Hyderabad: Justice T.
Vinod Kumar of the Telangana High Court disposed of a batch of writ petitions
filed by the Union of India, challenging the inaction of the municipal
corporation in halting private construction projects near a defence
establishment in Hyderabad. The Centre contended that the construction violated
a defence ministry declaration issued in May, 2011, which restricts development
near sensitive defence lands. The petitioner sought a direction to order the
demolition of the building and hold the GHMC and Bandlaguda Jagir Municipality
responsible for not stopping the work. The petitioner further accused local
municipal authorities of failing to cancel building permissions allegedly
granted in violation of a defence ministry declaration. However, Justice Vinod
Kumar observed that the Centre cannot pass on the buck to local bodies and
expect them to act based on declarations alone. The judge relied on a recent
apex court verdict involving the Works of Defense Act (WODA Act) and ruled that
the Centre must first publish its declarations/restrictions through proper
legal channels. Until then, it cannot ask local bodies to enforce defence
ministry guidelines that have not been formally notified under the law. It was
elucidated that the declarations being relied upon by the petitioner were set
aside by the Supreme Court and time period was granted to frame fresh
declaration/notification. The judge also pointed out that by failing to publish
a fresh notification under these circumstances, the petitioner could not rely
on the previously set-aside declaration. The court further noted that no order
could be passed in a vacuum, as the specific areas being relied upon by either
the petitioner or the private builders were not clearly established before the
court and neither any material evidence was presented to support the claims
made. The judge granted the Centre time till the end of this year to frame the
necessary notifications under the WODA Act and said it shall come into force on
the date of its publication. The Centre was nonetheless restricted from taking
action on the basis of earlier guidelines with respect to building permission
that has been obtained before October, 2016. The judge made it clear that any
action after notification in the period of six months would imply payment of
compensation to land owners. In a blunt rebuke, the judge said, “You cannot put
the gun on someone else’s shoulder and fire.” The remark was aimed at the
attempt of Union of India to shift the responsibility to local officials for
not acting on defence ministry instructions that were not officially notified
under the law. The court directed the municipal bodies to expeditiously take
action against the illegal structures in accordance with the law.
HC declines
cow slaughter relief before Bakrid
Justice K.
Sarath of the Telangana High Court, sitting in vacation court, declined to pass
any relief in a writ plea seeking directions to prevent cow slaughter and
illegal transportation of cattle in view of the upcoming Bakrid festival. The
judge was hearing a writ plea filed by the World Hindu Federation, India,
represented by its national general secretary, Ashoo Mongia. The petitioner
assailed the alleged inaction of state authorities in implementing the
Telangana Prohibition of Cow Slaughter and Animal Preservation Act, and
mandates under the Constitution. The petitioner was seeking enforcement
measures to curb cow slaughter and beef smuggling, particularly around Bakrid
on June 7, 2025, and claimed that prior representations made by the petitioner
had gone unheeded. On behalf of the state, additional Advocate General Imran
Khan submitted that extensive measures had already been undertaken. A
coordination meeting involving police and other departments was held on May 22,
2025, followed by internal briefings and the establishment of 52 check-posts
across Hyderabad limits to monitor cattle transport. Joint inspection teams and
flying squads were constituted, and so far, 19 cases have been registered in
connection with illegal cattle transportation. The AAG also informed the judge
that meetings were held with community representatives to ensure peaceful
observance of Bakrid. The petitioner, however, contended that over 1,000 cows
had already been seized but illegal transport was continuing, and urgent
intervention by the court was warranted. Justice Sarath noted that similar
issues were already under consideration in a pending writ petition before a
division bench and questioned the maintainability of the present plea.
Observing that the state was taking steps and several cases had already been
booked, the judge declined to interfere at this stage and directed the State to
file a detailed response.
HC
overrules registry, admits Prajwala plea
A two-judge
vacation panel of the Telangana High Court overruled objections raised by the
registry in a writ plea filed by the NGO Prajwala challenging an order passed
by a magistrate directing it to admit a woman alleged to be an organiser of
human trafficking into its protective home. The panel admitted a writ plea
filed by Prajwala, a licensed Protective Institution under the Immoral Traffic
(Prevention) Act (PITA). Senior counsel appearing for the petitioner
organisation argued that the impugned order violates the provisions of PITA,
constitutional guarantees, and the safety of genuine victims in its care.
According to the petitioner, the woman in question is an accused in an FIR
registered in 2023 under serious offences relating to commercial sexual
exploitation. Despite this, the magistrate mechanically directed her admission
into the petitioner’s Home along with rescued victims from a recent raid,
without conducting any inquiry into her antecedents or affording the
institution a hearing. The petitioner initially refused to admit the said woman
due to her known background as a trafficker, but ultimately complied under
protest to avoid contempt. The petitioner contended that her continued presence
poses an imminent threat to the safety, recovery, and psychological well-being
of other victims housed in the facility. The panel overruled objections raised
by the registry with respect to the magistrate and the Registrar General for
the High Court being made a party and directed that the matter be posted on
Monday.
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