Title: Telangana High Court Grants Anticipatory Bail in Controversial Building Permissions Case
Introduction
Telangana’s Municipal Commissioner P Ramakrishna Rao has been granted anticipatory bail by Justice Juvvadi Sridevi of the Telangana High Court. The commissioner faced charges following a complaint from the HYDRAA for allegedly granting building permissions within the buffer zone of Errakunta Pond in Bachupally, under the Nizampet municipality.
The Argument and Decision
The Municipal Commissioners Association backed Ramakrishna Rao’s defense, stating that the TG b-PASS system had bypassed municipal commissioners, assigning building permit approvals to the Hyderabad Metropolitan Development Authority (HMDA). Under this system, permissions for areas exceeding 1,000 square yards are transferred to the HMDA. Arguing that Rao was in the dark regarding whether Maps Infra, the builder in question, had obtained the necessary permission, the senior counsel explained that the municipal commissioner had duly informed the HMDA about the construction proposal in the Full Tank Level (FTL) or buffer zone of the pond. Unfortunately, the builder received relief from the high court and continued with the construction activities.
After careful consideration, Justice Juvvadi Sridevi found no fault with the municipal commissioner in the case. Consequently, the court granted anticipatory bail to P Ramakrishna Rao, on the condition that he would be available for investigation.
The Quashing of FIR against MA Mukheem
In a separate case, Justice K Sujana quashed the FIR against MA Mukheem, which was filed by the Ameenpur tahsildar. The complaint alleged encroachment on government land and obstruction of officials. The judge ruled that in such cases, public servants are required to file a written complaint before a magistrate.
Conclusion
The Telangana High Court’s decision to grant anticipatory bail to Municipal Commissioner P Ramakrishna Rao brings an interesting twist to the controversial building permissions case. With concerns raised regarding the bypassing of municipal commissioners in the approval process, the court considered the argument made by the Municipal Commissioners Association as it assessed the role of the HMDA in granting permissions. The quashing of the FIR against MA Mukheem further highlights the need for proper legal procedure based on written complaints. These recent outcomes serve as reminders of the intricate legal landscape surrounding development projects and public servants tasked with approving them.
