HYDERABAD: The Telangana High Court has ruled that commercial activities like allowing heavy vehicles to park in the open spaces of private properties or plots against fees, without taking permission of the urban body authorities, was illegal and the municipal authority has the power to take action against the violators.
The court said that Section 161(1) of the Telangana Municipalities Act, 2019 stated that the municipality must take steps to remove, put down and abate all forms of nuisance affecting public peace, tranquility, public safety, public health, morals and decency within its jurisdiction, and take action against any person committing any such nuisance for abatement as well as for damages.
The court also said that under Section 282 of the Act, the government may empower any municipal officer or employee to exercise the powers of a police officer for the purposes of the legislation and of the Telangana Towns Nuisances Act, 1889.
The court was dealing with a petition filed by Gayathri Gardens GPR Layout Plot Owners Association of Bowrampet, Dundigal municipality. The association complained to the court that the municipality was not acting on its representations highlighting about illegal parking and commercial activities by a third party in around 20 acres of land that belongs to it.
Surya Satish, counsel for the petitioner association, brought to the notice of the court that a third party was exploiting the open spaces/layout, converting them into illegal parking lot for lorries and other vehicles and collecting parking fees from them.
On coming to know that there were several disputes over the land, the court, without going into the title dispute, directed the commissioner of Dundigal municipality to react on the allegations in their jurisdiction. The court specifically mentioned that notices shall be given to third parties, who should also get an opportunity to explain their contentions.
