Telangana HC Orders Demolition of Commercial Building – Advocates Park Restoration

Telangana HC mandates the removal of an illicit commercial complex, urging HMDA to reclaim the space for a park. Legal victory for petitioners.

The Telangana High Court has mandated demolishing a commercial complex on a 600 sq. yards plot designated for a park in the Indian Airlines Employees Housing Colony in Begumpet. Chief Justice Alok Aradhe and Justice NV Shravan Kumar, presiding over the case, pronounced the judgement following petitions by P Venkateswarlu and G Narsoji, challenging the authorities' approval of the commercial complex contrary to the sanctioned layout plan.

The court further directed the Hyderabad Metropolitan Development Authority (HMDA) to initiate the development of the long-awaited park in the right area. The ruling also nullified municipal permission granted for the construction of the commercial complex.

The legal battle traces back to 1996 when two office-bearers of the colony association unlawfully sold a 600 sq yards open space meant for a park to individuals P Ravi Kumar and MF Peter. Defying the sanctioned layout, they proceeded to construct the commercial complex, prompting a legal challenge by Venkateswarlu and Narsoji.

Overlooking the importance of preserving green spaces, the HC bench cited Supreme Court judgments emphasising the imperative of orderly development and safeguarding designated areas for parks and open spaces. The court rejected arguments from the commercial complex owners, emphasising that the competent authority, HMDA, had never approved the revised layouts granting permission for the structure.

The court has given the individuals responsible for the unauthorised complex three months to bear the cost of its demolition. The process is to be conducted under the supervision of HMDA, housing board officials, and demolition experts, ensuring the restoration of the area for its intended purpose.