Govt questioned over HYDRAA inaction towards Owaisi educational institutions

Hyderabad: The Telangana High Court on Thursday expressed serious concerns over the government’s handling of alleged encroachments in and around Salkam (Surram) Cheruvu, while hearing a petition accusing HYDRAA of failing to act against the buildings housing the educational institutions of Advocate Fatima Owaisi (KG-PG) and the Salar-e-Millat Educational Trust, founded by the AIMIM MP Akbaruddin Owaisi.

Justice NV Shravan Kumar questioned the state’s stand after the government submitted a joint inquiry report conducted by the irrigation department and other authorities which concluded that the educational institutions were not located in the reservoir bed or notified full tank level (FTL) of Salkam Cheruvu.

Appearing on behalf of the state, Additional Advocate General (AAG) Imran Khan filed a memorandum in the court stating that the GHMC had requested HYDRAA to forward the overlaid FTL map of Salkam Cheruvu to the district collector for further action. The government also relied on a recent survey indicating that the entire Bandlaguda Survey No. 62 was in the lake area. The court noted that the FTL contour map had been authenticated only by the officials of the irrigation department and had not been certified by the revenue authorities.

Justice Shravan Kumar pointed out apparent inconsistencies between the preliminary FTL notification issued in 2016 and the latest survey records, observing that the notified extent of the lake appeared to have been significantly reduced over the years.

The court wondered how the water spreading area could have shrunk despite no objections being registered to the initial FTL notification and observed that any changes made to the FTL notified after a thorough investigation by the revenue and irrigation departments required a proper explanation.

The court also asked why a retaining structure was built around the water body and why authorities did not inspect the site for almost a decade despite the preliminary notification identifying the boundaries of the lake. He further questioned why the findings of the Ministry of Finance were not reflected in the note submitted to the court.

Appearing in person, petitioner Vijay Gopal claimed that the authorities had failed to act despite repeated complaints about constructions in the FTL and buffer zone. He questioned the validity of the trust’s claim that it had applied for regularization under the Building Regularization Scheme (BRS).

The petitioner informed the court that the Trust had already obtained status quo orders from a coordinated court claiming that demolition proceedings had been initiated while its BRS application had been pending since 2016. He argued that the trust had only acquired the property in 2017 and questioned how it could have filed a BRS application a year earlier. He urged the court to examine the chronology of the documents relied on by the institution. He filed an application to involve the CBI and the Union Home Ministry.

Senior advocates J. Ramachandra Rao and P. Venugopal, appearing for the educational institutions and the trust, unsuccessfully challenged the maintainability of the writ petition. They argued that the petitioner had no standing since he was not an aggrieved person and had not filed the case as a public interest litigation. The court observed that every citizen has the right to bring suspected illegal constructions on public land and water bodies to the notice of a constitutional court.

Justice Shravan Kumar referred to the Supreme Court’s judgment in the ‘Bulldozer Case’, observing that although procedural safeguards governed demolitions, the apex court had clearly ruled that encroachments on lakes, river beds and other public water bodies were not entitled to legal protection. The court questioned whether Telangana had implemented the directions of the Supreme Court and directed the chief secretary to file, within three weeks, a detailed report outlining the steps taken by the state to comply with the directions.

School education department faces scrutiny

The school education department came under scrutiny by the Telangana High Court on Thursday after it failed to file an affidavit clarifying the recognition status of educational institutions run by advocate Fatima Owaisi Educational Institutions (KG-PG) and the Salar-e-Millat Educational Trust.

The education ministry’s lawyer had earlier informed the court that the ministry had not given permission to hold classes 1 to 10 for the current academic year and had sought one week to file an affidavit.

The same lawyer informed the court on Thursday that the trust had sought permission to run the institution for the 2026-27 academic year, but was unable to clarify whether permission had been granted for the current academic year. Asked by the court about authorizations from previous years, the lawyer maintained that he was not aware of them.

The court further took exception to the failure of HYDRAA, GHMC, HMDA, lake protection committee and school education department to file their responses despite notices issued more than 90 days ago. He asked all respondents to explain the delay and submit full counter-affidavits.

During the hearing, petitioner Vijay Gopal also claimed that he and his family had been subjected to online threats and harassment due to the litigation. Taking note of these arguments, the court observed that if the petitioner sought police protection, the state should consider providing appropriate security in accordance with law.

Allowing three weeks to file counter-affidavits, the High Court adjourned the matter to July 30.

The coordination bench recalled the status quo orders

Justice B. Vijaysen Reddy of the Telangana High Court on Thursday recalled an earlier order granting status quo in a writ petition filed by the Salar-e-Millat Educational Trust, after finding that its lawyer had failed to disclose a related case pending in another court.

Two days ago, the trust had approached the court complaining that although its application for regularization of buildings filed in 2016 was pending, the GHMC and other authorities were trying to demolish or attach the structures allegedly constructed at the full Salkam Cheruvu reservoir.

The court then issued status quo orders restricting the authorities. On Thursday, the same court recalled the order after learning that another petition on the same subject was pending before the coordinate bench of the High Court headed by Justice NV Shravan Kumar.

Justice Vijaysen Reddy held that this non-disclosure on the part of the company’s standing counsel had led it to pass the earlier order without knowing all the facts, and that allowing the order to stand could conflict with the proceedings already underway before the other bench.

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