✦ High Court of India · 28 Feb 2025

High Court · 2025

Case Details High Court of India · 28 Feb 2025
Court
High Court of India
Decided
28 Feb 2025
Bench
Not available
Length
2,992 words

10.The tVletropolitan Commissioner, Hyderabad ltiletropolitarr Development Authority (HN4DA), Swarna Jayanti Complex, Sanjer-.va RedrJy Nagar Road, Srinivasa Nagar, Ameerpet, Hyderabad, Telangana- ll00 082. 1 1 . The Municipal Commissioner, Greater Hyderabad [r,4unicipal Corporation, CF56 + 69F, Khairatabad Road, Taj Enclave, Flhairatabad, Hyderabad, Telangana- 500 004. 'l 2. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.'18, Jubilee Hills, Khairatabad Zone, Hyderabad, CF56 + 613F, Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telang:rna- 500 004. 1 3. The Chief City Planner, Greater Hyderabad lt4unicipal Corporation, lnward Section, CF56 + 69F, Khairatabad Road, Taj Enclaver, Khairatabad, Hyderabad, Telangana- 500 004. "14-The Assistant City Planner, creater Hyderabad lr4unicipal Corporation, CC Complex, Tank Bund Road, Lower Tank Bund, Hyderabad- 500 063.

15.The Zonal Commissioner, Khairathabad Zone, Greater Hyderabad lVlunicipal Corporation (GHtVlC), CF56 + 69F, Khairatabaci Road. Taj Enclave, Khairatabad, Hyderabad, Telangana- 500 004. '16. The [\,4ember of Planning- Ht\ilDA, Swarna Jayanti Cornplek, Sanjeeva Reddy Nagar Road, Srinivasa Nagar, Ameerpet, Hyderabad Telangana- 500 082.

17.The Commissioner of Police (CP), Hyderabad Commissione rate, Command and Qontrol 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. Masab Tank, Hyderabad, Telangana- 50il 457.

19. The Assistant Commissioner of Police, (ACP), Ban jara Hills Division, Near Trendset Villas, Road No. 3, Banjarahills, Hyderabad-. 500 034.

20.The Station House Officer, (SHO), Banjara Hills Police Slation, 3271330, Hallmark Residency, 8-2-26814, Rd Number 3, Green Valle),, Banjara Hills, Hyderabad, Telangana- 500 034.

21. The Revenr.re Divisional Officer (RDO), Hyderabao District, SFQF + VG2, Chirag AIi Lane, Karimabad Cooperative Society, Abids, Hyderabad, Telangana- 500 00'1 .

