17-09-201917-09-2019 12:06:39 IST
2019-09-17T06:36:39.629Z17-09-2019 2019-09-17T06:36:35.984Z - - 20-10-2019
Calling out the Telangana state government for ignoring its duty of preserving the heritage, and identity of Hyderabad, the Telangana High Court on Monday set aside the decision of the Council of Ministers to construct a new legislative Assembly complex at the Errum Manzil palace site.
A division bench comprising Chief Justice Raghavendra Singh Chauhan and Justice Shameem Akther pronounced its verdict on the public interest litigations (PIL) challenging the proposed construction of a new Assembly complex after demolishing the existing Errum Manzil.
Observing that the proposed construction of a new legislative complex would be possible only after the demolition of the 150-year-old Errum Manzil palace, a heritage building, and other buildings located on a site of more than 30 acres of land, the Bench found fault with the state government for “ignoring its’ imperative duty to preserve heritage buildings and sense of culture and identity of the city.”
The court remarked, “The State cannot afford the luxury of forgetting that destruction of a heritage building will rob people of the essence of their identity, and will deprive the city its sense of uniqueness”.
The court declared that the decision of the council of ministers was in violation of various provisions of law, arbitrary and legally unsustainable.
The bench also pointed out that the decision overlooks the orders the court issued in 2016, which had directed the government to seek permission before modifying, demolishing or altering any structure declared as heritage, under Regulation 13 of the Zoning Regulations, 1981, which continues to exist, and provides protection to “protected heritage buildings.”
“The government has overlooked the fact that under the master plan, 2010, certain areas of Hyderabad have been declared as special reservation zones (SRZ), which incorporate heritage buildings and heritage sites, and the earmarking of Errum Manzil as an SRZ,” the Court observed.
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