Telangana High Court on Wednesday passed an interim order staying the National Green Tribunal, Chennai bench’s direction for a probe into alleged expansion of Minister K.T. Rama Rao’s farmhouse in violation of GO 111.
A bench of Justices A. Rajasheker Reddy and P. Naveen Rao, which heard the plea filed by the Minister, gave the direction observing that NGT Chennai bench’s order prima facie was erroneous. The Tribunal order was in violation of sections 14 (3) and 19 (1) of the NGT Act-2010, the bench said.
Interestingly, another person B. Pradeep Reddy also filed another writ petition stating that the farmhouse in question was owned by him and the NGT had ordered probe without making him the party to the petition. He stated that it was against principles of natural justice. The bench issued the stay orders after hearing arguments presented by senior lawyers S. Niranjan Reddy and Raghuram for Mr. Rao and Mr. Reddy respectively.
Congress MP of Malkajgiri A. Revanth Reddy had filed a petition before the NGT alleging that the Minister had expanded his farmhouse located in Janwada village of Shankarpally mandal on the outskirts of Hyderabad in violation of rules. Janwada was among 84 villages coming within 10-km radius of two water bodies Osmansagar and Himayathsagar.
The MP contended that the farmhouse was built under restricted zone, where construction activities were already banned, through GO 111. The NGT formed a joint committee of Central and State officials to inspect the site and file a report. Though the counsels for Telangana government and Pollution Control Board said the petition was out of limitation, the Tribunal said the limitation question can be decided eventually.
Issuing the stay order, the bench said the petition before the NGT was that the construction was made in violation of GO 111 issued on March 8, 1996 which was not issued under the statute. This aspect was not considered by the NGT, the bench said.
The bench said the NGT should have ascertained the cause of action of the dispute. The alleged construction was made in 2015. But the petitioner A. Revanth Reddy moved the NGT on May 30, 2020. This was in conflict with sections 14 (3) of the NGT Act-2010. As per that section, the cause of action should be within six months of the dispute. After that no petition should be entertained, the bench said.