High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the Respondents more particularly the Respondent Nos.3 to 6 in not considering the Representations, Dated 3011212024, 1210712024, 16102/2020 and 05i 10/2018 submitted by the Petitioners wherein they have given consent for acquisition of entire affected property i.e., (1) Flat No.508 (Fifth Floor) belongs to Petitioner Nos.1 and 2, (2) Flal No.514 (Fifth Floor) belongs to Petitioner No.3 in Ratnam Happy Homes Residency, premises bearing No.2-2-1089, 2-2-1089 (New No.2-2-10\glN1l2), 2-2-101glA (New No.2-2- 10891N111), situated at Amberpet, Hyderabad for the purpose of Road widening for proposed Flyover from Golnaka Shalem Church to Mukaram Hotel (via) 6 No. X Roads and Amberpet -Junction pursuant to Order Dated 01.05,2021 in File No.AN104l2O20 issued by Respondent No.3 as it being illegal, arbitrary and unjustified and in violation of the provisions of the principles of natural lustice apart from violation of Article 14 and 21 of Constitution of lndia and consequently direct the Respondent Nos, 3 to 6 to acquire entire premises in respect of above property by paying suitable market value to the Petitioners immediately pursuant to Order Dated Order Dated 01.05.2021 in File No.AAl1O4l2020 issued by Respondent No.3 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondents to consider the Rop,-tlsentations, Representations, Dated 30,12.2024, 12.07.2024, 16.02.2020 and 05.10.2018 submitted by the Petitioners Counsel for the Petitioner: SRl. S PRABHAKAR REDDY Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 6: SRI G. MADUSUDHAN REDDY SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION N0.3668 0F 2025 ORDER: This writ petition is filed seeking the following relief: to pass an order, direction or writ more paJticularly orle in the nature of writ of mandamus declaring the action of the Respondents more particularly the Respondent Nos. 3 to 6 in not considerin[ the Representations Dated 30/1212024, 12/O772024, 16/0212020 and 05/tO/2O18 submitted by the Fetitioners wherein they have given consent for acquisition of entire affected property i.e., (l) Flat No 50g (Fiftl. Floor) belongs to Petitioner Nos. I and 2, (21 Flar No 514 (Fifth Floor) belongs to Petitioner No. 3 in Ratnam Happy Homes-Residency, premises bearing No. 2-2-1089, 2-2-tOB9 (New No. 2_2_lobg'l A/1/2),. 2-2-1089/A (New No. 2-2-IOBqlA/ t /1) situated at Amberpet, Hyderab-ad for the purpose of Road widening for proposed Flyover from Golnaka Shalem Church to MukJam fot.1 1ui^1 6 No- X Roads and Amberpet Junction pursuant to Order Dated 01.05.2021 in File No.AA/ toal2020 issued by Respondent No.3 as it being illegal, arbitrary and unjustified and in violation of the provisions of the principles of natural justice apart from vioiation of Articie 14 and, 2I of Constitution of Indra ald consequently direct the Respondent Nos. 3 to 6 to acquire entire premises in respect of above property by payrng suitable market value to the petitioners immediately pursuant to Order Dated O1.05.202i in File No AA/ LO4 l2O2O issued by Respondent No 3 and pass......,,

2. Heard Sri S.Prabhakar Reddy, learned counsel for the petitioners, Sri G.Madusudhan Reddy, learned Standing Counsel appea,ring on behalf of respondent Nos.2 to 6 and the learned Assistant Government pleader for Municipal Administration appearing for respondent No. 1

3. With the consent of learned counsel for the respective 2 r' partles, the rvrit petition is being disposed of at the stage of admission.