22.The Tahsildar / IVlandal Revenue Officer (MRO), Banjara Hills tvlandal, CCGp + FQJ, Road No. 2, Venkateshwara Nagar Colony, Etanjara Hills, Hyderabad, Telangana- 500 034. Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court rnay be pleased to issue a writ or order more particularly one in the nature of mandamus to declare the action of the State and its Authorities more so the: Commissioner Deputy ...RESPONDENTS Commissioner Chief City Planner Assistant Chief City Planner of Greater Hyderabad lvlunicipal corporation GHIMC at Khairatabad Zone circle No.18 Jubilee Hills for widening the.road to 100'-0 feet from the Junction of Road No.'l or 12 Banjara Hills Virinchi Hospital to Agrasen Junction Banjara Hills and to 1 20'-0 feet from Agrasen Junction to Jubilee Hills Check Post via KBR Park for earmarking only on one side towards 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 the! buildings of the petitioners and in possession of the GHIr,4C and resorting to demolish the commercial and residential buildings as illegal unlaMul 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 and right to shelter of the petitioners yiolating the fundamental rights constitutional rights and human rights voilative of Articles 14, 19, 21 , 300A of the Constitution of lndia in spite of the detailed representations given Dt 11-07 -2024 and 16-01-2025 to the respondents and without proper analysis of the huge damage and irreparable loss to the petitioners by resorting to proposed acquisition of existing commercial and residential buildings by appointing a sitting judge of this Honble Court or a retired judge of this Honble High Court or a Advocate Commissioner and to bring the factual and actual position to this Honble Court and stay of the proposed acquisition notlfications till the actual and factual aspects are considered by this Honble 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 10,0001 Crores. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petltion, the High Court may be pleased to direct the dtate 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 & 16-01-2025 and proceeding for acquisition of the commercial ad residential buildings pending before the State and its Authorities and more so the GHMO Authorities as illegal, unlawful, high hanrJed and pass orders directing the Statr: and its Authorities to consider the detailed aspects submitted in the representations pend ing disposal of the writ petition ancj clirect the respondents not to cause ille,3al interference. lA NO: 2 OF 2025 Petition under section 151 CPC praying that in the ,:ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to appoint a Hon'ble sitting Judge or a Retired Hon'ble Judge or a Advocate commissioner to enquire into aspects of acquisition cf the cr:,mmercial and residential buildings instead of shifting the proposed road bwards available vacant government land in possession of GHlvlc and to study the,feasibilily and also the actual loss that is going to be caused to the building ow.}ers, lessee's and their employees with their respective family.members apart frorn 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. lA NO: 3 OF 2025 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased to direct the State and its Authorities without proper assessment of the losses and damages to the commercial and residential buildirigs in expansion of road towards the commercial and residential buildings in spite of vacant government land in front of the petitioner's buildings and also making available the required funds towards compensation to be paid if the Government still continues the said proposal of expansion of lhe road towards commercial buildings for the road expansion and without making available of huge and proper compensation of ten thousand Crores to be shown as available funds for the satisfaction of this Court for assurance of the compensation. lA NO: 4 OF 2025 Petition under Section 15-1 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 than proposing the demolition of the commercial and residential buildings tor the prcposed road widening. Counsel for the Petitioners: SRI C.HANUMANTHA RAO Counsel for the Respondent No.'t: AGP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2: AGP FOR MCPL ADMN & URBAN DEV Counsel forthe Respondent No.3: AGP FOR FINANCE & PLANNTNG Counsel forthe Respondent No.4: AGP FOR ROADS & BUILDINGS Counsel for the Respondent No.5, Z , S, Zt A 22: AGP FOR REVENUE Counsel forthe Respondent No.6, 8, 17,18, 19 & 20: AGP FOR HOME Counsel for the Respondent No.10 & 16: SRt V.NARASIMHA GOUD, SC FOR HMDA Counsel for the Respondent No.11 to 15: SRI.MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PSTITIO N No.5977 OF 2025 ORDER: 'Heard Sri C.Hanumantha Rao, learned counsel for the petitioners, learned Assistant Government Plea'1er for Municipal Administration and Urban Development Department for 2^d respondent, Iear,aed A'ssistant Government Pleader for Finance and Planning Department for

3.d respondent, learned Assistant Government Ple;eder for Roads and Buildings Department for 4th respondent learned Assistant Government Pleader for Revenue Departrnent for respondent Nos.S, 7, 9,21 and 22, lezrrned f\ssistant Government Pieader for Home Department for respondent Nos.6, 8, 77, La, 19 ald 20, Sri V.Narasimha Goud, learned Standing Counsel Hyderabad Metropolitan Devt'lopment Authority (HMDA) for respondent Nos.10 and 16 arrd Sn Midde Arun Kumar, learned Standing Counsei for GHMC for respondent Nos. 17, 12, 13, 14 and 15.

2. Petitioners are four in number. They are residents of Road No.92, Jubilee Hilis, Hyderabad. 126 respondent had {r 2 issued notices all dated Oa.O7.2024 to the petitioners in terms of Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the GHMC ActJ requesting the. petitioners to give consent for proposed road widening of l2O feet as per the Master Plan from lOO feet from Agrasen Junction to Jubilee Hills Check Post (via KBR Park)' Petitioners have submitted explanations all dated Il'O7 '2024 lo l2th respondent stating that they are not inclined to give consent. Even then, respondents are proceeding with road widening. Petitioners have submitted a representation dated 16-11.2024 to Hontrie Chief Minister and other respondents with a request to withdraw from the said proposal contending that there are 306 commercial properties that wouid affect *Iri the said event, owners of with the propos'ed ioad \{ridening- 3O6 comrnercial units and lessees would be put to irreparable loss and i.rJrry. Opposite to this road, there is Government land ald the respondents can widen the road by acquiring the Government land. Despite receiving and acknowledging the said representation, respondents did not act upon the same' Aggrieved by the said inaction, petitioners fiied the present writ petition. /4. l

