MohammedJawadlqbal v. 1. The State of Telangana

PetitionunderArticle226otlheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the actions of the Respondent Nos.3 and 4 in issuing dt'02-01-2025 and the Two Notices vide (i) Lr'No'9LiRW/ACPiC12]GHMC|2O25 (ii) Lr.No.1oL/RW/ACP/C12IGHM Ct2O25 dl'O2-01-2025 along with Consent Letter to the Petitioner and demanding that the Petitidner should give consent and handover the advance possession of a portion of his Two properties (i) Shop No.7 on the Gr.und Floor, bearing Municipal No.1O_4_17114lG/7/NR (pTl No.1121001150) admeasu ring 521 Sq.feet (inclucting common areas) together with proportionate undivided share of rand to an extent of 12 sq.yards or 8.24 Sq.Mts., out of the total land area of 7Bg.S Sq.yards or 662 Sq.Mts., of the Complex known as Mawin Famous plaza in the premises bearing Municipal Nos10-4-771r411' 10-4-771r4t1r1, 10-4-771t4t2, 10-4-771/4/2rA and 10_4_ 771l4l2lB on plot I.Jo.11, Block No.lll, situated at Sriram Nagar Colony, Masab Tank, Hyderabad and (ii) shop No.g on the Ground Floor, bearing Municipal No'10-4'771r4lc/8/NR (p, No.1121001171) admeasuring 429 Sq.feet (incruding common areas) together with proportionate undivided share of rand to an extent of 9.86 Sq.yards or g.24 Sq.Mts., out of the total land area of 788.5 Sq.yards or 662 Sq Mts ' of the comprex known as Mawin Famous praza, in the premises bearing Municipar Nos.10-4-771r4r1, 10-4-77114/1t1, 10-4-771t4t2, 1o-4- 771r4r2rA and 10-4-771r4r2t8 on prot No.11, Brock No.r, situated at Sriram Nagar Colony, Masab Tank, Hyderabad, as illegal, arbitrary and in violation of Principres of Naturar Justice and arso in vioration of Articres, 14, 21 and3oo-A of the Constitution of lnclia in the interest of justice IANO:1OF 2025 petition under fiection r 5 r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondenl Nos.3 and 4 not to demorish or dispossess the petitioner from his Two properties ie (i) shop No.7 0n the Ground Floor, bearing Municipar No'10-4-771t4lG/7/NR (p, No.1121001 150) admeasuring 521 sq.feet (incructing common areas) together with proportionate undivided share of rand to an extent of 12 Sq'yards or 8'2tr sq Mts', out of the totar rand area of 788.5 sq.yards or 662 Sq Mts ' of the crrmprex known as Mawin Famous praza in the premises bearing Municipal Nos.10-4-771l 4t1, 10t4t771t4t1t1, 10-4-771r4r2, 10-4-771t4/2rA and 10141771r4t2rB on jf,rot No.11, Block No.r, situated at sriram Nagar corony, Masab Tank, Hyderabad and (ii) Shop No.g on the Ground Floor, bearing Municipar No'10-4-771/4/./B/NR (p, No.11210 01171) admeasuring 429 Sq.feet (incruding common areas) together with proportionate undivided share of rand to an extent of g'96 sq yards or g'24 sq.Mts., out of the totar rand area of 7gg.5 sq'Yards or 662 sq Mts., of the comprex known as Mawin Famous praza in the I I <. ).- premisesbearingMunicipalNos'10-4-771/4t1'10-4-771t4t1t1'10-4-7711412"10- 4-771t4t2tA and 1O'4-7711412t8 on Plot No'11' Block No'lll' situated at Sriram Nagar Colony, Masab Tank' Hyderabad' in the lnterest of Justice pending disposal of the Writ Petition Counsel for the Petitioner: SRI' SANA SIDDIQA c ou n s e I f o r the Res pond e nt N o' 1 : "" I3S UlJl"^l t#'-rtl$Jii :lT^t' "' Counsel for the Respondent Nos' 2to4: SRI [JllD-D^E ARUN KUMAR' SC FOR GHMC The Court made the following: ORDER I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2388 of 2025 ORDER: Heard learned counsel appearing for the petitioner and Sri Midde Arun Kumar, leamed Standing Counsel appearing for r:espondent Nos.2 to 4. perused the record.

