High Court · 2025

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus. a. Declaring the two impugned proceedings in Lr.No.115/ G/TPS/ Cir-20l830 /GHMC I 2024 dated 12.11.2024 issued to the Petitioner No.1 and Lr.No.116/G/TPS/Cir-20l830/cHMCl2024 dated 12.11.2024 issued to the Petitioner No.2, as well as b. Declaring the action of the Respondent No.2 to 3 herein in highhandedly dispossessing the Petitioner No.l from her property in Plot No.SMestern part in Survey No. 88/'l and 89/1 , Serilingampally Village and Mandal, Rangareddy District, without considering the Representations dated 19.11.2024, 23.11.2024 and 26.12.2024 (acknowledged on 28.12.2024) given by the Petitioners herein, as illegal, arbitrary, honest in the eye of Law being violative of Article 3004, 14 and 21 of the Constitution of India and not in accordance with the Act No.30 of 2013 i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, c. Consequently, direct the Respondents not to interfere in the property of the Petitioner No.1 and 2: i.e., Plot No.5 Eastern and Westenl part, Survey No.88/1 and 89/1, Serilingampally Village and Mandal, Rangareddy District, without paying adequate compensation with all other statutory benefits such as Total Market Value Factor \/alue of Assets Solatium lnterest as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3 lA NO: 1 OF 2025 Petition under {iection 151 CPC praying that in the c.ircumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the Respondents not to interfere with the property of the Petitioners i.e., Plot No.5 Eastern and Western part, Survey No.88/1 and 89/1 Serilingampally Village and Mandal Rangareddy District, without paying adequate compensation as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20't 3, pending drsposal of the above Writ Petition Counsel for the Petitioner: SRl. DHARMESH D.K.JAISWAI- Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVEI-OPMENT Counsel for the Respondent Nos. 2&3: SRI RAPARTHI VENKATESH, SC FOR GHMC The Court made the following: ORDER a #, 1' HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIOITT No.1943 of 2o25 ORDER: Heard learned counsel appearing for the petitioners and Sri Raparthi Venkatesh, learned Standing counsel appearing for respondent Nos.2 and 3. Perused ttre record.

2. Petitioner No.1 is claiming that she is the absolute owner and possessor of part of plot No.5 admeasuring

133.5 Sq. yards in Sy.Nos.88/1 and 89/1, situated at Serilingampally village and maldal, Rangareddy district, within GHMC limits, on the strength of a registered sale deed bearing document No.1375 of 2OO2 dated

21.O2.2OO2. She has executed a gift settlement deed in respect of 66.66 Sq. yards in favour of petitioner No.2 - her husband. Thus, petitioner No.l is the owner of balance land i.e., 135.5 - 66.6 = 66.9 Sq. yards. KL,J W.P.No. 1943 of 2O25 2

3. It is the' specilic contention of petitioner No- 1 that respondent Nos.2 and 3 have already dispossessed petitioner No 1 from the said property for the purpose of laying of CC road without following due procedure laid down under law. In proof of the sarne, she has filed photographs.

4. In resp,ect of 2"d petitioner's property i.e., land admeasuring66.60 Sq. yards there are shc,ps. In proof of the same, he has hled copy of sketch. Respondent Nos.2 and 3 are tqging to dispossess petitioner No.2 from the subject property without following due trlrocedure laid down under law-. Aggrieved by the said action of respondent Nos.2 and 3, petitioners filed ttre present writ petition.

5. Whereas;, Sri Raparthi Venkatesh, learned Standing counsel app,3aring for respondent Nos.ll and 3 has produced written instructions, wherein it is stated that respondent No.3 informed the Land Acquisition Officer of a J KL,J W.P.No.1943 of 2O25 GHMC stating that petitioners did not give consent for acquisition of the said land and also for providing TDR in terms of G.O.Ms.No.33O, dated 28.12.2013. He has also produced written instructions of TDR to the said effect. The same a-re placed on record.

