Government can’t arm itself with draconian powers: High Court

The Telangana HC on Monday made it clear that it willn't allow the state govt to arm itself with unbridled powers even for purposes like demolishing illegal constructions.

“Any law you (govt) bring in for the purpose must possess certain inbuilt safeguards for the citizens who may have valid reasons to offer & you must hear them,” a bench of Chief Justice Raghavendra Singh Chauhan & Justice A Abhishek Reddy said on Monday while hearing a public interest petition filed by advocate Mohan Chandran Parthasarathi.

The lawyer was challenging the constitutional validity of sub-section 2 of section 178 of the Telangana Municipalities Act, 2019.

“We don't want citizens to be left in the lurch in a remedy-less situation. Draconian powers to the government without following principles of natural justice is an unacceptable proposition for us,” the CJ said.

The Act gave enormous powers to the municipal commissioners to demolish any structure which they find as illegal without issuing any notice to the owner of the structure. The petitioner was urging the court to strike down this provision after declaring it unconstitutional.

The case was posted to Mar 11.

Talking tough, the bench said: “You (officials) went to demolish a house one fine morning because the owner obtained permission for the ground floor & first floor but later built third & fourth floors in an unauthorised manner. But, who knows whether your town planning wing had subsequently permitted the additional floors without informing the commissioner? Is it not unfair to demolish without giving the owner an opportunity to tell his side of the story?”

Advocate general BS Prasad said that they take an undertaking from the owners that they will strictly adhere to the provisions of the sanctioned plan. “Even after this, one prefers to flout the norms, he or she has to pay a price. Aggrieved persons can knock the doors of the town planning tribunals,” he said.

At this, the CJ was furious. After ascertaining from the state counsel that the govt hasn't yet constituted the town planning tribunals & not framed the rules for implementing the new Act, he said: “You (govt) will leisurely constitute the tribunals by 2022 & in the meantime, you go to the owners’ houses with your bulldozers.”

Responding to a plea by the AG that the court should allow the govt because illegal constructions have become rampant in Hyderabad & elsewhere, the CJ said the court has to strike a balance between draconian powers of the state & interests of the citizens. “The state must act within the confines of the Constitution,” he said.

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