With spike in corona cases, HC directs State to put meeting on hold

Hyderabad: The High Court division bench comprising Chief Justice Raghavendra Singh Chauhan and Justice Bollam Vijaysen Reddy heard a writ petition on Thursday filed by M. Raji Reddy and four others, all agriculturists, hailing from Mamidi village, Nyalkal Mandal, Sangareddy District seeking a stay on the notification issued for the public hearing meeting.

It was to be held on the proposed establishment of the National Investment and Manufacturing Zone (NIMZ) near Zaheerabad in Sangareddy District on an extent of Ac.12,635 guntas land at a cost of more than Rs. 4000 crore.

The High Court Chief Justice Bench directed the State Government to put on hold the public hearing meeting scheduled to be held on Friday in Sangareddy. The Bench further said that the State government shall be free to postpone the public hearing meeting and to hold the hearing on a future date.

Moreover, on the future date, the Central Government guidelines should permit the State government to organise large gatherings and congregations of the people. Any such public hearing/congregation will have to be strictly in accordance with the law, the bench added.

Despite the fact that there is a steep surge in Covid-19 cases in Sangareddy, the Telangana Pollution Control Board was going ahead with the conduct of public consultation and hearing meeting on July 10 in Sangareddy.

Chief Justice Chauhan said the State government cannot be permitted to violate the guidelines issued by the Central government and the High Court cannot remain an accomplice to such violation by permitting such a large congregation, that too when there is a huge surge in Corona cases in the State.

Even though the State government has made elaborate arrangements with all precautionary measures at the public hearing meeting, the guidelines of the Central government cannot be flouted, the court opined.

Further, as per the order dated Jun 29 passed by the Union Home Ministry, it clearly prohibited not only social/political/sports gatherings, but also other large congregations till July 31. The State Government vide it's GO. No.23, dated June 30 has adhered to the guidelines issued by the Central government which are in force till the end of July.

The Court also recorded the contention of the Advocate General Banda Shivananda Prasad that it is a prestigious project, which is coming up in the State and will attract huge Investment from overseas and generate employment opportunities. If this project is halted, then there is a threat of this project going to some other State, depriving the people of Telangana a good opportunity of establishing a good project.

In the wake of Coronavirus originating from China, many investors are evincing interest in establishing projects in the State, buttressing his contention by saying that states like Maharashtra and others have already gone ahead with such projects, amidst Corona.

CJ bench pointed out that a part of Sangareddy falls under the GHMC and the fact is that there is a huge spike in Corona positive cases in GHMC and even in Sangareddy, there is a spurt in Corona cases.

As per the State contention, nearly 1200 persons will assemble at the public hearing meeting, jeopardising their lives. Public hearing cannot be scuttled at the cost of violating Central government guidelines, CJ opined.

Cannot compel State to take policy decision: High Court

The High Court Division Bench headed by Chief Justice Raghavendra Singh Chauhan and Justice Bollam Vijaysen Reddy on Thursday heard two public interest litigations seeking the postponement of the semester and final year UG, PG, TS-EAMCET, T. Common Entrance Test, in the State due to coronavirus pandemic situation.

Petitioner Balmoori Venkat Narsing Rao, President NSUI, Telangana State sought a direction to the State Government to promote all such students appearing for the final year examination of UG & PG courses, based on their internal assessments as was done in Punjab, Haryana, Maharashtra, Pondicherry etc., keeping in view the widespread of Covid-19 cases.

Advocate General Banda Shivananda Prasad informed the bench that the State Government will hold the above examinations as per the UGC norms and as per the Standard operating procedures promulgated by it dated 8-7-2020 and the dates of the examinations will be fixed later. Adhering to the UGC norms, the examinations will be held in near future and till such time the Examinations cited are postponed, AG said.

CJ Bench refused to accept the submissions of petitioner counsel Damodar Reddy and pointed out that this Court cannot compel the State government to take a policy decision. UGC says the State Government should postpone the exams to a later date.

'Perhaps, God forbid, the condition in our State deteriorates, the State will come up with a decision not to hold the examination at all. We do not know whether the conditions will improve or deteriorate. Let us see, as the coronavirus has spread its tentacles to a great extent in the state, we have not been able to hold the examinations in Nalsar in July', the Bench added.

Moreover, the Court pointed out that the Standard Operating Procedure of UGC has given sufficient time to the state to hold the above examinations. Hence, it will hold when the situation normalises. The CJ Bench adjourned the two public interest litigations by three weeks and directed the State Government to file its counter-affidavit.