Introduction:
Hyderabad, one of the fastest-growing cities in India and ranks among the top ten growing cities globally[1]. However, despite this rapid development, the city occasionally faces severe challenges related to urban flooding, particularly during heavy rainfall, which has resulted in tragic consequences. Recently on September 3, 2024, torrential rains resulted in the tragic loss of 16 lives, while previous floods in October 2020 claimed 33 lives and inflicted damages to the properties totalling ₹670 crores[2]. Due to the encroachment of lakes, nalas, etc, the area of the lakes is reducing rapidly leading to the rainwater flowing into the urban areas causing damage to the life and property. It is alarming to note that, National Remote Sensing Centre (NRSC) reports that 61% of the lakes in Hyderabad city has been shrunken between 1979 and 2023 with the total area of lakes diminishing from 40.35 sq. kms to 16 sq. Kms. [3]Therefore, there is a need to protect the lake areas from the encroachments for real-estate constructions.
In response to the above pressing issues, the Telangana Government has established the Hyderabad Disaster Response and Assets Monitoring and Protection Agency (HYDRAA), under Government Order (GO) 99 dated July 19, 2024, for the removal of encroachments (i.e., protection of government assets) as one of the objectives as mentioned hereunder.
Historical Context:
Prior to the establishment of HYDRAA, disaster management and land encroachment issues were vested with the Greater Hyderabad Municipal Corporation (GHMC), a civic body established under GHMC Act, 1955, responsible for the administration of the city of Hyderabad. However, as urban challenges have increased, the Government proposed transferring certain responsibilities to a unified and dedicated agency for exercising responsibilities relating to disaster management, asset protection, enforcement etc in all the areas coming under the jurisdiction of GHMC and all other urban local bodies and rural local bodies up to the Outer Ring Road (ORR). This move aims to streamline disaster management, asset protection and service delivery in the rapidly growing Hyderabad metropolitan region.
Full Tank Level Zone and Buffer Zone:
No construction should be made on full tank level (FTL) zone and buffer zone as they are restricted by the Hyderabad Metropolitan Development Authority (HMDA) vide circular No. 613/HMDA/Dev/EE L&P/2015/Noti 16th Phase(ORR) dated 18.07.2017. FTL refers to the maximum water level that a reservoir, lake or other water body can reach under normal conditions. It serves as the upper limit for water storage, indicating the highest point where water can be found around a water body. Buffer zones are designated area’s surrounding FTL where construction and other development activities are restriction or prohibited. These zones are established based on their proximity to rivers, lakes, tanks, nalas (drains), and other water bodies.
Case filed against HYDRAA:
In the case of Writ Petition (WP 99/2024) filed by D. Lakshmi in the Telangana High Court, it was contended that the HYDRAA did not adhere to proper legal protocols before taking action against her. The petitioner argued that the GHMC Act did not allow the government to delegate its statutory powers to another authority. GO 99, which granted HYDRAA powers typically reserved for the GHMC, is argued to be beyond the government’s jurisdiction, as statutory functions cannot be delegated unless explicitly permitted by the statute.
In pursuance to the above petition seeking a direction to quash G.O.Ms. No. 99, the High Court of Telangana has directed the state government to submit all details connected to constitution of HYDRAA before the court.[4]
Directives to HYDRAA issued by High Court of Telangana pursuant to the writ petition(s) filed:
Justice K. Lakshman and Justice T. Vinod Kumar, Telangana High Court, issued a set of guidelines for HYDRAA regarding its approach in handling encroachments and constructions thereon[5]. These guidelines aim to ensure that the agency operates within legal frameworks and maintains public trust.
- Review of Property Titles: Before taking any enforcement action, HYDRAA shall conduct a thorough review of the property titles of individuals accused of encroachment or unauthorized construction.
