The High Court · 2025
Case Details
10.The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority (HMDA), Swama. Jayanti Complex, Sanjeeva Reddy Nagar Road, Srinivasa Nagar, Ameerpet, Hyderabad, Telangana - 500 082. 1 1 . The Municipal C:ommissioner, Greater Hyderabad Municipal Corpoiation, CF 56 plus 69'1 , Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004. 1 2. The Deputy Conmissioner, Greater Hyderabad Municipal Corporation, Circle No. 18, Jubilee Hills, Khairatabad Zone, Hyderabad, CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004.
13.The Chief City Planner, Greater Hyderabad Municipal Corporation, lnward Section, CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004.
14.The Assistant City Planner, Greater Hyderabad Municipal Corporation, CC Complex, Tank Elund Road, Lower Tank Bund, Hyderabad - 500 063.
15.The Zonal Comrnissioner, Khairathabad Zone, Greater Hyderabad Municipal Corporation (GHMC), CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004. '16.The Member of Planning -HMDA, Swama Jayanti Complex, Sanjeeva Reddy Nagar Road, Srinivasa Nagar, Ameerpet, Hyderabad, Telangana - 500 082.
17.The Commissioner of Police (CP), Hyderabad Commissionerate, Command and Control Centre, Telangana Police, Road No. 12, Bhavani Nagar, Banjara Hills, Hyderabad Telangana - 500 034.
18.The Deputy Commissioner of Police (DCP), Hyderabad West Zone, 10-2-9, AC Guards, lVas ab Tank, Hyderabad, Telangana - 500 457. '19.The Assistant Commissioner of Police (ACP), Banjara llills Division, Near Trendset Villas, Road No. 3, Banjarahills, Hyderabad - 500 034.
20.The Station House Officer (SHO), Banjara Hills Police Station, 3271330, Hallmark Residency, 8-2-26814, Rd Number 3, Green Valley, Banjara Hills, Hyderabad. Telangana - 500 034.
21.The Revenue Di',risional Officer (RDO), Hyderabad District, 9FQF plus VG2, Chirag Ali Lane, Karimabad Cooperative Society, Abids, Hyderabad, Telangana - 500 301 .
22.The Tahsildar / lvlandal Revenue Officer (MRO), Banjara Hills Mandal, CCGP plus FQJ, Road No.2, Venkateshwara Nagar Colony, Banjara Hills, Hyderabad, Telangana - 500 034. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated n the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of mandamus to declare the action ol the State and its Authorities more so the Commissioner, Deputy Commissioner, Chief City Planner, Assistant Chief City Planner of Greater Hyderabad Municipal C)orporation (GHMC) at Khairatabad Zone, Circle No. 18, Jubilee Hills for widenir,g the road to 100-0- feet from the Junction of Raod No. 1 (or 12\, Banjara Hills (Virinchi Hospital) to Agrasen Junction, Banjara Hills and to 120-0 feet from Agrasen Junction to Jubilee Hills check Post (via KBR Park) for earmarking only on one side to wards the commercial and residential buildings for the proposed road widening on road No. 92 and without proper assesSment of the losses and damages to the commercial and residential buildings in expansion of road towards the commercial and residential buildings in spite of vacant Government land in front of these buildings and in possession of the GHMC and resorting to demolish the commercial and residential buildlngs as illegal, unlawful, high handed and pass orders directing the State and its Authorities not to cause illegal interference by earmarking the commercial and residential buildings for resorting to demolition and destruction thereby causing huge damage of these buildings and depriving the right to livelihood to me violating the fundamental rights, constitutional rights and human rights, voilative of Articles 14' 19' 21 ' 30o- A of the Constitution of lndia in spite of the detailed representations given Dt. '14- 5-2024, DI.O2-07-2O24 and 16-01-2025 to the respondents and without proper analysis of the huge damage and irreparable loss to me by resorting to proposed acquisition of existing commercial and residential building sby appointing a sitting judge of this Hon'ble Court or a retired iudge of this Hon'ble High Court or a Advocate Commissioner and to bring the factual and actual position to this Hon'ble court and stay of the proposed acquisition notifications till the actual and factual aspects are considered by this Hon'ble Court for the proposed widening of the existing road towards only one side of the commercial and residential buildings side thereby demolishing 306 buildings worth of rupees more than Rs. 10,000/-Crores. lA NO: 2 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 State and its Authorities more so the Commissioner, Deputy Commissioner, Chief City Planner, Assistant Chief City Planner of Greater Hyderabad Municipal Corporation (GHMC) at Khairatabad Zone, Circle No. 18, Jubilee Hills in not considering the detailed representations, Dt. 11-07-2024 and 16-01-2025 and proceeding for acquisition of the commercial ad residential buildings pending before the State and its Authorities and more so the GHMC ,'s:bt Authorities as illegal, unlawful, high handed and pass orders directing the State and its Authorities to consider the detailed aspects submitted in the representations pending disposal of the writ petition and direct the respondents not to cause illegal intr:rference. lA NO: 4 OF 2025 Petition under S,ection 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 State and its Authorities to seek viable traffic management by examining the possibilities like one way traffic etc., on road No. 92 to Jubilee Hills Check post rather thar proposing the demolition of the commercial and residential buildings for the proposed road widening. 