The two-judge bench of the Telangana High Court on Tuesday said that it was startled at the manner in which officers of the TS Pollution Control Board (TSPCB) were acting. The bench of Chief Justice Alok Aradhe and Justice J. Anil Kumar was hearing a writ petition filed by Frosters questioning a PCB order under the Water Prevention & Control of Pollution Act 1974 requiring the petitioner to close down. The petitioner said that it had submitted its explanation to the joint chief environment officer but he had recorded that no explanation was offered. The bench left it to counsel to voluntarily present the officer in court to explain his action. The panel was of the prima facie opinion that an order blatantly contrary to the facts was probably passed only to enable the party to approach the High Court and indirectly enable the erring industry to run. With standing counsel assuring the court of the officer’s presence, the bench posted the matter to Wednesday.
HAL Housing Society writ appeal allowed
A two-judge bench of the Telangana High Court on Tuesday remanded to a single judge a matter relating to the exclusion of members to the HAL Cooperative Housing Society which owns about 62 acres of land in Hafeezpet. The appeal came in the fourth round of litigation on the issue. Earlier, a single judge at the instance of G. Ram Avathara and another granted an interim order to exclude the names of the appellants, at the admissions stage. In appeal, G.T. Shankar Rao and three others contended that the order of the single judge amounted to allowing the writ petition at the admission stage without hearing the affected parties.
Appointment of temple renovation committee stayed by HC
Justice N.V Shravan Kumar of the Telangana High Court on Tuesday suspended a notification issued by the state government for the constitution of the renovation committee for Sri Swayambhu Laxmi Venkateshwara Swamy Temple. The judge made an interim order in the writ plea filed by The Telangana State Charitable and Hindu Religious Institutions Founder Trustees Association questioning the power of the government to either notify or appoint such committees. It was contended that the temple was to be governed by a board of Trustees and when the government proceeded to appoint the board, the petitioners had obtained an interim order. The government, the petitioner contended, cannot be permitted to do indirectly what it was stopped from doing directly.
HC sets aside GHMC notice on commercial activity
Justice T. Vinod Kumar of the Telangana High Court on Tuesday set aside a notice issued by the GHMC for running a commercial establishment in a residential society. A writ plea was filed by D. Balamani contending that a notice was issued by the deputy commissioner stating that the petitioner was running a gymnasium in a residential area at Dhara/Bison, Registration Colony, Yapral, Malakjgiri, without permission. G Vidya Sagar, counsel for the petitioner, contended that it was not a commercial establishment and the GHMC failed to consider its explanation. He contended that the order passed by the deputy commissioner, Malkajgiri, was without application of mind and in violation of the GHMC Act and the Zoning and Development Promotion Regulations. The judge directed the GHMC to consider the contentions of the petitioner and pass a reasoned order.
