Gulzar House Constructions: HC Summons Civil Court Record

HYDERABAD: Turning serious towards two builders who were raising illegal structures near

Charminar

heritage structure by misleading courts and by suppressing facts, the Telangana high court on Tuesday summoned the entire record pertaining to an injunction order issued by a civil court in Hyderabad in respect of constructions at Gulzar House near Charminar.


The bench of Chief Justice T B Radhakrishnan and Justice A Rajasheker Reddy gave this direction to court’s registrar general asking him to obtain the record and the civil court order because that order was being shown as a pretext to perpetrate an illegality. The bench was hearing a public interest petition filed by Om Prakash Soni of old city seeking stringent action against the persons who have resorted to illegal constructions in Gulzar House near the Charminar which is a heritage structure. Illegal constructions in the vicinity of Charminar mushroomed and these constructions could be made only with the connivance of GHMC officials, the petitioner contended.

According to the petitioner, two businessmen Vinay Kumar and Utkarsh Agarwal, both residents of Gulzar House area are raising illegal structures there. When GHMC officials stopped them and issued notices asking them to stop the illegal constructions, they approached the city civil court which granted in injunction order. But this injunction order is no licence to the builders to continue their illegal activity. But the builders used this injunction order as a pretext to complete their illegal structures. GHMC officials maintained tacit silence though they knew what an injunction or status quo means. It is a restraint order that is applicable to both parties. Taking serious note of this aspect, Chief Justice Radhakrishnan observed that both the two individuals have resorted to suppression of facts. The bench was also skeptical about the role played by GHMC officials in the matter. The bench wondered as to how this could happen even after the GHMC noticed the illegality and notified the offenders. It wanted to know from the GHMC as to why its officials remained mute spectators even when the two individuals were completing their illegal structure. The bench would examine the record of the city civil court on March 14.

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