30 December, 2013

Islamic University building shall not be used for any accommodation : HC

From Our Legal Correspondent,
Hyderabad , December 30:


Justice Nooty Ramamohana Rao of AP High Court on Wednesday made it clear that such of the floors in Islamic Arabic school , Tondawada village, near Tirupathi which are not covered by building permission shall not be used for any accommodation etc. The judge directed the oraginsers to explore the possibility of shifting the girls from the building as there is no occupancy certificate at all and report back to the court.

The judge was dealing with a batch of writ petitions field in this regard. It may be recalled that there has been controversy on this structure constructed by Madarasa-e-Niswan-Isha-Atul-Islam Urdu and Arabic Development Society through its President, Ms.Shaik Nowheera. This society filed a writ petition contending that the Tondawada grama panchayat is threatening to demolish the building though they had given explanation and are ready to pay the amount to regularize the extra floors constructed by them. Tirumla Tirupathi Samrakshana Samiti (TTSS) impleaded into this case. T.Subrahmanyam , a local farmer who fought the legal battle against this institution before the state government and successful in getting the revision dismissed by the government has also impleaded into this case. S.MuniGangi Reddy filed a separate case seeking demolition of this illegal building. It may be recalled that the judge had directed the SV University and TUDA to get a report regarding the strength of the building tested. The collector and the SP were asked to file reports. The Panchayat was aksed to explain the fact.

The district collector had submitted a report to the court on Monday and explained the factual position. The judge wondered how the building was put to use for accommodation for girls when there is no occupancy certificate. The judge said that no further works including, internal ancillary activity shall be done and the illegal floors shall not be used. The court inquired why the SP has not submitted the report. The Panchayat told the court that the site is within 100 meters of high way and the TUDA is the final authority. The builder was asked to explore the possibility of shifting the inmates as the safety is involved. The judge said that if the inmates were boys he could have ordered eviction forthwith, but the girls are housed and the safety of the girls is also to be kept in mind. The case is now listed to February fourth so that the certificate from experts regarding the strength of building will be available.

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