Telangana High Court Orders NOC for Villas Near Golconda Fort
Aditya Homes Gets Green Light After Legal Battle
The Dispute
In a significant ruling, the Telangana high court instructed the state’s heritage authority to issue a no objection certificate (NOC) to Aditya Homes for building villas near Golconda Fort. The court decided that the state authority should adhere to the National Monuments Authority (NMA) recommendations.
- Aditya Homes signed a development agreement for a 14-acre plot in Qila Mohammed Nagar village
- Received an NOC from the NMA in 2008
- State authority withheld final clearance
- Social activist Mohammed Azam Khan filed a PIL to protect Golconda Fort and challenge the villa project
Prohibited vs Regulated Zones
Justice Moushumi Bhattacharya explained the difference between prohibited and regulated zones around Golconda Fort. The villa project is located within the regulated zone, where construction can be allowed under certain conditions.
- Construction is strictly forbidden in some areas
- The regulated zone permits construction under specific conditions
- The NMA assessed the project’s impact and granted approval
- The state authority is legally required to follow the central authority’s decision under the Ancient Monuments and Archaeological Sites and Remains Act, 1958
State’s Obligation to Act
The high court criticized the state authority for postponing approval despite clear instructions from the NMA. The court ruled that the state authority must comply with the central authority’s recommendation within one month.
- Aditya Homes petitioned the high court due to delays
- The NMA reaffirmed its approval in April 2019
- State counsel claimed no official communication was received from the Centre
- The court rejected this argument as an unjustified delay
The Ruling
The high court ordered the state authority to issue the NOC within four weeks, marking a critical legal victory for Aditya Homes.
