was the area in question.
The petitioner’s lawyer argued that the authorities demolished buildings spread over nine acres despite the presentation of documents, government orders, and other proofs. He insisted that the structures were not in the FTL area, and any action by the authorities should have required prior notice.
However, the court reiterated that if a building is within the FTL area or the buffer zone of a lake, no notice is necessary before demolition. Justice Vinod Kumar referred to the Supreme Court decision in the Olga Tellis case, noting that similar provisions exist in the Greater Hyderabad Municipal Corporation (GHMC) Act. The court emphasized that in cases of encroachment on lake buffer zones, notice is not required before action.
The judge further highlighted that Kotha Cheruvu and Peda Cheruvu are connected lakes that have been divided and damaged by illegal construction, including roads. He noted that these lakes were once biodiversity hotspots, attracting various bird species, as mentioned by renowned ornithologist Salim Ali in his works.
In response to the petitioner’s concern about protecting the nine acres of land, the judge humorously remarked that no one would touch the land now, quoting a Telugu proverb that implies it would be a wasted effort.