6. Respondent Nos.2 and 3 have right to acquire the land of the petitioners for any public purpose. At the same time, they have to follow the procedure laid down under the GHMC Act, 1955 i.e., Sections 146 and L47 of GHMC Act, 1955. The same are relevant and the same are extracted below: nSection 146 in Greater Hyd.erabad. Illuniclpal Corporation Act, 7955 d.eals utith Acqul.sitlon oJ immooable propertg bg agreement. l7 )Wleneuer it is prouided bg this Act that the Commissioner mag ocquire, or tuheneuer it is necessary or expedient for ang purpose of this Act that the Commissioner shall ac4uire, ang immouable propertg, such propertg may be acquired by the Commissioner on behalf of the Corporatton bg agreement on such terms at such rates or pices or at rates or pices not exceeding such maxima as shall be approued by the Standing Committee, eitlrcr generallg for ang class of cases or speciallg in a porticular ca-se. it +:r -il* KL,J W.P.No,1943 of 2025 4 t)tAnd ,)heneuer, under anA prouision of this Act' the 7#' * rtit"",.i- il' oitino*"a io' og'"t to palt t he uth ole or anu prtrtion of the expenses of icquiing any immouable ;;;;p;;!;:i'shatt do so on suctt terms and at rates or Dices o, ot rates or pnces not exceeding such maitna as bg the Standing ()ommittee as in"i l'.- "pprou.i aforeso;id. "\31: be laufut (3)Subje:ct to the prouisions d this !!' it E, *i Commissioner on behalf of Corporatton to agree t,i,lrri'7nJ""*'"';;';l;"a bnd ir of anv interest in' tand ,."a.a by the borpiration fo'- tP purposes ;;;*. uider chaptir XIII or with tle outner of ony right created bg legislatiue enoctment ,uii"n tnoy haue for ttre or., oni Jt ,,i,inno,i. of such land or of any interest in such land or tte ouner of ans such isht in.respect ';;';;;;";";iing 'of ""t forming part of the.land so .tteeded' anlt ,Cepiuation thereof or interference trereuttn ' -of -been - -approued bg the CorPoration' {r-i.il "i"tt'ae tLlNo iontract for Lle acquisition of ang immouable o, o1 oig interest therein or ang ight thereto or |-i""i 'tiJ pori*.ni of ing compensotion under 'sub-se.ctron (1)' 'iil itia, if the pnce or compensation to be 'iiia i'i such propertg or interest or ight P-xceeds ntpees fir. iio""""t rit "i and until such contract has been l Eueru contract or otler instntment relating to the W"iitt."- ii i-imouabte pr?p9lla -or ana interest,therein siall - be exe( ted bg the .r- i',a ;shr *Ereto Zo^^.Ztio#;r, slnll haue the commorL seal of the Zr,iir,-ri"" affixed thereto in tle presence: of -[ttt.to ^officers noiin'rt.a by'the Commissionerl [substituted bg A,ct No'3 ;r tqct4 t oid shatt also hnue ihe signature of tle soid ii*L qnL*l p"bstituted bv Act No'15 of :2013'l' (6)No <:ontract for the acqrti-sition of immouable propertg or Tny irtterest tierein or ang ight thereto '.'Lot exeanted as -(4) shatl be )\inding on ttre iliria"i Corporation. lZ)The foregoing prouisions of this section uthich applg to :on oiginit ioitroct relaiing to t-he .acquisition immouable propertA, o, ang iiterest therein' or ony rigltt in sub-section KL,J W-P.No. 1943 of 2025 5 tlrcreto, shall be deemed to applA also to anA uaiation or discharge of such contract. Sectioa 147 in Greqter Hgderabad. Municipal Corporation Act, 7955 deats utith l[sposal of propertg and. interests therein. (!)Wleneuer tlrc Commissioner is unable to acquire ang immouoble propertA under tle lost preceding section by agreement, tLe Gouentment maA, in their discretion, upon tte applicntion of the Commissioner, mad.e u.tith th.e approual of tle Standing Committee and subject to the other prouisions of thi.s Act, order proceedings to be taken for aquiring tle same on behalf of the Corporation, [in acardane uith tLe prouisions of the [Land. Acqtisition Act, 1894 (Central Act 1 of 1894)l [substituted. bg Act No.14 of 1989.1 as amended from time to time as if such propertg uere lond needed for a public purpose u.tithin the meaning of the prouisions of the said Act.l [p)The amount of compensation a utarded and all otLer charges inanned in the acquisition of ang such propertg shall, subject to all otLrcr prouisions of this Act, be fortfuuith paid by the Commissioner and thereupon the said propertg sholl uest in tLe Corporation. " Without following the said procedure, respondents cannot acquire the property of the petitioners. It is in violation of the procedure laid down under the GHMC Act, 1955 and also in violation of right gua_ranteed to the petitioners under Article 300-4 of Constitution of India. The said principle was also laid down by this Court vide order dated 13.12.2024 in W.p.No. 10026 of 2024. 1 8a .l*l Llr €F* KL,J W.I'>.No. 1943 of 2025 t' 6

