Tribunal: Telangana High Court directs Ministry of Railways to file counter

Hyderabad: A two-judge Bench of the Telangana High Court comprising Chief Justice Satish Chandra Sharma and Justice N Tukaramji on Monday adjourned by one week a PIL filed by Railway Claims Tribunal Advocates Association challenging the inaction of the Ministry of Railways in appointing Vice Chairman / Judicial Member to the Railway Claims Tribunal at […]

Hyderabad: A two-judge Bench of the Telangana High Court comprising Chief Justice Satish Chandra Sharma and Justice N Tukaramji on Monday adjourned by one week a PIL filed by Railway Claims Tribunal Advocates Association challenging the inaction of the Ministry of Railways in appointing Vice Chairman / Judicial Member to the Railway Claims Tribunal at Secunderabad. The petitioner also sought a direction to the Ministry of Railways to appoint a Judicial Member/Vice Chairman to the Railway Claims Tribunal Secunderabad forthwith in the PIL. The counsel, appearing for the Ministry, informed the court that the process for the appointment was already initiated. The Bench directed the Ministry of Railways to file its counter by next week.

False documents
The Bench posted a PIL filed by Mohd Abdul Aleem challenging the inaction of the State Revenue authorities in not taking action against Mohd Nemathulla Hussaini for creating false documents in respect of government land under Town Survey No 2 Block E Ward No 171 Correlated to survey No 38 Saidabad, Hyderabad. The petitioner contended that he raised several complaints in this regard, however, the authorities failed to take any action. The inaction by the authorities would amount to dereliction of duty. The petitioner also contend that this amounts to indirect land grabbing. The Bench posted the case to April 7 2022.

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Illegal constructions
The Bench directed the civic authorities to take action in accordance with the law against Namitha Builders for illegal constructions. The Bench was dealing with a PIL filed by one G Jeevith Reddy challenging the inaction of the civic authorities despite his complaints against the illegal structures constructed by Namitha Builder at Road No 3 Banjara Hills.

The counsel, appearing for the Namitha Builders, said that they have already applied for regularisation of the unauthorised constructions which is pending before the civic authorities. After hearing both sides, the Bench made the order requiring the authorities to exercise their powers under the GHMC Act. The Bench gave similar directions in another PIL filed by one Potharaju Sreekanth complaining about illegal constructions being carried out in Ganesh Basthi Kothagudem Badari Kothagudem district. He complained that the Municipal Commissioner of Kothagudem district has turned a deaf ear to his representations to stall the unauthorised constructions. The Bench directed the Municipal Commissioner to take action on the erring parties as per law.

Nala desilting
The Bench adjourned by 8 weeks a PIL filed by Nala Bazar Residents Welfare Association challenging inaction of the officials of the civic authorities in providing hygienic environment by desilting of nala/drain and not laying 2,000 mm diameter sewer pipes to tackle water logging problem. The petitioner also sought direction to the civic authorities to take immediate steps for the desilting of drain/nala and removal of garbage to avoid water clogging during monsoons and to lay sewer pipes to tackle the water logging problem from Nala Bazar of Chitra Dargah Rashtrapathi Road.

Environmental compensation
The Bench directed Mylan Laboratories Limited to approach the National Green Tribunal in a writ petition filed by the company challenging composite Order issued by the Telangana Pollution Control Board and the Joint Chief Environmental Engineer levying an Environmental Compensation for an amount of Rs 18.25 lakh under Sec 33A of Water Prevention and Control of Pollution Act 1988 and Sec 31A of Air Prevention and Control of Pollution Act 1987. The petitioner contended that the authorities had no right to levy such an exorbitant amount on it which was against the Provisions of Water Prevention and Control of Pollution Amendment Act 1988 and Air Prevention and Control of Pollution Amendment Act 1987. The company also sought for consideration of its representation by the authorities in accordance with the law.

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