3 weeks ago
Telangana High Court on Metro Heritage Approvals and Fund PILs
Some people in Hyderabad are building a new rail system called the Metro.
A part of the new line would pass through the old part of the city, where there are very old and special buildings.
Some people are worried that these old buildings could get damaged.
The government said it will get special permission before building near the old buildings.
Judges are checking whether that promise is being kept.
In a separate matter, two politicians asked the judges to tell the government to give money to farmers.
The judges said giving out money is the government's job, not the court's.
The judges will soon decide if the politicians' request can even be considered.
They will also meet again later in August to keep checking on the Metro project.
The Telangana government told the High Court it will secure statutory approvals before Metro Rail Phase-II heritage corridor works proceed between MGBS and Chandrayangutta.
A PIL by the Act Public Welfare Foundation questions the Phase-II Corridor-VI alignment through the Charminar and Falaknuma heritage precincts, with the next hearing set for August 27.
PIL counsel alleged protected and heritage structures were demolished even before permissions were secured and sought an independent commissioner to inspect the alignment.
The Supreme Court on June 2 dismissed a special leave petition filed by the PIL petitioner seeking a stay on the ongoing Metro works.
The High Court questioned BRS MLA T. Harish Rao and BJP legislator Payal Shankar over PILs seeking directives to release loan waivers and input subsidies, reserving orders till August 14.
- Who
- A division bench of the Telangana High Court comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, the state government, Hyderabad Metro Rail, the Act Public Welfare Foundation, BRS MLA T. Harish Rao and BJP legislator Payal Shankar.
- What
- The court heard a PIL over Metro Rail Phase-II works passing through heritage zones and questioned PILs filed by lawmakers seeking directions to release government funds.
- Where
- Telangana High Court, Hyderabad.
- When
- The cases were heard on Wednesday; the next hearing in the Metro case is August 27, and orders on the fund-release PILs were reserved till August 14.
- Why
- To ensure heritage structures along the Metro alignment are protected through statutory approvals, and to decide whether courts can direct governments to disburse funds.
Petitioners' perspective
Government and court position
Metro construction and heritage structures
Petitioners' perspective
PIL petitioners argue that Metro construction through the Old City was carried out by demolishing protected and heritage structures even before statutory permissions were secured, and they seek an independent commissioner to inspect the alignment.
Government and court position
The state government says it is following the statutory process for obtaining permissions and will proceed with work only after approvals are obtained if affected structures exist.
Courts directing release of government funds
Petitioners' perspective
Senior counsel for the petitioning lawmakers argued that judicial intervention is permissible where the executive fails to implement its own policy decisions, citing Supreme Court judgments.
Government and court position
The High Court observed that fund allocation and disbursement fall within the executive's policy domain and that courts cannot assume the role of implementing government orders.
Key facts
- Court
- Telangana High Court
- Metro alignment in question
- Hyderabad Metro Rail Phase-II, Corridor-VI, MGBS to Chandrayangutta
- Heritage precincts
- Charminar and Falaknuma
- Next hearing (Metro PIL)
- August 27
- Orders reserved (fund-release PILs)
- August 14
- Supreme Court action
- Special leave petition seeking stay dismissed on June 2
- Key laws cited
- Telangana Heritage Act, 2017; Ancient Monuments and Archaeological Sites and Remains Act, 1958
- Petitioners
- Act Public Welfare Foundation; BRS MLA T. Harish Rao; BJP legislator Payal Shankar
Sources
Related news
Telangana High Court allows Metro acquisition, protects farmers' access
Telangana High Court Suspends Corridor Land Acquisition Proceedings
Hyderabad Infrastructure Projects Face Central Clearance Delays
HMRL Inspects Road Widening for Hyderabad Old City Metro
Telangana High Court Orders on Land Regularisation, Estate Suit, Dogs
Departments Urged to Clear Hyderabad Metro Phase II
Farooq Abdullah’s Threat Claims Ignite Fury Over Kashmir Statehood
GDP Row Escalates as Government Rebuts 2.6% Growth Claim
Karra Says J-K People Caught Between Two Power Centres
Telangana BJP Accuses Congress of Intimidating Opposition
Vijayendra's Ballari Chalo Highlights Drought, Farmers And Congress Government Criticism
