The Telangana High Court recently stepped in to address a contentious legal battle over the tearing down of actor Nagarjuna's N-Convention Centre in Hyderabad. In an important decision, the Court issued a status quo order, effectively stopping the demolition activities started by the Greater Hyderabad Municipal Corporation (GHMC) and the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA). The involvement of a notable celebrity and the intricate legal discussions around property rights and municipal regulations have drawn significant attention to this case.
The Legal Problem: Accusations of Unauthorized Destruction.
Nagarjuna took legal action against GHMC and HYDRAA by approaching the Telangana High Court. He argued that his N-Convention Centre property was being demolished by the authorities on the morning of August 24, 2024, without any prior warning. The actor claimed that this move directly violated a previous status quo order issued by the Municipal Administration and Urban Development Department (MA & UD), which was still valid.
During the case, Judge T Vinod Kumar pointed out that Nagarjuna mentioned he had not received a show-cause notice prior to the demolition starting. The Court had to examine how the notice was served, as Nagarjuna challenged the assertion that it had been delivered by the authorities.
The petitioner disputes the assertion that the show-cause notice was served by the respondent authorities.Thus, for the said reason, the respondent authorities are required to demonstrate to this Court the manner and mode of service of the show-cause notice on the petitioner before passing the speaking order," the order dated August 24 stated.
On the other side of the legal battle, the State authorities asserted that they had acted within the bounds of the law. They claimed that the construction by Nagarjuna was unauthorized and fell within the Full Tank Level (FTL) and Buffer Zone of the Thammidikunta Tank. According to the State, Section 405(a) of the Greater Hyderabad Municipal Corporation Act, 1955, permits the demolition of unauthorized constructions in such zones without the need for prior notice.
The State further argued that it was necessary to verify Nagarjuna's claims regarding pending civil proceedings and the closure of a Land Grabbing Case (LGC) under the Andhra Pradesh Land Grabbing (Prohibition) Act.
Justice T Vinod Kumar highlighted several critical discrepancies in the claims made by the respondent authorities, particularly regarding the extent of the Thammidikunta Tank. The State authorities claimed that the FTL of the tank covered approximately 29 acres. However, the Court pointed out that previous proceedings under the Andhra Pradesh Land Grabbing (Prohibition) Act indicated that the extent of the tank was around 20 acres.
"Thus, the stand of the respondent authorities in the impugned proceedings is contrary to the stand taken before the Special Court. That being so, the respondent-authorities without actually having determined the extent of the tank by conducting a survey are claiming that the said tank is spread over Acs.29-24 guntas in respect of which, admittedly a civil Suit is pending for adjudication," the Court observed.
Given these discrepancies, the Court took a prima facie view that the authorities should not have initiated the demolition when the prior order of status quo passed by the MA & UD department was still in effect.
In light of the arguments presented, the Telangana High Court passed a status quo order, halting the demolition and preserving the current state of the N-Convention Centre until further notice. The matter is now scheduled for further hearing on September 9, 2024.
This case underscores the importance of due process in administrative actions, particularly when they involve significant property rights and high-profile individuals. The Court's intervention has temporarily stalled the demolition, but the final outcome remains uncertain. As the legal proceedings continue, this case will likely serve as a reference point for similar disputes involving municipal authorities and private property owners.
TAGS: Telangana High Court Nagarjuna N-Convention Centre demolition stay GHMC HYDRAA show-cause notice Thammidikunta Tank unauthorized construction status quo order legal dispute.