3. Perusal of record would reveal that though the petitioners ar-e claiming that they have sent representation dated 16.O1.2025 to the 116 respondent i.e., Commissioner, GHMC, they have not Iiled proof of servi,3e of the said representation on the I 1th respondent. In far:t, 1 1th respondent being the Commissioner, GHMC is competent authority to r:onsider the said aspects. Therefore, petitioners have to submit a representation to the 11th respondent with a request to clrop the said proposal. If the 1lth respondent is inclined to accept the said request, he will drop the proposal, failing which he will give reasons and inform the same to the petitioners herein. If the I l rt' respondent is not inclined to accept the request made by the petitioners for dropping the proposal of road widening in the sajd area, respondenr- Nos.11 and 12 have to follow the procedure laid down under Section 147 of the GHMC Act 4 . In the light of the said discusr;ion, tl'ris Writ Petition is disposed of granting liberty to th,e petitioners to I submit a representation to the Commissioner, GHMC r.e., 1 ltl, respondent with a request to drop the proposz[ of the subject 4 road widening. On receipt of the same, 11ft respondent shall consider the same and dispose it of in accordalce with the procedure laid down under law. If 1 1th respondent is not inclined to accdpt the request made by the petitioners, he shall assign specihc reasons, pass an order and communicate the copy of the said order to the petitioners herein within a period of four (04) weeks from the date of the receipt of representation of the petitioners. If lltt respondent is not inclined to accept the request made by the petitioners, then respondent Nos.ll and 12 lnave to follow the procedure laid down under Section 147 of tl:e GHMC Act. Petitioners are at liberty to raise all the contentions and grounds which they have raised in the representation to be submitted to Commissioner, GHMC and it is for the Commissioner, GHMC to consider the same. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY// SD/. S.MALLIKARJUN ASSISTANT REGI AO RAR SECTION O FICER To, 2 1 The Chief Secretary, State of Telangana, 3rd Floor, Telangana Secretariat, Hvderabad. Telanqana - 5OO 022. Tlie Princioal Secietarv to Municipal Administration and Urban Development Department ( t\4A and UD), Stdte of Telangana, 3rd Floor, Telangana Sedretariat. Hyderabad, Telangana -5o0 022. The Principai Secretary, Finance and Planning State of Telangana, Telangana Secretariat, Hyderabad, Telangana -500 022. - '

