Hyderabad: Justice K. Lakshman of Telangana High Court directed the Manikonda Municipality to demolish an unauthorised Anganwadi school building constructed on land originally designated for a park in a gated community at Neknampur village, Rajendranagar mandal. The judge passed the order in a writ plea filed by M/s Fair Fields Plot Owners Welfare Association, a registered residents’ group, challenging the alleged encroachment of common utility spaces within their layout. The land in question was developed by M/s Fair Fields, a private company, under an approved plan from the Hyderabad Metropolitan Development Authority (HMDA) in 2003. The sanctioned layout included designated spaces for public utilities such as a park, septic tanks, an overhead water tank, and garbage centres. Residents bought plots in the gated community with the assurance that these areas would remain reserved for their intended public purposes. However, the association alleged that the then Gram Panchayat of Neknampur, later merged into Manikonda municipality, unlawfully permitted construction on the park land. According to the petitioners, local officials, in collusion with certain individuals, tried to misuse the common areas for purposes not specified in the approved layout. In 2008, the association formally complained to the authorities, requesting intervention to halt the construction. Despite this, work on the Anganwadi school proceeded, violating zoning regulations. In August 2009, the High Court issued a status quo order, directing all parties to maintain the existing state of the land. However, in defiance of the court’s directive, the construction was completed, and the building has since been functioning as Anganwadi Centre No.1 for local children. The residents’ association contended that the structure was built without obtaining the necessary approvals from the Gram Panchayat and argued that allowing such encroachments would set a dangerous precedent for unauthorised development in designated public spaces. In response, the Manikonda municipality defended its actions, contending that the Anganwadi school served a public welfare purpose and benefitted local children. The municipality, which took over jurisdiction after the Gram Panchayat’s merger, claimed that aside from the Anganwadi centre, no illegal encroachments had occurred. The respondent authorities argued that since the building was being used for a community-oriented purpose, it should not be considered a violation. However, the judge held that land designated for a park could not be repurposed without proper authorisation. Citing legal precedents, the judge emphasised that spaces reserved for public use in residential layouts must be preserved as originally intended. The judge rejected the municipality’s justification, upholding that no entity, including government bodies, could use land earmarked for parks for any other purpose without seeking amendments to the approved layout plan. Consequently, the judge directed the Manikonda municipality to demolish the Anganwadi school building within three months and restore the land as a park. Additionally, the judge instructed the respondent authorities to relocate the children using the Anganwadi centre to an alternative facility before proceeding with the demolition.Plea for revised scholarship rates dismissed Justice Nagesh Bheempaka dismissed two writ pleas seeking an enhancement of pre-matric scholarship rates for students in Best Available Schools (BAS) in Warangal district. The writ petitions were filed by Venkataiah Scholars High School, Loyola High School and others requesting an increase in the scholarship amount to Rs 20,000 per student, similar to what was granted to select institutions. The petitioners contended that their schools maintained high academic standards, with a consistent pass percentage of over 90 per cent in Class X public examinations, making them eligible for the scholarship increase. They cited government orders, which set criteria for granting scholarships to Scheduled Tribe (ST) students enrolled in BAS institutions. The District Level Committee (DLC) and State Level Committee (SLC) approved scholarships ranging from Rs 12,000 to Rs 17,000 for the 2008-09 academic year, while some schools received Rs 20,000 per student. Counsel for the petitioners argued that they were unfairly excluded from the higher rate. The Tribal Welfare Department, however, countered that the scholarship rates are already revised for 2008-09 and that a second enhancement was not feasible due to budgetary constraints. They also said that the petitioners’ schools did not meet the eligibility criteria, as their pass percentage in 2004-05 and 2005-06 was below 90 per cent, which was a requirement for further enhancement. The department further argued that scholarships were allocated based on academic performance and financial viability. During the hearing, the government also revealed that the petitioners schools voluntarily opted out of the BAS scheme in 2022, surrendering all ST students for the 2022-23 academic year. The petitioners argued that this information was irrelevant, as their case pertained to the 2008-09 and 2009-10 academic years. The judge ruled that the petitioners were not entitled to the relief sought, as the scholarship rates are determined in accordance with established policies and financial limitations. Wedding hall owner in Warangal gets HC breather for taxesJustice B. Vijaysen Reddy granted partial relief to a wedding function hall owner in Hanumkonda, on condition that tax arrears be cleared in instalments after considering her financial and health difficulties. The judge disposed of a writ petition filed by Dendukuri Anjani Devi, who challenged the notices issued by the Greater Warangal Municipal Corporation (GWMC) demanding payment of tax arrears. The petitioner argued that her business suffered severe losses since Covid-19 and that she was battling serious health issues, including undergoing brain surgery and multiple hospitalisations for kidney infections. She claimed that despite these hardships, municipal authorities threatened to disconnect essential services such as water, sewage, and electricity, and that she was not given a fair chance to present her case. The municipal corporation, however, argued that multiple notices were issued to the petitioner and ample time to clear the dues were given, yet she failed to comply within the stipulated deadlines. The court took note of the difficulties of the petitioner but pointed to her statutory obligation to pay taxes. The judge accordingly directed that the outstanding tax arrears be paid in three instalments, with the first instalment due within 10 days. Old printing press complains opaque approach in tenders The Telangana High Court is set to examine allegations of unfair disqualification in a government tender process for note books. It directed the Telangana Trade Promotion Corporation Limited to respond to grievances raised by M/s Ark Bird Publications, the owner of the oldest printing press in the region. Justice Pulla Karthik took on file a writ petition filed by the publication house, which challenged its exclusion from the tender process for supplying notebooks, despite being the lowest bidder for 19 out of 26 listed items. The petitioner argued that it met all technical and financial requirements but was disqualified without any written explanation. According to the petitioner, while other bidders were instructed to submit a bank guarantee and finalise agreements with the corporation, no such opportunity was extended to Ark Bird Publications. The printing press claimed it repeatedly sought clarification from authorities, sending representations on February 4 and February 14, but received no response. The petitioner then argued that no public notice was issued regarding these developments, raising concerns about transparency in the bidding process. In its plea, the petitioner requested equal opportunity to participate in the tender under the same terms as other bidders, arguing that its exclusion lacked justification. The judge directed the corporation to file its response.
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