Telangana HC seeks details of lakes in HMDA limits
Human Rights and Consumer Protection Cell Trust challenged illegal and unauthorized constructions by the National Institute of Tourism and Hospitality Management in the FTL buffer zone of water body Rammamma Kunta Lake.
By Legal Correspondent
1. For the first time after the formation of Telangana state, a full bench of Telangana High Court with Five Judges convened hearing on a matter pertaining challenges in the Non-Agriculture Land Assessment (NALA) Act, 1963. The full bench was comprising of Chief Justice Alok Aradhe, Justice Abhinand Kumar Shavili, Justice T Vinod Kumar, Justice K Lakshman and Justice B Vijaysen Reddy were dealing with batch of Writ Petitions from the year 1992 to 1998, pertaining to NALA Act, 1963. The batch of matters have come up for consideration in view of the order dated 22.11.2005 passed by the Supreme Court in Civil Appeal Nos.2885-3035 of 1998. The said petitions were remitted to high court to consider them as afresh. The issue under challenge was that a demand notice issued by the then MRO in the year 1991 and 1992 was in not in consonance NALA Act,1963. The bench was constituted as the Court was required to consider the matter afresh in the light of the decision of the Supreme Court in State of West Bengal v. Kesoram Industries Limited. The Advocate General, brought to the notice of the court that the Supreme court has doubted the Five judge bench decision in Kesoram Industries case. In view of divergence of views of the decisions of the Supreme Court. A Nine Judge Bench has heard the reference on March 14,.2024 and has reserved the same for judgment, the AG said. The court after observing the said contentions opined, that it is appropriate to await the decision of the Nine Judge Bench of the Supreme Court and deferred the hearing.
2. The Telangana High Court heard the submissions of HMDA Commissioner, Sarfaraz Ahmed through virtual hearing in a matter pertaining to notifying the buffer zone for all existing water bodies in the limits of HMDA. The division bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti was dealing with a PIL filed by Human Rights and Consumer Protection Cell Trust who challenged illegal and unauthorized constructions by the National Institute of Tourism and Hospitality Management in the FTL buffer zone of water body Rammamma Kunta Lake. On the earlier occasion, the bench summoned the HMDA Commissioner to appraise the court with the compliance of directions to notify the buffer zones for all the lakes. Today, the Advocate General representing the State filed a report stating that there are 3532 lakes existing in the limits of HMDA, out of which 230 lakes were notified and a final notification was published. A preliminary notification was issued with respect to 2525 lakes so as to notify them in buzzer zones, the AG added. Speaking for the bench, the Chief Justice directed the State to fasten the process of issuing the final notification with respect to 2525 lakes and enquired the status of remaining lakes. The bench further directed the State to file compliance report on the steps taken by the State to notify the remaining lakes. On the other hand, the counsel for petitioner highlighted the encroachments made in the Ramammakunta lake and sought directions to State to remove the same. The Advocate General told to Court that they have identified the encroachments and that they will initiate steps to remove the encroachments at earliest by filing compliance report. Accordingly, the bench adjourned the matter to November 4 for further hearing.
3. A Two-Judge bench of Telangana High Court comprising chief justice Alok Aradhe and Justice Anil Kumar Jukanti on Tuesday took on record the undertaking given by Bar council of India to grant of approvals/recognition to law colleges situated across the State of Telangana shall be completed on or before 4th of August, 2024. The division bench was dealing with the public interest litigation case filed seeking directions for timely admissions into law courses LLB and LLM starting from the academic year 2024-2025. A. Bhaskar Reddy, an advocate filed this PIL case seeking directions to Bar Council of India, Osmania University and others to strictly adhere to the academic calendar by completing the counselling and admissions to LLB, LLM prior to the month of July every year. It may be recalled that on the earlier occasion the court has appointed Senior Counsel P. Sri Raghu Ram as amicus curiae. Today, the senior counsel has apprised the court there is delay in the process of admissions because annual permissions are required to be taken from the University as well as the Bar Council of India. He further emphasized the need for fixing the time frame for grant of annual permissions/recognitions from the University as well as Bar Council of India to ensure that the academic schedule is adhered to and the process of admission into L.L.B., course is completed on time. Additional Advocate General informed the Court that counselling for admission to L.L.B., course in the State of Telangana has been tentatively fixed from 5th of August, 2024. In response to the same Senior Counsel L. Ravichander, representing Standing Counsel for Bar Council of India submitted that the Bar council will make the list of colleges for counselling by August 4. The bench further opined that the Court would like to lay down the guidelines as well as the time schedule qua admissions to L.L.B., course from the next academic year onwards. Accordingly, the matter got posted to August 12.
4. Justice K Lakshman of Telangana High Court opined to appoint retired District Judges to record the evidence in an election petition filed by Ajmera Shyam, Congress party member against Kova Lakshmi, BRS MLA of Asifabad Assembly constituency. The counsel representing the petitioner argued that Kova Lakshmi did not disclose her assets and liabilities as mandated in the form 26 of election affidavit and sought directions to declare her election as null and void. Hearing the same, the judge struck off the names of Election Commission of India, District Election officer and the Returning Officer of Asifabad constituency from the case as they are not necessary parties. The counsel for petitioner placed on record the draft issues which are essential to be decided while dealing with the case. Accordingly, the judge adjourned the matter to August 1 for framing of issues.
