Hyderabad: Telangana high court on Wednesday directed HYDRAA to verify whether 1,608 square yards of land at Narsingi is sub judice and act accordingly. The court also questioned the agency’s authority to decide ownership of disputed land and proceed against alleged encroachers.The directions came while hearing a petition filed by a group of persons claiming ownership of the land. HYDRAA had recently demolished a compound wall on the property and erected a fence. Taking note of the agency’s actions, Justice NV Shravan Kumar observed that even alleged encroachers must be issued notice before any action is taken. The judge said that if the land is found to be sub judice, the fence must be removed within 48 hours of receiving the order. The matter was posted to Feb 24 for further hearing. During the hearing, the court repeatedly asked HYDRAA’s standing counsel about the authority under which the compound wall was demolished, especially when the land was claimed by the petitioners. The judge also questioned HYDRAA’s stand that it could act on complaints of encroachment on public property without obtaining permission from the municipal administration department. The court observed that under the Telangana Land Encroachment Act, 1905, a prior notice must be given to persons in occupation before initiating action. It further said that under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, eviction must follow the prescribed statutory procedure and principles of natural justice. While appreciating HYDRAA’s objective of preventing encroachments, the court made it clear that the agency must adhere to principles of natural justice.
