Telangana HC seeks fresh affidavit from heritage director on construction near Golconda fort
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice P Sam Koshy issued the direction while hearing an appeal filed by a businessman challenging a March 2025 order passed by a single judge of the high court. The single judge had earlier directed the director of heritage to grant permission to the builder in accordance with the NMA's directives.
During the hearing on Wednesday, Chief Justice Singh said: "The competent authority, is it a post office service or do they have some role in implementing the orders? There should be some application of mind."
The Chief Justice further remarked that they do not have any issue with authorities implementing the orders, as long as they are in accordance with the law.
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The bench observed that the director of heritage had earlier opposed the builder's request in a counter-affidavit filed on June 21, 2021, but failed to file any subsequent updates clarifying whether those objections were addressed or if the builder had complied with necessary conditions.
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Meanwhile, the counsel for the appellant informed the court that the no-objection certificate granted to the builder by the NMA in April 2019 is currently under challenge in a public interest litigation pending before the high court.
Taking note of these submissions and referring to relevant provisions of the Ancient Monuments and Archaeological Sites and Remains Act, the bench directed the competent authority to submit a clear affidavit confirming whether the builder fulfilled all requisite conditions.
The matter has been posted for further hearing in two weeks.
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