Telangana High Court Initiates Suo Moto Contempt Action Against Hyderabad Water Supply Board MD

The Telangana High Court has initiated Suo Moto proceedings against M. Dana Kishore, IAS, Managing Director of the Hyderabad Metropolitan Water Supply and Sewerage Board.

"In the circumstances, this Court is of the considered view that respondent No.5 ( HMWSSB) coming in the way of complying with the order passed by this Court in W.P.No.6465 of 2019 and seeking an unreasonable time of three months for making available the required funds. In the circumstances, this Court is constrained to initiate suo moto contempt proceedings against respondent No.5 and Registry is directed to register a suo moto contempt case against Sri M.Dana Kishore, IAS,Managing Director, HMWS & SB, Rajendranagar Mandal, Ranga Reddy District and issue notice in Form No.1 to respondent No.5."

Justice M Sudheer Kumar took serious note of the fact, that the respondent had failed to pay compensation for land acquisition, despite having clear directions from the High Court.

"When the possession of the subject property was taken over by respondent No.4 in the year 2010, without following due process of law and respondent No.5 is party to W.P.No.6465 of 2019, it is obligatory on the part of respondent No.5 herein to follow up the matter with District Collector concerned for concluding the acquisition proceedings at the earliest to comply with the order passed by this Court in W.P.No.6465 of 2019 and to make available the required compensation amount. But, unfortunately, no such steps are taken by respondent No.5 who illegally occupied and trespassed into the property of the petitioners."

The petitioners contended that they are joint owners of 3448 sq yards situated at Ranga Reddy District, which they acquired from their grandfather by way of a compromise decree in the year 1983.

It is the contention of the petitioners, that they petitioners were always traveling abroad, and hence, could not monitor the disputed land constantly. They stated, that on one of their visit to India, they noticed that a water tank was erected upon their property, by the HMWSSB, without any notice whatsoever.

The petitioners approached the HMWSSB for compensation along with interest, but when they received no reply, they approached the Court by way of Writ in the year 2019.

The HMWSSB filed counter stating that the land was acquired for the purpose of constructing 9 MLD capacity of Ground Level Storage Reservoir ("GLSR"). Further, construction started in November 2010 and was commissioned in 2017. HMWS&SW also assured the court that proceedings were initiated before the District Collector for acquisition.

• The writ was disposed off in 2021 considering the counter of the District Collector, with a direction to initiate acquisition proceedings and to pay compensation within a span of 4 months.

Nonetheless, when no fruitful outcome was achieved, the petitioners initiated contempt proceedings in 2021 against the District Collector.

The District Collector filed counter, wherein it was stated that proceedings for acquisition were initiated, and preliminary notification was published in two local newspapers on 23.11.2022.

The Court took into consideration that a substantial portion of the Court's order had been complied with, and paper publications were also issued.

Despite orders of the Court in the WP of 2019 and CC of 2021, when the respondent failed to comply with the order of the Court, the petitioners were constrained to file the present Writ. The petitioners brought to the notice of the Court that despite making repeated representations before the authorities for the past 8 months, neither was the solatium decided, nor was any notice of award inquiry issued.

Justice M Sudheer, considering the lethargy on part of the authorities, has ordered for compensation funds to be made available with the district collector within one month, failing which, the IAS office is directed to report in person before the Court.

"If the required funds are not made available with the District Collector concerned by 07.11.2023,respondent No.5/contemnor shall appear in-person before this Court."

Counsel for petitioner : Kailash Nath PSS

Marri Jayath Reddy v. State of Telangana.

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