Telangana High Court stays demolition of Errum Manzil

Source: newindianexpress.com

HYDERABAD:  The Telangana High Court on Monday directed the State government not to demolish Errum Manzil building till further orders.  “As the subject matter is before the court, we expect that the government will respect the oral orders of the court,’’ it said.

The bench was passing this order in a batch of PILs filed separately seeking direction to the State government not to demolish Errum Manzil, for building new Assembly building in its place.  Another PIL was also filed by Noori Muzaffar Hussain and seven others, who claimed themselves as legal heirs of Nawab Safdar Jung Musheer-ud-daula Fakrul Mulk, who built Errum Manzil, against the demolition of the structure. 

When the matter came up for hearing on Monday, additional advocate general J Ramachandra Rao urged the court to grant two weeks time for filing counter affidavit.  When the bench was inclined to issue status quo orders on the demolition of the building, the AAG said that he would file a counter affidavit and argue the case in the afternoon. The bench then adjourned the case hearing to 2.15 pm saying that the government cannot take further action on issues which were sub judice and have to wait till final adjudication in the courts.   

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‘Any building over 100 years old is a heritage structure’

When the case hearing resumed in the afternoon, advocate C Prabhakar, made his submissions before the bench contending that the State government was abusing its power by resorting to the demolition of Errum Manzil.  He said that any building which was more than 100 years old was categorized as a heritage structure and the governments cannot take a decision to demolish such structures. He also said that since the building is located in Hyderabad, the common capital of AP and Telangana, AP too had rights on such structures.  

When the bench decided to post the matter to Wednesday for further hearing, advocate B Rachna Reddy, appearing for the petitioners, urged the court to grant status quo apprehending that the government would go ahead with the building’s demolition. The bench then, in its oral orders, directed the government not to take any adverse steps on Errum Manzil issue until the case was decided by the court. 

Civil dispute pending in HC

Petitioners Noori Muzaffar Hussian and others, in their PIL, stated that Errum Manzil was built in 1870 and a civil dispute was still pending in the High Court wherein the erstwhile government had taken possession of excess land from the Nawab who built the structure. They contended that the land belongs to the legal heirs of Nawab and the government cannot raze it without settlement of the civil dispute.