N-Convention approached the Hon’ble High Court challenging a sudden action of HYDRA to demolish the building in the early hours around 8 O’clock. At 9.04 AM, the officials of HYDRA served a proceeding, dt.08.08.2024 said to be u/s 636 of GHMC Act. Immediately, a House Motion was moved before the Hon’ble High Court. The matter was taken-up virtually around 1.00 PM.
The main contention of the petitioner was that:They are in possession of about Ac.6.30 gts. of land since 1992 purchased through registered Sale Deeds and these properties are patta lands and mutated in the name of Mr. Akkineni Nagarjuna in Revenue Records. The N-Convention building is constructed in this property. Hence, the building is in patta land and not a single inch of Government land/Tank land is encroached.
The land owned by the petitioner is adjacent to Thammidikunta Tank, which is comprised in Survey No.36. The Revenue Records show its extent as Ac.20.07 gts. Hence, as per the Building Byelaws/Zonal Regulations, FTL is only 9 meters. However, by a mala fide action, depending upon a private survey, the then Government issued proceedings stating that the area of Thammidikunta is Ac.29.00 gts. and hence the FTL is 30 meters. So, the whole controversy is whether the tank is 20 acres or 29 acres. This matter has been brought to the Civil Court where O.S.No.733 of 2017 is pending between the Parties, including GHMC. Meanwhile, on the Report of the Collector & HMDA stating that the extent of Thammidikunta tank is Ac.20.07 gts., the land Land Grabbing Court recorded the statement and passed an Order. Therefore, the controversy is in the area of the tank and there is no encroachment by N-Convention.
Further, when the BRS application of N-Convention was rejected for regularization of the building, they approached the Government of Telangana, which passed a status order in the year 2021, which is still operating.
Added to the above, in the Hon’ble Supreme Court, the matter relating to Survey No.11 which is part of Ayyappa Society litigation is pending and Hon’ble Supreme Court also passed status quo.
Arguments were addressed on all these points and on the procedure of demolition being taken-up and after hearing the Respondent Government and GHMC, the Court prima facie found that the action of demolition is not correct and hence, ordered both the parties to maintain status quo and posted the matter after two weeks.
From the above it is clear that the authorities acted in post-haste for extraneous purposes and targeted the N-Convention without any legal basis. However, the matter is now sub judice and will be decided by the Hon’ble Court.
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