Legal Briefs | HC admits plea on merging gram panchayats, amending TG Municipalities Act

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Deccan Chronicle

Hyderabad: The Telangana High Court heard a writ plea challenging an ordinance, seeking to amend the schedule of the Telangana Municipalities Act 2019 and merging 51 gram panchayats into their respective municipalities. The panel comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao was dealing with a petition filed by G. Padmavathi and four others. The petitioners stated that they hail from villages under Shamshabad mandal, Ranga Reddy district and have served as sarpanches of respective villages. It was the case of the petitioners that respondents with the intent to merge the villages near the Outer Ring Road into municipalities under the guise of speedy development, allegedly called for a report from villagers without informing them. Counsel for petitioner Verose Sanjana argued that prior to promulgating the ordinance, no data was collected, none of the villagers were consulted nor was any details furnished that necessitated the merger of villages into a municipality. She contended that alleged speedy development as a reason for merging the villages was a ruse to serve the self-interest of the real estate industry. The petitioner contended that there was no consultative process nor any opportunity given to the persons or institutions which are vital and most affected by the merger of villages into municipalities. It was also stated that T. Prakash Goud, MLA from Rajendranagar Assembly constituency also addressed a representation stating that merger of villages into municipality will not be in the interests of the villages. Counsel alleged that calling for a report for remarks on the proposed merger of villages was just an eyewash. It also contended in the writ plea that a memo was issued on July 26 seeking the creation of a unified single urban local body by extending the jurisdiction of GHMC up to ORR is entirely outside its jurisdiction. The petitioners alleged that exercise of power by the respondents was with ulterior motives and to serve vested interests, and the ordinance is vitiated by a conscious omission to partake the interest of villagers who will be most affected. The panel after considering the submissions ordered notices to the respondents and posted the matter for further hearing.Plea on acquiring land near zooJustice T. Vinod Kumar of the Telangana High Court admitted a writ plea challenging the actions of the special deputy collector and others in allegedly acquiring land near Nehru Zoological Park, Hyderabad, without following the due process of law. The judge was hearing a writ plea filed by Hamood Bin Hamza Al Jabri. The petitioner contended that the action of authorities was not only arbitrary but also illegal and violates the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as Article 300A of the Constitution of India. The petitioner further contended that he had the said land for approximately 38 years, supported by a valid sale deed. He alleged that the authorities have taken steps to take over the land without serving a formal notice. It was also contended by the petitioner that about 15 years ago, authorities acquired 100 square yards of his land for road expansion and no compensation was paid yet. The court, after hearing the petitioner directed him to submit relevant documents supporting his claims and posted the matter for further adjudication.Gambling in KPHB clubhouseJustice B. Vijaysen Reddy of the Telangana High Court admitted a writ plea complaining of illegal activities like gambling, consumption of liquor, drug use, etc., allegedly taking place in the clubhouse of Indu Fortune Fields, KPHB, Medchal-Malkajgiri district, Hyderabad. The judge was dealing with a writ plea filed by Hari Govinda Khorana Reddy, an advocate and a resident of Indu Fortune Fields. The petitioner alleged that illegal activities were taking place at the respondent’s clubhouse and pointed out that legal permissions are required for hosting liquor parties in clubhouses, as they are considered public places. On the previous occasion, the judge directed the respondent association to convene an extraordinary general body meeting and discuss/solicit the opinion of all the stakeholders to curb illegal activities such as the consumption of drugs and come out with a permanent action plan so as to ensure that such illegal activities do not recur in future. During the hearing, counsel for the respondent association informed the judge that a three-member committee is being formed to address the issues raised, which will also ensure that the court directives are complied with. Taking note of the same, the judge posted the matter for further adjudication.No bail for student with LSD Justice Juvvadi Sridevi of the Telangana High Court refused to grant bail to a student allegedly found in possession of 1.0621 grams of LSD (Lysergic Acid Diethylamide). The judge was dealing with a bail petition filed by Veerapally Lakshmipathi alias Lucky L.P., who contended that he is innocent and was falsely implicated. The petitioner prayed for bail citing his continuous judicial custody and investigation almost being completed. The bail petition was opposed by the Additional Public Prosecutor (APP), who also brought to the notice of the judge six pending cases against the petitioner, out of which, two cases relate to possessing ganja. The APP prayed for the dismissal of the petition by contending that the petitioner is a habitual offender. After perusing the material record, the judge took note of the criminal antecedents of the petitioner and dismissed the bail petition.



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