Hyderabad: The Telangana high court, in a sharp rebuke against HYDRAA over its alleged discriminatory actions in the demolition of structures and fencing of lands, including those that are sub judice, asked why HYDRAA has not taken any action against the Barrister Fatima Owaisi Educational Campus. The institution is allegedly constructed in the Full Tank Level (FTL) area of Salkam Cheruvu in the Old City.Further, taking serious note of the institution constructed within the lake allegedly without requisite approvals, Justice NV Shravan Kumar ordered the principal secretaries of Revenue, Irrigation, Municipal Administration and the School Education Departments to conduct a detailed inquiry into all erring officials who have failed to take any action during the course of construction of the institution over the years, and to file a detailed report. The court also directed all departments and the institution to file counters, and posted the matter to July 3 for further hearing.Questioning the institution about the fate of students if the buildings collapse, the court advised it to consider shifting students who are willing to pursue free education to nearby govt institutions to ensure that their studies are not disrupted.The court was hearing a petition filed by advocate Vijay Gopal, who submitted satellite images of the lake and its surroundings in support of his plea, alleging inaction by the authorities despite multiple complaints.During the Thursday hearing, conducted in three short phases starting forenoon, post lunch, and before the rising of the court, the judge insisted on knowing from HYDRAA and other govt agencies how such large constructions in the middle of the lake had gone unnoticed from 2005 to date.“Why has HYDRAA not acted on these structures? If you have issued notices, why have you not acted against them? You go and fence lands wherever you want, even in matters sub judice before the court, while knowing very well that this institution is in a waterbody as per the preliminary notification. What steps have you taken so far?” the judge asked, pointing out that authorities had initiated proceedings only after the court took up the matter.The judge also pulled up the education department for granting permissions to the institution. When counsels for HMDA, Education, Irrigation and Revenue departments sought time to respond, the judge remarked, “Does it not appear to your naked eyes that these structures exist in the waterbody or not?”Further taking a dig at the HYDRAA chief, who is also the chairman of the Lake Protection Committee (LPC), the judge asked, “What have you done when such a huge unauthorised structure exists in the waterbody? Why special treatment to only one institution?”On noticing the counsels were not being properly assisted by concerned officials as they were unable to respond to the court’s queries, the judge asked how construction progressed without permissions, who issued the occupancy certificate, how water and electricity connections were provided, and how effluents from the institution were being managed.Miffed at the repeated evasive responses, the judge told the counsels, “You are not informing whether they have permission or not. Why are the concerned authorities not giving proper responses?”Citing a Supreme Court judgment on bulldozer actions, the judge pointed out that if structures lack permissions, no prior notice is required before action is taken.The judge also observed that the structural stability of the disputed construction within the lake is a matter of technical feasibility. While authorities ought to have acted from the stage of initial construction, “it is striking to note that over all these years, from the initial stage of construction till completion, the authorities did not take any steps to verify whether the constructions had valid permissions or not,” the judge said, and adjourned the hearing.
