High Court · 2025
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Petition undr:r section 151 cPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High court may be pleased to direct the respondents to consider the petitioners representations dated 23.04.2oo7 in continuation of the representations dated 15.04.2006 and 26.09.2000 for payment of compensation to the petitioners in respect of acquired property 113.83 sq.yds of tand at plot No.121, Sy.No. 1g6l4t3,H.No. 12_12_177 and 17711 at Ravinrira Nagar, seethaphalmandi, Secunderabad, pending disposal of the writ petition Counsel for the Petitioner: SRt. K. BUCHI BABU Counsel for the Respondent No.i: AGp FOR LAND ACQUISIT|ON Counsel forthe Respondent Nos.2&3: SRI G. MADHUSUDAN REDDy, SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.5343 OF 2014 ORDER: This writ petition is hled seeking the following relief: " ... to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the respondents in non payment of boinpensation in respect of Notice No. Al39Ol2OO4 dated 17.03.2006 Sl. No.4 under Schedule received from the Special Deputy Collector, Land Acquisition, Hyderabad and acquired the property 1 13.83 sqyds of land at Plot No. 121 Sy. No. L9614/3 H. No.72-12-177 and L77 /L at Ravindra Nagar, Seethaphalmandi, Secunderabad surrendered by the petitioners to MCH (GHMC) for road widening proposal without payment to the petitioners is illegal and violation of the Articles 14, 79, 2l and 300-A of the Constitution of India ......"
2. Heard Sri K.Buchi Babu, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent No.l and Sri G.Madusudhan Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3
3. Learned counsel for the petitioners sr.rbmitted that the petitioners are owners and possessors of the property i.e. Plot No. 121 Sy. No. 196 l4l3 H. No, 12-12-177 and 177 11 to an extent of 113.83 square yards situated at Ravindra Nagar, Seethapha-lmandi, Secunderabad (hereinafter referred to as 'the subject property') and the same was acquired by respondent Z a-) Nos.2 and ll authorities through proceedings No.Al39O/2004, dated 17.03.2006 under the provisions of the Land Acquisition Act, iB94 (hereinafter referred to asthe Act) for construction of Secunderab,a.d Flyover. However, the respondents have not paid the compensation to the petitioners. Thus, the petitioners have submitted representations on 15.04.200 6, 26.O9.2006 and, 23.O4.2OO7 requesting respondent Nos.2 and 3 authorities to pay the cornpensation, but they have not taken any steps to consider the said request without any reasons. The action of respondent Nos. 1 ald 2 is contrary to the provisions of the Act as well as violative of Article Nos. 14, 19, 21 and 300_A of the Constitution of India. 4 . Learnecl Standing Counsel submitted that if the representations submitted by the petitioners dated 75.04.2006, 26.O9.2006 and 23.O4.2OO7 ar:e still pending, respondent Nos.2 and 3 will consider the same in accordance with law.
5. Having considered the submissions made by the respective parties and taking into consideration the facts and circumstancel; of the case, this Court is not expressing any view i r@r /f 3 on the merits of the case, however, respondent Nos.2 and 3 are directed to consider the representations submitted by the petitioners dated 15.04.2006, 26.09.2006 atd 23.O4.2OO2 for payment of compensation in respect of the subject propert5r claimed by the petitioners, in accordance with iaw, after giving notice and opportunity including personal hearing to the petitioners, within a period of two (2) months from the date of receipt of a copy of this order.
6. With the above directions, the Writ petition is disposed of. It is needless to observe that the petitioners are enti ed to submit all the documents during the course of enquiry before respondent Nos.2 and 3 authorities. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs. //TRUE COPY// SD/-A. SRINIVASA R DDY R ASSISTANT REGI SECTION OFFICER To, Corporation, Hyderabad, Hyderabad District.
1. The Pdncipal Secretary, LA, Secretariat, Hyderabad. 2. The Commissioner & Special Officer / LAO, Greater Hyderabad Municipal 3. One CC to SRl. K. BUCHI BABU, Advocate [OPUC] 4. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of 5. One CC to SRI. G. MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 6. Two CD Copies \ff- Telangana at Hyderabad [OUTJ BM BS i CC TODAY
1..;- .. .'t :.- - ' (i' $, HIGH COURT DATED:1 810212025 ORDER WP.No.5343 ot 2014 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( a- 2t'l '1,/ ( t)- 1