The Telangana High Court on Monday disposed of a Public Interest Litigation (PIL) alleging encroachment of 97.06 acres of airport land in Mankhal village, Thukkuguda municipality, by real estate firm Vertex Developers LLP. The court declined to examine the matter on merits, citing incomplete pleadings and lack of authenticated material particulars.
The PIL was filed by Kukkala Krishna, a fisherman from Tukkuguda, who alleged that the developer had encroached upon government land for its Vertex KLR Giga City project and that the authorities failed to act on his repeated representations and complaints.
Court Finds Pleadings Incomplete and Lacking Details
A division bench comprising Chief Justice Aparesh Kuhttps://saptakala.com/booksmar Singh and Justice G.M. Mohiuddin observed that the petition did not provide essential factual details required for judicial scrutiny. The bench noted that the petitioner failed to specify:
• The exact extent of land allegedly encroached
• Survey-wise land details
• The nature of permissions or approvals obtained by the developer
• Relevant documentation involving authorities such as HMDA and RERA
The court observed that without such authenticated and specific particulars, neither the High Court nor the statutory authorities could be expected to initiate any meaningful action.
No Adjudication on Merits at This Stage
The bench made it clear that it was not adjudicating the allegations on merits, but disposing of the PIL solely on the ground that the pleadings were vague, unsubstantiated, and procedurally deficient. The court emphasized that PIL jurisdiction cannot be invoked on the basis of general allegations without supporting evidence.
Liberty Granted to Approach District Collector
While disposing of the petition, the High Court granted liberty to the petitioner to pursue the matter through the appropriate administrative channel. The court directed Kukkala Krishna to submit a comprehensive and detailed representation before the Rangareddy District Collector within four weeks.
The representation must be accompanied by:
• Supporting documents
• Survey numbers and land records
• Clear description of the alleged encroachment
• Any evidence indicating violation of law
Collector Directed to Examine Under Law
The court further directed the Rangareddy District Collector to consider the representation in accordance with law, including provisions of the Land Encroachment Act, 1905, after granting an opportunity of hearing to all concerned parties, including the developer.
This direction ensures that if credible material is placed on record, the matter can be examined administratively and appropriate action can be taken as per statutory provisions.
The order reiterates that while public interest litigation remains an important tool, courts require specific facts, verified records, and proper documentation before intervening in allegations of land encroachment involving large real estate projects.
The ruling also highlights the importance of approaching competent authorities with complete material before seeking judicial intervention, particularly in matters involving government land, planning permissions, and regulatory approvals.
By disposing of the PIL with liberty to pursue remedies before the district administration, the Telangana High Court has reinforced procedural discipline in PIL filings while keeping the door open for lawful inquiry. The onus now lies on the petitioner to substantiate the allegations with clear evidence and statutory details, enabling authorities to act under the law.
