HYDRA’s legal sanctity under scanner
As the Hyderabad Disaster Response and Assets Protection Agency (HYDRAA) continues to crack its whip on structures allegedly constructed in the full tank level areas and buffer zones of lakes and on government lands, questions are being raised over the very legal sanctity of the agency.
Hyderabad: As the Hyderabad Disaster Response and Assets Protection Agency (HYDRAA) continues to crack its whip on structures allegedly constructed in the full tank level areas and buffer zones of lakes and on government lands, questions are being raised over the very legal sanctity of the agency.
To begin with, the Telangana Core Urban Region (TCUR) has to be notified for entrusting the task of disaster management in TCUR limits to a single agency like HYDRAA. As per GO 99, the State government has referred to the area comprising the entire GHMC and those of Hyderabad, Rangareddy, Medchal Malkajgiri and Sangareddy districts up to the Outer Ring Road. The legal hurdle in this context, according to legal experts, is that, without notifying the TCUR jurisdiction through proper legislation, the State government’s reference and declaring the entire GHMC area and those within the ORR as TCUR is indefensible.
More so, with just the one reasoning that a disaster management mechanism was lacking within the ORR region, the government’s efforts to implement provisions of GHMC to areas beyond GHMC through HYDRAA is unjustified. Another striking aspect here is that provisions of the GHMC Act are being made applicable to areas beyond the corporation limits. This is in violation of the provisions listed out in the Gram Panchayat Act and Municipal Act, they point out.
There is another conflict well. As per GO 99, the State government declared HYDRAA as a single and unified agency for disaster management in TCUR. However, HYDRAA has taken over the powers of different authorities under various legislations, including Telangana Municipalities Act, 2019, The Telangana Panchayat Raj Act, 2018, Greater Hyderabad Municipal Corporation Act, 1955, Hyderabad Metropolitan Development Authority Act, 2008 and The Telangana Urban Areas (Development) Act, 1975. In this case, HYDRAA’s Asset Protection Wing mandate is contradictory to the agency’s objectives. Also, the order does not specify and does not source any promulgated legislation or the Acts mentioned above.
Generally, any agency or an organisation is entrusted with powers through legislation. In HYDRAA’s case, there is no such statutory or legislative backing, making things evident about ‘use’, or ‘abuse’, of power.
Interestingly, the Greater Hyderabad Municipal Corporation Act, 1955, has its own provisions. With regard to the Enforcement Vigilance and Disaster Management (EVDM), functions were listed out by providing powers to act according to its mandate. Renaming or replacing EVDM with HYDRAA without providing any source to the legislation, notifying the same through a government order is null and void, legal experts say.
More importantly, HYDRAA authorities eclipse and subordinate several authorities including those, who have been constituted and are being notified and functioning under respective legislative enactments. The penal and regulatory powers of such authorities, which are sourced through legislative enactments, are also being entrusted to authorities entitled under HYDRAA.
Attempts should have been made to seek amendments to the existing legislation or to enact a new legislation that clearly defines the role, powers, and jurisdiction of HYDRAA. Merely declaring the area within ORR as a TCUR limit and the subsequent establishment of HYDRAA were not done through any proper legislative process or notification, they point out.
Considering all these factors, they assert that GO MS 99 lacks legal support required to confer the powers and defining the jurisdiction of HYDRAA, adding that in issuing GOMS 99, the legal framework was bypassed.
The imposition of HYDRAA’s authority over areas governed by local bodies, such as panchayats and municipalities, undermines the autonomy and powers of these local self-governing institutions. It also overtakes the powers of these local bodies and violates the constitutional mandate to empower local self-governance, they added.
Owaisi questions HYDRAA’s legality
Coming down heavily on the Congress government over constituting HYDRAA and conferring powers to demolish structures, Hyderabad MP Asaduddin Owaisi said the agency lacked any statutory backing.
AIMIM corporators had approached Mayor Gadwal Vijayalaxmi and explained to her that HYDRAA lacked any legislative or legal backing. It was under public domain. This apart, AIMIM MLA Kousar Mohiuddin also met Chief Secretary A Santhi Kumari and raised the same issue, the AIMIM chief said at a press conference here on Sunday.
Recalling his childhood days, he said there used to be a waterfall at the current Greater Hyderabad Municipal Corporation’s office location. Similarly, Necklace Road was under the Full Tank Level limits of Hussain Sagar. Would the government demolish the road, he asked, pointing out that even a unit of the Centre for Cellular and Molecular Biology (CCMB) was at Himayat Sagar.
“During the Nizam era, stones were installed marking the FTL areas of the lake. They are still there and officials can check. The same was informed to the Chief Secretary and Mayor as well. Now, the Government has to take a call,” Owaisi said.
