Justice Lalitha Kanneganti of Telangana High Court on Wednesday said that action should be initiated against municipal officials who undertake demolition of structures without following guidelines issued by Supreme Court.
Disposing of a writ petition filed by a building owner whose property was demolished by GHMC officials within 24 hours of serving the notice, the judge said the petitioner can claim compensation if it was available under law by approaching the proper forum. Referring to a verdict by the Supreme Court, the judge said the apex court had laid down several guidelines as to when, where and how a municipality can carry out demolition.
The judge directed the Principal Secretary of Municipal Administration and GHMC Commissioner to communicate the apex court guidelines to all the officers concerned in the State. “Wherever and whenever they are proposing to demolish, the Municipal authorities shall act upon, only after issuing the showcause notice, taking into consideration the explanation submitted by the parties on merits and further in accordance with the guidelines issued by the Supreme Court,” the judge said in the order.
The GHMC Circle-II authorities served a notice on the watchman of the building in the evening hours of this March 25. By 9 a.m. on March 26, they began demolition of the structure in question without giving an opportunity to the petitioner to give his explanation.
The judge remarked that “it appears that the respondent authorities have scant respect to the rule of law and to the procedure”. The judge also noted that the officials gave a go-by to all the procedures and “acted in a high-handed manner”.
