After issuing an order a week ago staying demolition of Secretariat complex, Telangana High Court on Friday dismissed a PIL plea seeking a direction to government to stop the demolition.
With the HC dismissing the plea and vacating the stay order given earlier, the State government was allowed to resume the demolition of the Secretariat started on July 7 and put on hold since July 10. It also clears the decks for construction of a new Secretariat complex, design of which was finalised and okayed by the State Cabinet recently.
Also read |SC rejects plea against demolition of TelanganaSecretariat buildings
Delivering the verdict on Friday, a bench of Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy observed that there were no merits in the contentions of the petitioners. The PIL plea was filed by professor P.L. Vishweshwar Rao and Cherukuri Sudhakar. Lawyer Chikkudu Prabhakar presented arguments for them.
Initially, the petitioners’ main contention was that the demolition taken up by government was illegal since it did not adhere to rule 4 (3) of Demolition and Construction Waste Management Rules-2016. Since the government could not immediately place before the bench the related information, the bench issued an order staying the demolition.
However, subsequently the government filed a counter affidavit presenting documents substantiating that it had complied with the said rule and obtained permission from the local body which was GHMC in the case. But the petitioners’ counsel Mr. Prabhakar contended that demolition of a building falls within definition of preparation of land for construction of a building and for that an environment clearance certificate from the Union Ministry of Environment and Forests was mandatory.
However, Advocate General B.S. Prasad rejected the argument stating that preparation of land commences with the beginning of construction of a building but demolition of building did not fall under preparation of land. With Mr. Prabhakar and the AG making different interpretations of “preparation of land”, the CJ on Thursday instructed Assistant Solicitor General of India N. Rajeshwar Rao to secure clarity on this.
On Friday, the ASG presented before the bench a letter from the Centre stating that there was no need to obtain a clearance certificate from the ministry if a stand alone building was demolished. This supported the AG’s contention. Observing that the contentions of petitioners were not sustainable and untenable, the bench dismissed the petition.
The only provision the government had to follow as per State Level Environment Impact Assessment Authority is that a permission should be secured before commencing the actual construction of new Secretariat building, the bench said.
Demolition & Hurdles
June 29: HC dismisses a batch of PIL pleas challenging Cabinet decision to demolish Secretariat buildings.
July 7: Demolition of Secretariat begins under personal supervision of Chief Secretary, DGP.
July 10: HC stays demolition till July 13 following a PIL plea.
July 13: Stay order extended for two days. Subsequently extends stay order for two consecutive days.
