Telangana Municipal Commissioner Granted Anticipatory Bail in Pond Encroachment Case
Telangana Municipal Commissioner, P Ramakrishna Rao, has been granted anticipatory bail by Justice Juvvadi Sridevi of the Telangana High Court. This comes after charges were filed against him by Cyberabad police following a complaint from HYDRAA.
Buffer Zone Construction Allegations
The complaint lodged by HYDRAA claimed that Ramakrishna Rao had granted building permissions within the buffer zone of Errakunta Pond in Bachupally, which falls under the jurisdiction of Nizampet municipality. However, the Municipal Commissioners Association presented a compelling argument stating that the TG b-PASS system bypassed municipal commissioners, assigning the responsibility of approving or rejecting building permissions to the Hyderabad Metropolitan Development Authority (HMDA).
Limited Jurisdiction Under HMDA
Senior counsel V Surender Rao clarified that building permissions for areas exceeding 1,000 square yards are automatically transferred to the HMDA, leaving the municipal commissioner unaware of whether Maps Infra, the builder involved in this case, had received the necessary permission. Ramakrishna Rao had promptly notified the HMDA about the builder’s request to construct in the Full Tank Level (FTL) or buffer zone of the pond. Despite these actions, the construction continued as the builder obtained relief from the high court.
Court Adjudication
In consideration of these facts, Justice Juvvadi Sridevi found no faults with the municipal commissioner and granted him anticipatory bail. However, this bail comes with the strict condition that P. Ramakrishna Rao remains available for investigation.
FIR Quashed Against MA Mukheem in Encroachment Case
In a separate case, Justice K Sujana of the Telangana High Court has quashed an FIR filed against MA Mukheem. The complaint had been filed by the Ameenpur tahsildar, alleging encroachment on government land and obstruction of officials.
Magistrate Complaint Requirement
Justice K Sujana ruled that in cases involving accusations against public servants, they are required to file a written complaint before a magistrate. Ameenpur tahsildar’s failure to do so led to the quashing of the FIR against MA Mukheem.
The verdict provides relief to MA Mukheem from the legal proceedings associated with the alleged encroachments. However, it remains essential for public servants to abide by the legal requirements when making complaints against individuals in their official capacity.
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