N-Convention Centre itself an illegal structure, argues AG

HYDERABAD: Making it clear that the authorities would follow due process of law to initiate any action, including demolition of structures, K Ramakrishna Reddy, advocate general of Telangana state, told the High Court that the entire structure of N-Convention Centre belonging to actor Akkineni Nagarjuna near Gurukul Trust lands at Khanamet (Madhapur) was an illegal structure since it was constructed without obtaining any building permission from the Greater Hyderabad Muncipal Corporation (GHMC).

Justice A Rajasheker Reddy was hearing the petitions filed by Nagarjuna and another challenging the action of the authorities in fixing Full Tank Level (FTL) near his N-Convention Center without issue of notice to them. The judge sought to know from the state the factual position on the issue. The court reserved orders till Wednesday.

The AG said the authorities have visited the place only to ascertain facts about encroachment of Thamidikunta tank. Steps have been initiated as part of recommendations made by the Lake Protection Committee, he added.

'Only preliminary verification is conducted to ascertain facts of the lake to inform higher authorities. For this there is no law to issue notice to the party. The GHMC will follow due process of law to initiate any action on the issue, including demolition. So far, no cause of action initiated in this case', the AG noted.

He further said, 'The government has been facing questions from various courts in the face of rampant encroachments in all the 550 lakes situated in Greater Hyderabad area. Following the directions of Lokayukta, a lake protection committee was constituted and we are answerable to all the courts and also to this lake committee. Our officials will arrive at some conclusion after an informal visit to these lakes.'

'Lakebed is the property of the government. We go and verify the status of our property and where is the need for us to notify third parties for doing this? The authorities would definitely notify the high profile actor if they come to a conclusion that the lakebed was encroached for raising the N-Convention Centre,' the AG further said.

P Sriraghuram, senior counsel appearing for Nagarjuna, said there was a need to issue notice to the neighbours before fixing the boundaries, FTL and buffer zone of the tank. The authorities cannot resort to such unilateral action, he added.

The senior counsel expressed an apprehension that since all this was done without notice to the petitioner, the authorities may even resort to demolition of the building without informing him though he had 'legally acquired the land and constructed the building'.

S Niranjan Reddy, counsel arguing for another petitioner, N3 Enterprises and Nalla Pretham, the current lease holder of the function hall, sought directions to the authorities not to interfere with the peaceful possession of the petitioners.

Notice has to be served by the authorities before checking the premises. Not a cent of government land was encroached upon by the petitioners, he added.

Reacting to these arguments, the AG said the GHMC had categorically rejected the actor's application for regularising the building on August 12, 2010, and the actor then approached the High Court and obtained a stay the next day with the false plea that the GHMC officials were not taking any final decision on his application.

'If the GHMC decides to demolish this structure, it will definitely put the actor on notice. As of now, we have only made an informal survey of the adjacent lake and nothing more,' the AG noted. After hearing both the parties, the judge has reserved his orders.