Telangana HC orders demolition of commercial complex on parkland in Begumpet
At the Begumpet Junction, which leads to the airlines Colony, a two-judge bench of the telangana high court on wednesday ordered the destruction of a multi-story commercial structure constructed on a plot of land designated for a park. The appellant has been given 90 days to destroy the three-story building under the supervision of an expert body that will work under a person designated by the hmda for that purpose.
The bench was dealing with two writ petitions that P. Venkateswarlu and another person had successfully filed, alleging that P. ravi Kumar and M.F. Peter had built a multi-story complex without the necessary permits. indian Airlines' personnel needed accommodation, therefore in 1974, a housing complex for them was built on around 15 acres in Begumpet. The plot of land in question was in the indian airlines Employees Housing Board Colony and was designated for a park. The determination of the land's status as parkland was a requirement for the building permit.
The property in question was originally intended to be a park, but the housing board later changed the plan, according to an investigation performed earlier by the extra chief judge of the City Civil court and reported in a report. The case was brought before the supreme court, which remanded it to the high court for further review. The petitioners would successfully argue that the development in issue violated the layout norm and violated the land's designation as a park. The petitioner's position was repeated by the local government.
Chief Justice Alok Aradhe mentioned the different laws controlling the matter while speaking for the bench. The bench quoted a supreme court of America ruling that advocated against the hasty and pointless transfer of open space land to urban use. "Protection of the environment, open spaces for the creation of fresh air, playgrounds for children, and promenades for residents are matters of great public concern and of vital interest to be taken care of in a development scheme," the bench stated.
"Reserving open spaces for parks and playgrounds is universally recognised as a legitimate exercise of statutory power to protect residents of the locality from adverse effects of urbanisation," it said. The bench read the public trust doctrine and declared: "Public properties are covered by the public trust theory, which derives from Article 21 of the indian Constitution. The court will view any actions intended to reallocate resources to more limited uses or to subject public purposes to the self-interest of private parties with extreme distrust.
The bench was dealing with two writ petitions that P. Venkateswarlu and another person had successfully filed, alleging that P. ravi Kumar and M.F. Peter had built a multi-story complex without the necessary permits. indian Airlines' personnel needed accommodation, therefore in 1974, a housing complex for them was built on around 15 acres in Begumpet. The plot of land in question was in the indian airlines Employees Housing Board Colony and was designated for a park. The determination of the land's status as parkland was a requirement for the building permit.
The property in question was originally intended to be a park, but the housing board later changed the plan, according to an investigation performed earlier by the extra chief judge of the City Civil court and reported in a report. The case was brought before the supreme court, which remanded it to the high court for further review. The petitioners would successfully argue that the development in issue violated the layout norm and violated the land's designation as a park. The petitioner's position was repeated by the local government.
Chief Justice Alok Aradhe mentioned the different laws controlling the matter while speaking for the bench. The bench quoted a supreme court of America ruling that advocated against the hasty and pointless transfer of open space land to urban use. "Protection of the environment, open spaces for the creation of fresh air, playgrounds for children, and promenades for residents are matters of great public concern and of vital interest to be taken care of in a development scheme," the bench stated.
"Reserving open spaces for parks and playgrounds is universally recognised as a legitimate exercise of statutory power to protect residents of the locality from adverse effects of urbanisation," it said. The bench read the public trust doctrine and declared: "Public properties are covered by the public trust theory, which derives from Article 21 of the indian Constitution. The court will view any actions intended to reallocate resources to more limited uses or to subject public purposes to the self-interest of private parties with extreme distrust.