If Illegal, Why Allowed For Years? HC Questions HYDRA

HYDRA demolition case High Court update

The High Court has temporarily stopped HYDRA demolition drives, making it clear that no further demolitions should be carried out until proper guidelines and procedures are submitted.

At the same time, the court allowed authorities to continue protection work related to lakes, water bodies, drains, parks and public roads. However, for demolishing structures, it said strict process must be followed.

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The case came up during the hearing of a petition filed by a farmer from Ailapur village in Aminpur mandal. The petitioner said HYDRA officials came early morning around 4:30 AM and carried out demolition like a raid, damaging parts of his ancestral property without any notice.

After watching video clips, the court expressed serious concern. It said even if a structure is unauthorized, demolishing it without notice is not acceptable.

The court made a key observation. If a construction is illegal, how was it allowed in the first place? If action had been taken on time, the situation would not have escalated. Remaining silent for years and then suddenly demolishing it now raises serious questions.

On the government side, Additional Advocate General Imran Khan argued that petitioners were misusing court orders. He said permissions were limited to about 36.37 acres across certain survey numbers, but attempts were being made to occupy over 1000 acres of government land. He also pointed out that the demolished structure had no approvals and not even an electricity connection.

The court also referred to legal provisions. It noted that HYDRA has powers under Section 374B of the GHMC Act along with government orders. However, it said there is no clear standard procedure being followed while carrying out demolitions.

It further observed that HYDRA is facing more than 100 similar cases, and in many of them due process was not followed. This indicates the absence of a proper system.

The court directed that until guidelines are placed before it, no demolitions should be carried out elsewhere. Only protection activities related to water bodies, drains and roads can continue.

In the Ailapur issue, the court ordered status quo.

The message from the court is clear. Even in cases of violations, authorities must follow due process, issue notices and act within a defined system. Without that, such actions cannot continue.

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