Legal developments in Telangana: Project probe, construction dispute, bail petition

He said, only a CBI investigation can bring out the true facts abd hold the alleged persons accountable.

Hyderabad: 1. The Telangana State Government in compliance of the order of the Supreme Court appointed, Sri Justice Pinaki Chandra Ghose, Former Judge of Supreme Court of India to conduct an inquiry and to submit the report on irregularities in Kaleshwaram project .

The division bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Wednesday, were dealing with a batch of PILs filed challenging the corruption and irregularities made in the Kaleshwaram project, the petitioners were requesting for CBI investigation in the matter.

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Mr. K.A Paul appeared as party in person, he alleged that Kaleshwaram is the corrupt project of highest form in the history of country. Only 52% of the funds were used for the said project and the rest of it went into the pockets of politicians and authorities. He said, only a CBI investigation can bring out the true facts abd hold the alleged persons accountable.

Mr. Paul said, there is a Supreme Court Judgement which held that providing clean water is not only the state duty but a fundament right under constitution.

On the other hand, Advocate General representing for the state submitted that they have taken initiation and will further take instructions on the material filed by K.A Paul. AG informed the court that as per previous orders this court the sate through its order on March 14, has appointed former Judge to enquire into the negligence, irregularities and lacunae in Planning,

Designing and Construction of Medigadda, Annaram and Sundilla Barrages. He said, the Commission shall fix responsibilities for the lapses identified by it during its enquiry into the above matters and financial implications on the lapses identified.

K.A Paul, would submit that, he has the entire proofs and immediate action should be initiated against the people involved in the corruption in Kaleshwaram project. Speaking for the bench, Chief justice commented that, we cannot help if you are interested in giving speeches against state, the state is already taking initiation and obtaining further instructions”.

The judge further reprimanded Paul saying, no orders will be passed in this matter at your instance, you don’t tell us what to pass, we have the authority to do and we shall pass appropriate orders accordingly. The bench adjourned the matter after vacation for the report of Former Judge.

2.⁠ ⁠A two judge bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti of Telangana High Court on Wednesday refused to stay the construction of commercial building at Shaikpet village in a public interest litigation case filed seeking demolition of all the constructions on a Government/Endowment land at Shaikpet village.

Rastriya Vanarasena, a charitable trust for protection and preservation of temples in India, filed this public interest litigation case challenging the allotment of Government/ Endowment land to the Deccan Infrastructure and Land Holdings Limited to an extent of Ac 4-18 Gts of land in Sy. No. 403, Ward No 9 of Shaikpet Village which is in the heart of Jubilee Hills.

That the allotment was done in the year 2020-21 based on the E-auction value of 2013 rates by causing loss of Rs 260.69 crores to the State Revenue.

The petitioner further sought for reconstruction of Hanuman temple on the said land as a 40-year-old hanuman temple was demolished by the firm to raise the structures.

Today, when the matter was heard on restraining Red Fort Akbar Properties Pvt Ltd and others from making any new constructions on the subject land, Senior Counsel Vedula Srinivas representing on-record counsel Vivek Jain for Red Fort Company and others argued that the subject land has been allotted to them in pursuance of an arbitral award and that they have proceeded with the constructions only after obtaining necessary permissions.

Hearing both sides, the bench observed that stay order cannot be granted in this regard but the said construction shall be made subject to outcome of the petition and adjourned the matter.

3.⁠ ⁠Justice Dr. G Radha Rani of Telangana High Court on Wednesday issued notices to Anti-Corruption Bureau (ACB) in a criminal petition filed by Nagavalli Rajani alias Markala Rajani, Tahsildar and Joint Sub-Registrar of Jammikunta, Karimnagar District.

Nagavalli filed this criminal petition seeking directions to ACB to enlarge her on bail. It may be recalled that Nagavalli was arrested during the ACB raid, for holding disproportionate assets for which she did not provide any satisfactory documentary proof when compared to her source of income.

The ACB, Karimnagar arrested Nagavalli under Section 13(2) read with Sec 13(1)(e) of Prevention of Corruption Act, 1988. The Judge adjourned the matter for further hearing.