2. Petitionr:r herein is claiming that he is the absolute owner and possessor of Shop Nos.7 and g, on the Ground Floor, bearing Municipal Nos. tO_4_Z7t /4/c/T /NR (yll No.1121Oo11l5o) and 1o_4_ZZt/4/c/8/NR (pfr No.11210011i21), in the complex known as ,Mawin Famous Plaza', situated at Sriram Naggar Colony, Masab Tank, Hyderabad, on the strength ofregistered sale deeds bearing document Nos.5169 and 517O of 2O22, both dated 1L.08.2O22. In proof of the same, he has filed copies ofregistered sa-le deeds, properer tax receipts, etc.

3. While the matter stood thus, respondent No.4 has issued notice, rlated 02.01 .2025 to the petitioner herein I KL,J W.P.No.2388 of 2O25 2 stating that GHMC has proposed road widening to 18 mts (6O feet) wid.e link road from Dhana Bala Residency to Sarojini Devi Road, Hyderabad, therefore, respondent No.4 requested the petitioner to glve consent for acquisition of the petitioner's property, which is getting effected under the said road widening.

4. Learned counsel appearing for the petitioner, on instructions, would submit that petitioner is not inclined to give consent to respondent No.4 for the purpose of acquisition of the said property in terms of Section 146 of GHMC Act, 1955. But he has not submitted the said refusal to resPondent No'4.

5. lf , the petitioner refuses to give consent for acquisition of his propert5r in terms of Section 146 of the GHMC Act, 1955, respondent Nos.2 to 4 shall follow the procedure laid down under Section 147 of the GHMC Act'

1955. ) I KL,J W.P.No.2388 of 2025 3

6. Whereas, Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos'2 to 4 has furnished written instructions of respondent No'4, wherein it is stated that if the petitioner gives consent pursuarlt to the notice, dated 02.01.2025 for acquisition of his property for the purpose of road widening, they will pay compensation and TDR etc. Otherwise, they will follow the procedure laid down under Section 147 of the GHMC Act, 1955. The said written instructions are placed on record.

7. In the light of the said submission, this Writ Petition is disposed. of directing the petitioner to submit his reply to the nol.ice dated O2.0 1.2025 issued by respondent No.4, within one week from today. If the subject property of the pet.itioner is required for the purpose of road widening, respondent Nos.2 to 4 shall follow the procedure laid down under Section 147 of the GHMC Act'

1955. There sha-ll be no order as to costs. KL,J W.P.No-2388 of 2025 4 Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/- N.RAJAGOPAL ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To, 1 The Princioal Secretary, Municipal Administrative and Urban Development ' Deoartment, Secretariat, T.S ,Hyderabad ,. fi5uffi [#;;;: G A;te;r-iiA;;b;q M.'Iici pa I co rporation Hvd erabad' -' Hivino its office at Tank Bund, Hyderabad- lG s. ifrJ"D%i;itr'ii"r]"iiti.ji,Ii'oiir6 n"lZ Mehdipatnam' KhairatabdZone' " c ;;"I;iHyi Jrluia rrtt, niii p J Coipoiatioh H-vd eiabad' Hvderabad -TG a ini?..idi*t Citv Plannerliown Planning. Section' circte No 12' - i,ie;affiffi ,ii, riiuirutiolli 2J"1, coiiiiinvoerabid Municipal corporation s. iji'i,'cd ii' s Hl . SA NA s I D D I QA, Ad vo9.?19-t:ol.u9l E: i;; 6d.'i"-cC Fon nrUr.ilCtpnL Aotr'ttuts-rnnrloN AND URBAN 'iiCr. ?. fi;-c-c"t 8. Two CD CoPies DEVELoPMENI,nigh cluriio;i-h;si;i;-"Ji-"i"1's-'':g,-al^F!y99labad [ourl rrlrobe"Anuru rurtlnn, sc FoRGHMCloPucI Hvderibad, HYderabad-TG BM PSK I HIGH COURT DATED:2910112025 CC TODAY ORDER WP.No.2388 of 2O2S c$ 1dE S'r4 ,€: Y C 3 0 ,riiJ iil25 i /-r 1i-' ,.. f t' ,r D /- t:r.,:, .aii + - DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ c