The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.

ORDER :

C.V. Bhaskar Reddy, J.

Since the issue involved in all these writ petitions is intrinsically interconnected, they are taken up and heard together and are being disposed of by this common order.

2. These Writ Petitions are filed by the petitioners to declare the action of the respondents in interfering with their peaceful possession and making efforts to demolish their residential houses/occupations, as illegal, arbitrary and unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently prayed this Court to direct the respondents not to interfere with the possession and enjoyment of their houses, without following due process of law and for other appropriate reliefs.

3. Writ Petition No.27110 of 2024 is taken up as a leading case to decide the lis in this batch of cases.

4. It is stated that the petitioners have purchased their respective houses under registered sale deeds in approved layout sanctioned by Hyderabad Metropolitan Development Authority (HMDA). It is further stated that they obtained construction permissions from the Greater Hyderabad Municipal Corporation (GHMC) and constructed houses in compliance with the Building Rules, 2012 which were issued in G.O.Ms.No.168, Municipal Administration and Urban Development (M1) Department, dated 07.04.2012 read with G.O.Ms.No.245, MA, dated 30.06.2012. It is also stated that they have obtained electricity connections and their houses were also assessed for the property tax and they are regularly paying the property tax and electricity bills. It is the case of the petitioners that on the ground that the houses constructed by them would fall under the Full Tank Level Zone as well as Buffer Zone of the River Musi, the respondents, without having any power or authority under the provisions of the Telangana Water, Land and Trees Act , 2002 (for short “WALTA Act”), without conducting any enquiry and without issuing any notices are highhandedly interfering with their possession and demolishing their houses under the authority by name Hyderabad Disaster Response and Asset Monitoring and Protection Agency (for short “HYDRA”). It is further case of the petitioners that the HYDRAA established by the State Government under G.O.Ms.No.99, Municipal Administration & Urban Development (GHMC.I) Department dated 19.07.2024 for TCUR (Telangana Core Urban Region) for the purpose of disaster management, asset protection and other functions, is not conferred with any powers under the provisions of any of the Statute. Therefore, the HYDRAA or the respondent authorities cannot exercise their powers to interfere with their peaceful possession and demolish their houses. It is further case of the petitioners that if there is any violation of constructions being found in the FTL/River Bed Zone of Musi River, the GHMC is the only competent authority to remove the same. When the GHMC having allowed them to raise constructions, are not having any power or authority to issue any notice of removal of their constructions and if any constructions forming part of River Bed Zone/FTL Zone/Buffer Zone, the respondents have to identify the said constructions by conducting survey and demarcating the same and then take appropriate steps by following due process of law. It is further case of the petitioners that without conducting any enquiry or localization of the subject constructions and without following due process of law, the highhanded action of the responde