4.1 Facts giving rise to filing of this writ petition briefly stated are that the petitioner Nos'1 and' 2 are owners and possessors of Flat No.SOB in Fifth Floor having a built up area of 1200 sqlrare feet including common areas together with an undivided share of la]-Id admeasuring 3O square yards out of 2587 square yards in the complex known as Ratnam Happy Homes Residency, constructed in the premises bearing Municipal No' 2-2-lOBg, 2-2-ro8g (New No' 2-2-t}8g I Al tl2\' 2-2-tO89 / A (New No. 2 2-lOBglAll/1)' situated at Amberpet' i{yderabad' Similarly, pe titioner No ' 3 is claiming that he is owner and possessor of Flat No'514 in Fifth Floor having a built up area of 1350 square feet including common areas together with an undivided share of land admeasuring 3O square yards out of 2587 square yards in the said property' 4,2ItisfurtheraverredthatrespondentNo.5hadissued notice on 06 .06.2017 to hand over the possession of the affected portion of the respective properties and give consent 3 under Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 and they will arrange the structure compensation as per R & B schedule rates as per the New Act i.e., as per the provisions of the Right to Fair Compensation ald Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2Ol3 (Act No.30 of 2013) (hereinafter referred to as 'the Act'). Accordingly the petitioners have submitted representations before respondent No.6. Thereafter respond6nt No.4 had issued notice dated 06.O2.2O2O under Section 3g(l) of the Act directing the petitioner Nos.2 and 3 to vacate and deliver the possession with structures attached to it on or before 22.O2.2O2O and also passed award dated 06.02.2020 under Section 3Z (2) of the Act, awarding compensation amount to be paid to the petitioner Nos.2 and 3 at Rs.14,g0,53O /_ and 56/ - respectivery. Thereafter the petitioners once Rs.2l ,92 '7 again submitted representation on 3o.r2.2o24 and r2.o7.2024 before respondent Nos.3 to 6 requesting them to pay compensation in respect of the remaining portion of the property, which is not useful for any purpose. In spite of the same, respondent authorities have not tal<en any steps to 4 consider the claim of the petitioners.

5. Learned counsel for the petitioners submit.ted that respondent authorities acquired the subject properly of the petitioners for the purpose of road widening/for construction of Flyover. In the said acquisition, major portion of the property was taken and only some portion of the subject property is left over. The subject property is not required for any practical purpose and the petitioners have submitted repeated representatlons to the respondent authorities requesting them to acquire the remaining portion of the property and [o pay the compensation accordinglY. 6 . He furth er submitted that the issue raised in this writ petition is squarely covered by the common order passed by this Court in Writ Petition Nos.7056 of 2O2O and 37643 of 2018 dated 16.08.2022. 7 . Learned Standing Counsel submitted rhat the respondents Corporation has already paid compensation for the property which is acquired for the purpose of road wi<lening/for construction of Flyover and the remaining portion of the subject (_- 5 property is not required. However, the learned Stalding Counsel has not disputed the orders dated 16.0g.2022 passed by this Court in the above writ petitions.

8. Having considered the subm issions of the respective parties and after perusal of the material available on record, it reveals that the respondents Corporation acquired the major portion of the subject property belonging to the petitioners for the purpose of widening the road/for construction of the Flyover. It is not in dispute that the respondents Corporation \ has paid the compensation amount as per the Act 3O of 2013 in respect of the property taken possession from the petitioners. It is a,lso not in dispute that respondent authorities have acquired more than 600/o of the subject property of the petitioners and the remaining portion of the property is not useful for any purpose. 9 . Taking into consideration the above facts and circumstances, especially in view of the orders passed by this Court in Writ Petition Nos.7O56 of 2O2O and 37643 of 2O18 dated 16.08.2022, th,e respondent authorities are directed to a- 6 initiate the acquisition proceedings for the remaining portion of the subject property under the provisions of the Act No.30 of 20 13 and pay the compensation to the petitioners, within a period of four (4) weeks from the date of receipt of copy of this

10. With the above directions, the Writ Petition is disposed of No costs. Miscellaneous petitions, if any, pending in tl-ris writ petition shall stand closed. There sha-ll be order as to costs. //TRUE COPY// SD/.P. PADMANABHA REDDY NT REGISTRAR ASSIiI/t bdCTION OFFICER i,' To,

1. THE Principal Secretary, Municipal Administration and Urban Development Secretariat, Hyderabad

2. THE Commissioner, cREATER HYDERABAD MUNICtPAL CORPORATION, Lower Tank Bund Road, Hyderabad.

3. THE SPECIAL COLLECTOR (Land Acquisition) And COM|UtSS|ONER, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad.

4. THE SPECIAL DEPUry COLLECTOR (Land Acquisition) And COMMISSIONER, Greater Hyderabad Municipal Corpordtion, Lower Tank Bund, Hyderabad.

5. THE CHIEF CITY PLANNER, Town Planning Section, Greater Hyderabad Municipal Corporation, Hyderabad.

6. THE ASSISTANT CITY PLANNER, Town Planning Section, Circte-lX B Greater Hyderabad Municipal Corporation, Hyderabad. 7. One CC to SRl. S PRABHAKAR REDDY Advocate [OpUC] B. One CC to SRI c. MADUSUDHAN REDDY SC FOR GHMC [OPUC] 9. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OUTJ '10. Two CD Copies KKS -BStt. CC TODAY HIGH COURT DATED:1710212025 ( l iJ ) s( c: IS AT t: ? [ ttB ?l[5 i lir.ti r' ORDER WP.No.3668 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ ,.d^ X"