SC leaves HYDRAA Bathukamma Kunta row to Telangana High Court

The apex court asked the Telangana High Court to decide whether HYDRAA can retain the gate, fencing and retaining wall at Bathukamma Kunta.

Hyderabad: The Supreme Court has directed the Telangana High Court to decide whether the newly constructed gate, fencing, and retaining wall at Bathukamma Kunta in Hyderabad should remain in place, after HYDRAA Commissioner AV Ranganath defended their continuation despite an earlier High Court order directing their removal.

The direction came during the hearing of an appeal filed by Ranganath challenging the Telangana High Court’s March 17 order, which had directed the removal of the structures within four weeks.

The dispute stems from a contempt petition filed by Sudhakar Reddy, who alleged that the Hyderabad Disaster Response and Assets Protection Agency (HYDRAA) violated the High Court’s status quo order by carrying out construction works, including the installation of a gate, fencing, and a retaining wall at Bathukamma Kunta.

Ranganath approached the Supreme Court on April 15, challenging the High Court’s removal order.

A Bench comprising Justice Dipankar Datta and Justice Shail Nagu heard the matter on Friday. The court noted that, in compliance with its earlier direction issued on April 27, the petitioner had submitted a compliance affidavit stating that the High Court’s order had been “substantially complied with.”

However, the affidavit also sought permission to retain the gate, fencing, and retaining wall, arguing that their continuation was justified.

SC declines to examine merits of retaining structures

The Supreme Court declined to examine the merits of retaining the structures, observing that the Telangana High Court was better placed to assess the local circumstances.

“We are not inclined to examine at this stage whether there is justification for retaining the gate, fencing and retaining wall. The High Court is better acquainted with the local conditions than we are. Therefore, we request the High Court to take an appropriate decision on the issue,” the Bench observed.

The apex court directed the Telangana High Court to hear and decide the contempt petition, along with the main case, as expeditiously as possible before disposing of the matter.

Senior advocate Mukul Rohatgi appeared on behalf of HYDRAA Commissioner AV Ranganath before the Supreme Court.