HYDRAA’s path to raze illegal constructions in Hyderabad’s Musi Riverbed cleared

Court rejected claims questioning the legality of the authority’s formation.

Hyderabad: The Telangana High Court has cleared the path of HYDRAA, along with revenue and municipal departments, to remove unauthorized constructions and structures within the full tank level (FTL) or riverbed zone of the Musi River. This marks a significant step toward the preservation of Hyderabad’s water bodies. 

The court emphasized that the state government has full authority to form HYDRAA and take necessary actions to protect and rejuvenate water bodies like the Musi. 

HC’s stand on HYDRAA’s authority 

Justice C.V. Bhaskar Reddy ruled that the state government, under Section 4 of the Telangana Irrigation Act, 1357 Fasli, possesses the legal power to establish and delegate functions to HYDRAA. 

The court rejected claims questioning the legality of the authority’s formation, asserting that rivers and tanks are community assets to be protected and managed for public benefit. 

The judgment further clarified that land classified as patta or shikam patta within FTL or riverbed zones can only be acquired by the authorities after paying fair compensation. Moreover, unauthorized land allotments in such areas do not confer valid ownership rights. 

Petitioners’ claims rejected 

The ruling came in response to petitions from residents of New Marutinagar, Kothapet, whose homes reportedly fall within the Musi River’s FTL or buffer zones. The petitioners argued that their homes were built following approvals from the Hyderabad Metropolitan Development Authority (HMDA) and the Greater Hyderabad Municipal Corporation (GHMC), in compliance with Building Rules, 2012. 

They alleged that HYDRAA and related authorities were interfering with their properties without proper notices or authority under the WALTA Act. 

After thorough deliberation, the High Court declined to offer relief, citing the need to uphold laws aimed at protecting natural resources. 

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Guidelines for removing illegal constructions in Hyderabad’s Musi River 

To ensure fairness, the High Court issued specific guidelines to be followed by HYDRAA and other authorities before removing encroachments: 

1. Serve notices: Authorities must issue notices to owners of unauthorized constructions before initiating removal actions. 

2. Eviction of illegal occupants: Immediate steps should be taken to clear FTLs, riverbeds, and buffer zones of illegal and unauthorized structures. 

3. Conduct socio-economic surveys: A detailed survey must be conducted to assess the socio-economic impact on affected residents, and accommodations should be provided where necessary. 

4. Compensation for Patta Lands: If the land falls under patta or shikam patta classification, compensation must be paid in accordance with the law. 

5. Time-bound removals: Temporary or unauthorized constructions must be dismantled within a specified timeframe. 

6. Judicial oversight: Trial courts should strictly adhere to the guidelines issued by the High Court’s Division Bench in the Philomena Education Foundation case when granting injunctions against the removal of illegal structures. 

The Telangana High Court’s decision underscores the importance of safeguarding Hyderabad’s natural resources while ensuring justice and fair treatment for affected residents.