Telangana High Court Directs Status Quo on Waqf Properties for NH-44 Corridor
The Telangana High Court has issued a significant interim order directing authorities to maintain status quo on waqf properties in Secunderabad and Bowenpally that would be affected by the NH-44 elevated corridor project in Hyderabad. This directive comes as a temporary relief for religious institutions and burial grounds that face potential acquisition for the highway expansion.
Properties Affected and Legal Challenge
The properties likely to be impacted by the proposed acquisition include:
- Dargah Syed Saheb
- Two mosques in Secunderabad located on approximately four acres of land
- A Muslim graveyard at Bowenpally spanning around eight acres
Justice NV Shravan Kumar issued the interim order on January 28 while hearing a petition filed by Mohammed Abid and Mohammed Hafiz Ur Rahman Sharief. The petitioners have challenged the proposed acquisition of waqf land by both central and state government authorities for the highway project.
Petitioners' Arguments and Court Proceedings
The petitioners contended that authorities failed to properly consider their objections submitted to the district collector of Hyderabad, despite these properties being officially notified as waqf land. Their counsel, Aashir Mehtab Khan, presented several key arguments before the court:
- The land comprises religious institutions and burial grounds that enjoy legal protection
- Any disturbance to these properties would result in irreversible damage
- The authorities' inaction in deciding on the submitted objections was arbitrary
- Alternative land parcels are available nearby for the highway project
Taking note of these submissions, Justice Kumar directed the authorities to file their counters by February 11 while ordering status quo on the disputed properties until February 18. This gives both parties time to present their cases while protecting the properties from any immediate action.
Broader Implications and Legal Context
This case highlights the ongoing tension between infrastructure development and protection of religious properties in urban expansion projects. The NH-44 elevated corridor project represents significant infrastructure development for Hyderabad's transportation network, but it must navigate complex legal and cultural considerations when affecting protected properties.
The court's intervention demonstrates the judiciary's role in ensuring proper procedure is followed when government projects intersect with protected religious sites. The status quo order provides temporary protection while allowing for proper legal examination of the acquisition process and consideration of alternative solutions.
This development comes amid broader discussions about urban planning, religious property rights, and infrastructure development in rapidly growing metropolitan areas like Hyderabad. The court's careful consideration of both development needs and property protections sets an important precedent for similar cases across the country.
