Telangana HC pulls up State govt for failing to file counter-affidavit over Metro Rail Phase II works

The direction was issued in a Public Interest Litigation (PIL) filed challenging the proposed metro alignment which passes through several notified heritage precincts, including Charminar, Falaknuma, Darul Shifa, Mughalpura Tombs, and Azakhana-e-Zehra.

Hyderabad: Acting Chief Justice Sujoy Paul and Justice Renuka Yara of the Telangana High Court on Thursday came down heavily on the State government for its failure to file a counter-affidavit despite taking nine adjournments, and accordingly passed interim orders staying construction activities along Corridor 6 of Hyderabad Metro Rail Phase-II—from Mahatma Gandhi Bus Station (MGBS) to Chandrayangutta—until compliance with relevant heritage protection laws is demonstrated.

The direction was issued in a Public Interest Litigation (PIL) filed by Mohammed Rahim Khan, president of the Act Public Welfare Foundation (APWF), challenging the proposed metro alignment which, according to the petitioner, passes through several notified heritage precincts, including Charminar, Falaknuma, Darul Shifa, Mughalpura Tombs, and Azakhana-e-Zehra.

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The petitioner submitted that the project had proceeded without a mandatory Heritage Impact Assessment (HIA) as required under the Telangana Heritage Act, 2017, and the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). It was also alleged that the requisite statutory approvals from conservation authorities had not been obtained.The PIL further sought the constitution of an independent expert committee comprising heritage professionals, planners, and environmental experts to examine the metro alignment and oversee protective measures. It also requested the reinstatement of Regulation 13 of the HUDA Zoning Regulations, 1981, or a suitable regulatory framework to protect Hyderabad’s heritage.

During the proceedings, the Court noted that although the petition was filed on January 31, the State had failed to respond with a counter and now sought an additional three weeks’ time. The Judge, expressing dissatisfaction with the delay, directed that no further construction activity shall be undertaken along Corridor 6 unless the State files its response and demonstrates adherence to applicable heritage laws. The matter has been adjourned for further hearing.