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 State and itr; Authorities without proper assessment of the losses and damages to the commercial and residential buildings in expansion of road towards the commercial and residential buildings in spite of 'racant government liand in front of the petitioners buildings and also making available the required funds towards compensation to be paid if the Government still continues the said proposal of expansion of the road towards commercial buildings for the road expansion and withouI making available of huge and proper compensation of ten thousand Crores to be shown as available funds for the satisfaction of this Hon'ble Court for assurance of the compensation. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in su pport of the petition, the High Court may be pleased to appoint a Hon'ble srttrng Judge or a Retired Hon' ble Judge or a Advocate Commissioner to enquire into aspects of acquisition of the commercial and residential buildings irrstead of shifting the proposed road towards available vacant government lanJ in possession of Gl-MC and to study the feasibility and also the actual loss that is going to be caused to the building owners, lessee's and their employees with their respective family members apart from avoiding huge burden on the exchequer of the State for the steel bridges and underpasses and immediately losing the huge taxes to the State and the Central Government by the hasty decision of the expansion of the road by destruction of existing beautiful buildings which buildings cannot be constructed again by the land owners in their lifetime. Counsel for the Petitioner : SRI YADAIAH BARRISETTY Counsel for the Respondents No.1to9: GP FOR GENERAL ADMINISTRATION Counsel for the Respondents No.10 : -- Counsel for the Respondents No.11to16: SRI M.ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.5962 OF 2025 ORDER:(ORAL) Heard N{r. R. Yadaiah, leamed counsel for the petitioner, Ms. K. Madhuri, learned Assistant Government Pleader, representing le'amed Advocate General for respondent Nos.l to 9, Mr. Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) for resp<tndent Nos.ll to 16
2. Leamed counsel for the petitioner submitted that the petitioner is the owner of the commercial building bearing, H.No.8-2- 29618211-1286 rvith plinth area of 19694.13 square feet situated at Road No. l2192 o[ Banjara Hills, Hyderabad. The (iovemment has proposed to acquire several properties in Road No.12, Banj ara Hills, Hyderabad, for widening of road. The building of the petitioner to an extent of 200.11 square yards (609i.92 square feet) is being affected in the proposed road widening from existing width to 100-00" feet lrorn Virinchi Hospital to Agrasen Junction, Banjara Hills, and to 110-00' feet from the Agrasen Junction, Banjara Hills, to the Jubilee l{ills Check Post vra KBR Park. The petitioner has 2 not given consent for acquisition of his property. About 306 buildings in Banjara Hills, Hyderabad, will be affected in the road widening and it will create huge loss to the property owners who have constructed buildings for their personal occupation or commercial use. Respondents are intending to acquire the portion of the petitioner without following due process of law and without resorting to the provisions under Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Acr 1955 (for short .Act 1955') and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'Act 2013').
3. Leamed counsel for the petitioner stated that in similar circumstances, the order dated 28.02.2025 was passed by this Court in W.P. No.5977 of 2025, in favour of the petitioners therein and prayed to grant similar relief in favour of the petitioner herein.
4. Learned standing counsel for GHMC submitted that the subject property of the petitioner will be acquired in accordance with the provisions of the Act 1955, more particularly, Section 147 of the Act 1955. ,)' 3
5. In vieu of the aforesaid submissions of the leamed standing counsel for G[{MC, the writ petition is disposed of, granting liberty to the petitionr:r to submit representation to respondent No.l I - the Municipal Commissioner, GHMC, with a request to drop the proposal of tht: road widening. On receipt of the same, respondent No.ll shall ilonsider the representation, and pass orders, accordance with law, by affording opportunity of hearing to the petitioner, within a period of four (4) weeks from the date of receipt ofa copy of this order. If respondent No.l l is not inctined to accept the request made by the petitioner, he shall assign specific reasons, pass an order, and communicate the same to the petitioner. Further, if respondent No.l I is not inclined to accept the request made by the petitioner, resp,cndent Nos.l I and 12 have to follorv the procedure laid down under Section 147 of the Act 1955. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the vr,rit petition stand closed ,l I SD/-K. SREE RAMA N/URTHY DEPUTY RE6ISTRAR N \l SECTIONOFFICER //TRUE COPY// To,