7. As discutssed supra, adrnittedly, petil-ioners herein are absolute owners and possessors of 133.5 Sq yards i.e., part of Plot No.5 in Sy.Nos.88/ I and a9 l1 situated at Serilingampally viltage. Respondent Nos.2 and lJ have already dispossessed petitioner No.1 from her share of property without following due procedur:e laid down under law. Now, respondent No.2 has issued notice dated

12.L1.2O24 to petitioner No.2 under Section 146 of GHMC Act, 1955 seeking consent. Petitioner No.2 has already refused to give consent by way of submitting letters dated 19.LL.2024 atd 26.12.2024. Therefore, respondent Nos.2 and 3 shall follow the procedure laid down under Section 147 of the GHMC Act, 1955 in respect of acquisition of property belongs, to petitioner No.2. With regard to petitioner No.1, they have already acquired and they have to pay compensation in tr:rms of Section 147 of GHMC Act, 1955. Y \ \ KL'J W.P.No. i943 of 2025 7

8. In the light of the aforesaid discussion' this Writ Petitionisd.isposedofdirectingrespondentNo.2topay compensation to petitioner No' 1 in respect of her property admeasurin g 66'9 Sq' yards in terms of Section 147 of the GHMC Act, 1955 as expeditiously as possible' preferably within a period of three (3) months from the date of receipt of a copy of this order' g. In respect of petitioner No'2' respondent Nos'2 and f ( I 3aredirectednottodispossesspetitionerNo.2fromhis property i.e., land admeasuring 66'6 Sq' yards without following the due procedure laid down under the GHMC Act, 1955. He has already refused to give consent' Therefore, respondent Nos'2 and 3 shall follow the procedure laid down under Section 147 of the GHMC Act' lg55toacquirethesaidpropertyofpetitionerNo.2.Till then, respondent Nos'2 and 3 are directed not to dispossess petitioner No'2 from the subject property' There shall be no order as to costs' * d:t }E 4tk' KL,J \)\r.P.No. 1943 of 2025 f 8 As a s;equel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SO/-. P. CH. NAGABHUSHAMBA RAR ASSI CER To,

1. THE Principal Ilecretary, tvlunicipal Administration.and Urban Development Deoartment. Secretariai Buildings, Hyderabad, Telangana State. Hyderabad. Hvderabad. Telanoana State. Z. TUECommissioner, GREATE{HYDERABAD MUNICIPAL CORPORATION - (GHMC), HYDERABAD having its office at GHMC Complex, Tankbund Road, 3. Tr{E DEPUTY CO-MMISSIONER, Circle-20, serilingampaly, GHMC, 4 Triro CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN 5. One CC ro SRI DHARMESH D.K.JAISWAL, Advocate [OPUC] 6. One CC to SRl. RAPARTHI VENKATESH, SC FOR GHMC [OPUC] 7. Two CD Copies DEVELOPMET\IT ,High Court for the State of Telangarra, at Hl9erabad [OUT] BM m $ HIGH COURT DATED:2410112025 ORDER WP.No.1943 of 2025 .4< E l. r e //.. 1 I n F t ? 0 25 ( ), z r). 'li. Cc Sp.1 , CH -a' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS - '{-9 /ifr@f' u_.i I