The Telangana High Court last month dismissed a writ petition seeking a direction to declare a property in Begum Bazar, Hyderabad, which is purportedly the birthplace of former president Dr Zakir Husain, as a protected monument or heritage building. The judgment, delivered by Justice Laxmi Narayana Alishetty on September 10, centered on the petitioner's lack of locus standi (legal standing) and failure to produce substantive evidence of the property’s historical or architectural value. According to the judge, “the writ petition is devoid of merits and is liable to be dismissed”. “In the present case, a perusal of record would disclose that except alleging that Dr Zakir Husain, former President of India, lived in the said property, no material is placed on record to substantiate the said claim. Further, the petitioner has not placed any material as to the historical value or architectural importance of the subject property,” the judgment read. The petition, filed by a tenant operating a business in a part of the premises, contended that the property possessed historical importance, stating that Dr Zakir Husain was born there and lived there for eight years, and that newspaper articles had previously highlighted its value. The tenant claimed the owners were attempting to demolish the building, which was reported to be in a dilapidated condition. The Hyderabad Metropolitan Development Authority and the Greater Hyderabad Municipal Corporation opposed the petition, stating that the petitioner, as a tenant, had no locus standi to seek its declaration as a heritage property. They also confirmed that an official inspection found the property was being used for commercial activities and did not possess the architectural or cultural value required for notification as a heritage building. "Furthermore, the petitioner is a tenant and not the owner of the subject property and has failed to satisfy this Court as to his locus standi to file the present writ petition to include the subject property in the list of protected monuments/heritage buildings," the court said. In his ruling, Justice Alishetty made several remarks underscoring the legal deficiencies in the petitioner’s case. The judge examined the relevant provisions of the Ancient Monuments and Archaeological Sites and Remains Act 1958. The court emphasised that the Act provides a clear mechanism for declaring a monument as ancient, which involves action by the Central Government, often on the recommendation of the National Monuments Authority. The judge found the petition lacked the necessary groundwork and legal right. The court ruled that the tenant’s claim that Dr Zakir Husain lived in the property was merely a claim.