1. The Chief Secretary, State of Telangana, 3rd Floor, Telangana Secretariat, Hyderabad, Telangana - 500 022.
2. The Principal Secretary to Municipal Administration and Urban Development Department (MA and UD), State -of T-elangana, 3rd Floor, Telangana Sebretariat, Hyderabad, Telangana - 5O0 022. A *i-* .,'=r '-'' ::=.= The Principal Secretary, Finance and Planning State of Telangana, Telangana Secretariat, Hyderabad, Telangana - 500 022. The Principal Secretary to Government, Roads and Buildings, State of Telangana, Telangana Secretariat, Hyderabad, Telangana - 5OO o22. . 4
5. The Principal Secretary, Revenue Depaftment (land), State of Telangana, 3rd Floor, Telangana Secretariat, Hyderabad, Telangana - 500 022.
6. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad -500022.
7. The Chief Commissioner of Land Administration (CCLA), State of Telangana, 9FQF plus W65, Nampally Station Road, Opp. Annapurna Hotel,9FRF 15, Abids, Hyderabad, Telangana - 500 001.
8. The Director General of Police (DGP), State of Telangana, Lakdikapul Road, Opp Ravindra Bharathi, Ambedkar Colony, Lakdikapul, Hyderabad, Telangana - 500 004.
9. The District Collector, Hyderabad District, 6-2-10, Lakdikapul, Hyderabad, Telangana - 500 004.
10.The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority (HMDA), Swama. Jayanti Complex, Sanjeeva Reddy Nagar Road, Srinivasa Nagar, Ameerpet, Hyderabad, Telangana - 500 082. 1'1 .The Municipal Commissioner, Greater Hyderabad Municipal Corporation, CF 56 plus 691, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004.
12.The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No. 18, Jubilee Hills, Khairatabad Zone, Hyderabad, CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004.
13.The Chief City Planner, Greater Hyderabad Municipal Corporation, lnward Section, CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004.
14.The Assistant City Planner, Greater Hyderabad Municipal Corporation, CC Complex, Tank Bund Road, LowerTank Bund, Hyderabad - 500 063.
15.The Zonal Commissioner, Khairathabad Zone, Greater Hyderabad Municipal Corporation (GHMC), CF56 plus 69F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana - 500 004. 1 / 1
16.The Member ,rf Planning -HMDA, Swarna Jayanti Complex, Sanjeeva Reddv Nagar Road, {lrinivasa Nagar, Ameerpet, Hyderabad, Tdlangana - 500 082. 17.The Commissioner of Police (CP), Hyderabad Commissionerate, Command and Control Centre, Telangana Police, Road No. 12, Bhavani Nagar, Banjara Hills, Hyderabad, Telangana - 500 034. 1B.The Deputy Commissioner of Police (DCP), Hyderabad West Zone, 10-2-9, AC Guards, I\4asab Tank, Hyderabad, Telangana - 500 457.
19.The Assistant Commissioner of Police (ACP), Banjara Hills Division, Near Trendset Villas, Road No. 3, Banjarahills, Hyderabad - S00 Og+.
20. The Station ilouse Officer (SHO), Banjara Hills police Station, 327 t330, Hallmark Re_sidency, 8-2_?98!1, Rd Number 3, Green Valtey, Banjara Hills, Hyderabad, Terlangana - 500 034.
21.The Revenue Divisional Officer (RDO), Hyderabad District, SFQF plus VG2, Chirag Ali Lane, Karimabad Cooperative Society, Abids, Hyderabad, Telangana - 500 001 .
22.The Tahsildar / Mandal Revenue Officer (MRO), Banjara Hills Mandal, CCGp plus FQJ, ROad No,2, Venkateshwara Nagar Cotony, Banjara Hills, Hyderabad, Telangana - 500 034.
23. One CC to SRI YADAIAH BARRISETTY, Advocate. [OPUC] 24.Two CCs to GP FOR GENERAL ADMINISTRATION, High Court for the State of Telangana. [OUT]
25.Two CD Copies. BSK BSw HIGH COURT DATE D: 1 810312025 ORDER WP.No.5962 of 2025 1t{E ST4 , (a ( a\ 0l npl tll;.j , k 4, o r.) * DISPOSING OF THE WRIT PETITION WITHOUT COSTS qd ?A 5Lr.: \t\1'