HC restrains HYDRAA from demolitions without due process Property Pulse

The Telangana High Court has directed the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) not to carry out demolitions of alleged illegal structures without following due process, amid a rising number of complaints over the agency’s actions.

Justice B. Vijaysen Reddy, while hearing a writ petition, observed that the court had been dealing with several cases alleging arbitrary action by HYDRAA. The judge instructed the agency to refrain from demolition activities, except in cases involving removal of encroachments and restoration of water bodies, nalas, parks and public roads.

The court clarified that no coercive action should be taken in matters relating to unauthorised constructions, internal roads or removal of compound walls unless guidelines, in compliance with the GHMC and municipal laws, are placed before the court.

The observations came during the hearing of a petition filed by a property owner from Ailapur village in Patancheru mandal, who alleged that HYDRAA officials demolished his building without prior notice. The petitioner claimed that he had earlier obtained a court order restraining authorities from interfering with the property.

The petitioner’s counsel informed the court that an order passed in September 2024 had directed HYDRAA not to initiate coercive action in connection with the disputed property. However, the structure was demolished despite the existing order, the counsel submitted.

The Additional Advocate General Mohammed Imran Khan, representing the State, contended that the petitioner was attempting to misuse the court order to encroach upon government land and construct a multi-storey building without necessary permissions.

In its observations, the court expressed concern over the manner in which demolitions were being carried out. “It is shocking to see that demolition of a huge structure is made without any prior notice,” the judge said, questioning how such construction had been allowed in the first place.

The court noted that authorities cannot bypass due process, particularly in cases involving title disputes or long-standing possession of property. It emphasised the need for issuing notices before undertaking demolition.

Justice Vijaysen Reddy further directed HYDRAA not to carry out demolitions of alleged illegal structures anywhere until the next date of hearing, scheduled for April 20.

The case is part of a series of petitions before the High Court raising concerns over enforcement actions and procedural compliance by the agency.

COURT DIRECTIONS

• HC restrains HYDRAA from demolition actions 

• No coercive steps without due process 

• Notice mandatory in property dispute cases 

• Action allowed only for public encroachments 

• Guidelines to be placed before court