4. 11

9. '10 fnE Fiinc pal , Secretary to Government, Roads and BuilCin gs, State of Ielangana Ieiangana Secrelariat, Hyderabad, Telangana - SOO,jZ2. The Princi! d Sec(erary, Revenue Department (land ).-S,tate of T{ langana. 3rd Floor, Ie a,rgana Secretariat. Hyderabad. Telanqana - S0O 022: The PrinciJ a Secretary, Home'Department. St5te of lelangana. Secretariat, Hyderabad - 5OO 022. The Chief Commissioner of Land Administration (CCLA), State of Telangana, 9I9l L W65, Nampally Station- Road. Opp. Annapurna Hote SFRr"i 5, Aoros, Hyoerabad, letanqana - 500 001. The Director Generat of Police (DGp_), State of Telangana, Lakdikapul Road, 9qp Ravindra Bharathi, Ambediar Cotony, LitaikLpur, HyaeraOid, Telangana -500 004. The District Collector Hvclerabad District, 6-2-10, Lakdikapul, Hyderabad, Telangana -500 OO4. Thg V"tlpRqlitqn _Commissioner, _!-lyderabad Metropolitan i)evetopment llqofly (HI\4DA), Swarna Jayanti. Co'mptex, Sanjeeva' neaOy .ligliH;ad, snnrvasa Nagar, Ameerpet, Hyderabad, Telangana_ 50t) Og2. I he ^MunicLpal ,Commissionel Greater Hyderabad N4unicipal Corporatjon, ul-5b + 69F, Khairatabad Road, Taj Enclave, Khzrirata6ad, Hyilerabad, Telangana- 500 004. 12. The Deputy Commissioner, Greater Hyderabad l\,4uniciJral Co rpo€tion, Circle No. 18, Jubrlee Hills, Khairatabad Zon e, Hyderabad, CF56 + 69F, Kha'iratabad Road, Taj Enclave, Khairatabad , Hyd erabad, Telangana- 500 004 13.The Chief City Planner, Greater Hyderabad Munici pa I Corporation, lnward Section, CF56 + 69F, Khairatabad Road, .Taj E.nclave, Khairatabad, Hyderabad, Tel angana- 500 004 14.The Assistant City Plan ner, Greater H yderabad lVunir:ipal Co rporation, cc '15. The Zonal Commissioner Khairathabad Zone, Complex, Tank Bund Road, Lower Tank B und, Hyderab Greater Corporalion (GHMC), C Khairatabac, llyderabad, Tel angana- 500 004 ad- 500 063 Hyderabad Munici pal Khairatabad Road, Taj Enclave, 16. The lt,4ember of P la nning- Htr,4DA, Swarna Ja yanti Comclek, Sanjeeva Reddy Nagar Road, Srini vasa Nagar, Amee rpet, Hyderabad, Te angana- 500 082 17.The Commission er of Police (CP), Hyderabad Commir; sionerate. Command and Control Centre, Telangana Poli ce, Road No. 12, Bhavani Naqar, Banjara Hills, Hyderabad, Telangana- 500 034. 18. The Deputy Commi ssioner of Police (DCP), Hyderaba,l West Zone 10-2-9, 19.The Assistant Commissi (AC P), Banjara Hills Division Near oner of Police, Trendset Villas, Road No 3, Banjarah ills, Hyderabad- sC)O 034 AC Guards, lVlasab Tank , Hyderabad, F56 + 69F, ana- 500 457 Telang - 20, The Station House Officer, (SHO ), Banjara Hills polir;e Statiorr,3271330, Hallmark Residenc y, 8.2-268i4, Rd Number 3, Green \/all ey, Banjara Hills, Hyderabad, Telan gana- 500 034 21.The Revenue Divisional Officer (RDo), Hyderabad Di:;trict gFQF + VG2, Chirag Ali Lane, Karrmabad Cooperative Society, Abids, llyderabad, Telangana- 500 001 22. The Tahsildar ,' A/landal Revenue Offrcer (.VRO), Banjara Hills Mandal, CCGp venkateshwa;' N;s;; C;6ilIii,i.,,,,-; *iii;: riii;,;;;, +J,,q',"T:1g#".z ofTelangana at Hyderabad IOUTi

23. One CC to SRt C.HANTiA,4LryIH4I{O, Advocate [OpUC] 24. one CC to SRt V. NARASrnaue oo0o,'sC F<jn'"Hil"on" topuct 25.one cc to sRt MTDDF anun xuqnn,5c F5;i iiiilt trpuct 26.Two CCs to Gp FoR cetener_ ebrr,lir.lSinlir6r.r, iigh Courr for the State - ^_ FoR HolvE''l-lish courl for the state of reransana at " I'V3"r?3jo'ioGP REVENUE' Hish court ror the state or reransana at 'u l}3"i"?3ot?oi,?-FoR 29.Two CCs to Gp FOR IVCPLAD-iVN & URBAN DEV, Higtr Court fo" the State vF v ' I rrs -^ of Telalgana at-Hyderabad [OUT] JU. two L;Cs to Gp FoR R%p_g & BU|LD|NGS. High couft tor tn{) state of -, Telanlana at Hyderabad [OUTJ ", +19_99.. ro,Gp,FOR Fti{ANCE & PLANNING, Hish cc,urr ror th_. stare of - - lelangana at Hyderabad [OUT] 32. Two CD Cooies BSR aB Il I I I l i t r t !I r t ; r tLr I Ii F r b r t +:t ,-,,,_1!F_. t t_ CC TODAY HIGH COURT DATED: 2810212025 g'I A' Ei o 9 o r-' 'L\t 4 l ,-) lqt(i} l. l-a -' ORDER WP.No.5977 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments