done: arun
Hyderabad: In a significant ruling, the Telangana high court has directed the state’s heritage authority to grant a no objection certificate (NOC) within four weeks to Aditya Homes, a real estate firm, for constructing villas within the regulated zone of Golconda Fort. The court said that the state authority had no choice but to abide by the recommendations of the National Monuments Authority (NMA).
Aditya Homes entered into a development agreement with landowners for a 14-acre plot in Qila Mohammed Nagar village (survey Nos. 250, 251, 252P, 253, and 255) and obtained an NOC from the NMA in 2008. However, the state authority did not grant the final clearance required for the project to proceed.
The legal battle arose after social activist Mohammed Azam Khan filed a PIL seeking protection for Golconda Fort and opposing the villa project. He argued that the construction falls within the fort’s regulated zone and is part of a proposed heritage corridor connecting Golconda Fort and Quli Qutub Shahi Tombs. He urged the court to hold off on any decision until the PIL is resolved, which is currently pending before a division bench.
Prohibited vs regulated zones
Justice Moushumi Bhattacharya clarified the legal distinction between prohibited and regulated zones around Golconda Fort. She said that while construction is strictly prohibited in certain areas, this particular villa project falls within the regulated zone, where construction can be permitted under specific conditions. The NMA had already reviewed the project’s impact and granted approval, making the state authority legally bound to follow suit under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The judge questioned the activist’s locus standi in the matter and dismissed concerns regarding the proposed heritage corridor. She noted that the tombs fall under state protection as per the Telangana Heritage (Protection, Preservation, Conservation and Maintenance) Act, 2017, while the fort is a nationally protected monument governed by the 1958 Act. Given these separate legal frameworks, the proposed corridor does not override the NMA’s decision.
State’s obligation to Act
The high court also criticised the state authority for delaying the approval despite clear directives from the NMA. The court ruled that the state authority must act in line with the central authority’s recommendation within one month, as mandated by the law.
Challenging the state’s inaction, Aditya Homes approached the high court, arguing that the NMA had reaffirmed its approval in April 2019, making further delays unjustified. The firm assured the court that it would comply with all conditions imposed by the NMA, including restrictions on construction height.
In response, the state counsel argued that no official communication had been received from the Centre regarding the project’s approval. However, the court dismissed this as an unreasonable delay and ordered the state authority to issue the NOC within four weeks, marking a crucial legal victory for the real estate firm.