HC orders status quo on Fatima Owaisi Educational Institution building

Telangana High Court issues restraining order against GHMC officials from taking any coercive action

Justice B Vijaysen Reddy of the Telangana High Court on Monday directed maintenance of status quo in respect of the Fatima Owaisi Educational Institution building and restrained the authorities from taking any coercive action while considering a plea filed by the Salar-e-Millat Educational Trust alleging attempts by GHMC officials to demolish the structure. The Trust, which manages the institution, moved the High Court by way of a lunch motion contending that it had applied in 2016 for regularisation of the building under the Building Regularisation Scheme (BRS) and that the application was still pending. It alleged that despite no final decision having been taken on the application, GHMC officials were attempting to interfere with and demolish the building.

Senior Counsel B Mayur Reddy, appearing for the petitioner, submitted that the authorities could not resort to demolition when the regularisation application remained pending. Opposing the plea, counsel for the GHMC contended that the writ petition was not maintainable and submitted that the building falls within the Full Tank Level (FTL) of Salkam Cheruvu. It was further submitted that proceedings relating to the issue were already pending before another Bench of the High Court and that the final FTL notification had not yet been issued. Therefore, no interim protection ought to be granted, the GHMC argued. After hearing the rival submissions, Justice Vijaysen Reddy directed all parties to maintain status quo until further orders and issued notices to the GHMC Commissioner, the Rajendranagar Zonal Commissioner, the Chandrayangutta Deputy Commissioner and other respondents calling for their response. The matter was adjourned to August.

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The issue also forms part of separate proceedings pending before Justice N.V. Shravan Kumar concerning the building permissions, FTL status and approvals relating to the institution, which are scheduled to be taken up on July 9.