SYED FAREES AHMED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner before this Court, who is claiming himself to be a social worker, has filed the present petition stating that large number of illegal structures belonging to religious institutions have come up on public land and the State Government is not taking any action in the matter. It has also been stated that the State Government has issued G.O.Ms.No.262, Revenue (Assignment-1) Department, dtd. 31/3/2010 and in spite of there being a Government order, no action has been taken by the State Government.

(2.) On the other hand, learned counsel for the State of Telangana has stated before this Court that in the light of the order dtd. 7/12/2009 passed by the Hon'ble Supreme Court in SLP (Civil) No.8519 of 2006, they have ensured that no structure comes up on public land belonging to religious institutions and they have categorised the structures under three categories. It has been stated that the Government has directed all the Collectors to ensure that unauthorised constructions are removed from public places and to relocate them. He has stated that the petitioner has not pointed out any specific structure in the present public interest litigation and therefore, the petition may be disposed of, as the State Government is already looking into the matter and no such structure is being permitted to be erected by the State of Telangana. This Court has carefully gone through G.O.Ms.No.262, dtd. 31/3/2010. The State Government, keeping in view the order passed by the Hon'ble Supreme Court, has taken a prompt action in the matter by issuing the aforesaid Government order and is making all possible endeavour to ensure that unauthorised religious structures as well as other structures, which are on the public land, are removed. The State Government, thereafter, has also issued another Government order i.e., G.O.Ms.No.263, Revenue (Assignment-I) Department, dtd. 31/3/2010. Paragraphs 6, 7 and 9 of the aforesaid Government order are reproduced as under:

(3.) District Level Committee has been constituted for removal of the existing unauthorised constructions of religious nature and monitoring is being carried out by the State Government in respect of unauthorised illegal structures and therefore, no further orders are required to be passed in the public interest litigation. However, it shall be open for the petitioner to point out any unauthorised religious structure, which comes to his notice, to the District Level Committee and in case, such structure is brought to the notice of the District Level Committee, the District Level Committee shall take appropriate action positively within four weeks from the date of receipt of such a complaint/representation by the petitioner.