AA Edit | Revanth, HC Lock Horns on Land

An order from the Telangana High Court directing the state government to replace the commissioner of the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) — a government agency set up to restore lakes and reclaim encroached government lands in and around Hyderabad — has reignited an old debate on the “Lakshman Rekha”, the constitutional line separating judicial and executive domains.

The Lakshman Rekha was an oft-debated topic in the 1980s and 1990s. However, the term fell into disuse in the last decade and a half, perhaps due to the presence of a strong government at the Centre, which left little room for confrontation between the two pillars of democracy. In Telangana too, the Bharat Rashtra Samithi government functioned without major clashes, despite facing hundreds of contempt cases.

The latest flashpoint between the two estates arose after the high court fumed at HYDRAA, led by commissioner A.V. Ranganath, an IPS officer, for repeatedly defying its restraining orders favouring private parties, which have been claiming the ownership of lands that the government asserts as its own. Unlike many bureaucrats, Mr Ranganath pursued HYDRAA’s mandate, inviting judicial condemnation.

While the high court accused HYDRAA of defying court orders in 63 cases, HYDRAA countered that these cases were filed by individuals notorious for encroaching on government lands and open spaces.

HYDRAA, a brainchild of chief minister A. Revanth Reddy, has instilled fear among encroachers of government land, discouraging illegal constructions and dubious purchases. In the last two years, it reclaimed government lands — public property — worth Rs 1.5 lakh crore from encroachers. Mr Revanth Reddy, therefore, declared that postings and transfers fall strictly within the executive’s domain and vowed not to dial down HYDRAA’s mission, and he is prepared to challenge the single-judge order.

The vicious cycle often begins with individuals, actively aided by officials, manipulating records and erecting structures on government lands, taking the cover of status quo orders. The builder would be successful because of delays in the government’s pursuit of cases or in judicial pronouncements. Nevertheless, for the sake of the larger public good, both the executive and the judiciary must cooperate rather than confront.