- Gathering Permissions: The agency is required to collect all relevant permissions obtained by individuals from authorities such as the Greater Hyderabad Municipal Corporation (GHMC) and local municipalities. This ensures that any prior legal approvals are considered before enforcement actions are initiated.
- Adherence to Legal Procedures: HYDRAA must strictly follow the procedures outlined in Government Order Ms. 99, which provides a framework for its operations.[6]
- Building Public Confidence: The agency is tasked with maintaining public confidence by following due legal processes. The court recognizes that transparent and lawful operations are essential for maintaining the credibility of state agencies and avoiding public discontent.
Relevant Case Laws:
Pilli Lakshmana Rao And Ors. vs Executive Officer, Gram Panchayat [W.P. No. 26400 of 1997 decided on February 16, 1998] [http://www.scconline.com/DocumentLink/Ou6Cqnas]
A writ of mandamus was filed seeking the directions to authorities to neither evict the occupants not to demolish the constructions. In this case, the High Court of Andhra Pradesh has held that “If the authorities, viz., the Mandal Revenue Officer (MRO), Revenue Divisional Officer (RDO), Executive Officer of local authority want to take any action of eviction, dispossession or demolition, first they shall issue a notice to the occupant/s calling upon him/them to show-cause as to why the proposed action shall not be taken. On receipt of such objections or explanation, if there is any objection as to the ownership of the property, the MRO or other authorities concerned shall determine the extent of encroachment or unauthorised occupation and shall determine whether the property in question belongs to the Government or any other local self-Government authority or to the occupant/s. If the demolition took place is in respect of the property of the Government, the question of payment of damages will not arise. The MRO shall issue a notice within 60 days from the date of receipt of a copy of this Order calling upon the claimant/occupant/s to show-cause as to why the action proposed shall not be taken by giving 60 days’ time to file the objections, if any. The person interested viz., the occupant/s shall submit him/their objections or explanation within the time stipulated together with any other documents he/they would like to rely upon in support of their case. On receipt of such explanation/objections and documents, if any, the MRO or the concerned authority shall consider the same, if necessary, by giving an oral hearing and then pass appropriate orders within three months thereafter.
HYDRA Search:
To verify whether a property is situated within the Full Tank Level (FTL) or Buffer Zones of local lakes, the users may access the website https://lakes.hmda.gov.in/, which is managed by the HMDA.
HYDRAA will have the authority to address issues related to encroachments in buffer zones, full tank levels (FTLs) of lakes, tanks, and nalas.
For making the HYDRAA search, we need to input specific details in the said website such as the survey number or location details (district, mandal and village). We can access the relevant information, including lake boundaries and any applicable restrictions. We can check whether our survey no. i.e., in respect of the property to which we are making the due diligence, is reflected in the said website, as this website provides the details of the encroached property and its survey no. By this we can ensure any limitations on construction or land use before making a decision in respect of the property.
[1] https://www.weforum.org/agenda/2018/12/all-of-the-world-s-top-10-cities-with-the-fastest-growing-economies-will-be-in-india/
[2] https://www.thehindu.com/news/cities/Hyderabad/33-dead-679-cr-loss-in-city-due-to-floods-ktr/article32895904.ece
[3] https://www.thehindu.com/news/national/telangana/hyderabad-disaster-response-agency-to-spread-tentacles-against-all-encroachments/article68516586.ece#:~:text=National%20Remote%20Sensing%20Centre%20(NRSC,has%20been%20reduced%20by%2061%25&text=The%20Hyderabad%20Disaster%20Response%20and,the%20Greater%20Hyderabad%20Municipal%20Corporation.
[4] https://www.thehindu.com/news/national/telangana/present-statute-details-backing-hydraa-hc-to-government/article68639591.ece
[5] https://www.tgnns.com/telangana/hc-issues-guidelines-to-hydraa-telangana-on-unauthorised-structures-removal/2024/08/27/
[6] Telangana HC orders HYDRAA to follow legal procedures before demolition (newindianexpress.com)