The 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 issue Writ, order or direction particularly one igthe nature of WRIT OF MANDAMUS declaring the action of respondents in forcibly occupying the property admeasuring 62.94 square yards for road widening by demolishing the structures in premises No. No. 6-3-349/28, Road No.1, Banjara Hills, Hyderabad and not act by following procedure under initiating proceedings under land .acquisition section '147 of Greater Hyderabad lr/unicipal Corporation Act for payment of compensation, as being wholly arbitrary, illegal and in violation of the Art. 300-4 of the Constitution of lndia and consequently direct the respondents to pay -/ compensation for the land admeasuring 62.94 square yards along with structure compensation, which was used for widening of road from procerty in premises No. No. 6-3-349/28, Road No.l, Banjara Hills, Hyderabad. IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the cirttrmstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to DIRECT the respondent authorities to pay compensation for the land admeasuring 62.94 square yards along with structure compensation tvhich was used for widening of road from property in premises No. 6-3-349'128, Iload No.1, Banjara Hills, Hyderabad, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI SREENIVASA RAO VELIVE:LA Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the RespondenlNos.2 TO 5: SRI M.ARUN KUMAR, SC FOR GHUIC The Court made the following: ORDER , + i,.i l !l''' tllf::' slf;3; *tm.. :r.&. i'"' -t ]i _-_---.- fiiffi:, 4i.,,,,,',,.: -'lFrltr, :i:-.:i:-a: ;ri I, I lFI i.i ''.Jq'r{ !t '-9F 3! 9r :.^--.Jf, i'-:.ri?*i. v HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.1OEO6 of 2O19 ORDER: This writ petition is filed seeking following relief: "To declare the oction of respondent.r in /orcibly occupying thc property admeasuring 62.94 square yards for road v,idening by demolishing the structures in premises No.6-3- 319i28, road No. l, Banjara Hills, Hyderabad and not initiating prcceecling,s urulu Land Acquisition Act by lbllov ing procedure under Scclion 117 of GHMC Act for payntent o.[ cotnpc t't\o tion. us illegal uru) ut'hitrary "

2. [-leard Sri Sreenivasa Rao Velivela, lean.red counsel for the petitioners and Sri M. Arun Kumar, learned Standing counsel lol respondent Nos.2 to 5 i. Learncd counsel for the petitioners would submit that 3 petitioners are the absolute owners of the house property bearing Nos.6-i-349128l2lA and 6-3-349/2812, admeasuring 586 square yards, situated at Panjagutta, Hyderabad, having purchased the sarne undel dilfcrcnt registered sale deeds bearing document Nos.87 of 1992 daled 04.01 .1992, 1862 of 1995 dated 23.03.1995, l86l of 1995 dated 29.03.1995. 126 of 1992 dated 18.01.1992 and 88 ol 1992 dated 04.01.1992. IIe further submittcd that in the year 2007, respondent corporation l'ras proposed to widen service road bv.+ ' 1.. 2 for fly over at Road No.1. Banjara Hills, Hyderabad and acldressed a lctter dated 07.06.2007 to the petitioners informin3 t.o hand over an extent of 62.94 square 1,ards for the said scr.r ir:c road; that petitioners submitted a representarion dated :1.0g.:1007 to respondent No.2, as they have not given consent for handing over the land free of cost to the respondents. White thr matter stood thus, respondcnt No.4 addrcssed a letter. dated 9t.12..1007 to respondenI No.5, to initiatc Iand acquisition prrceedings fbr acquiring tlie land oIpetitioner-s to an extent ol 62.94 square yards, however, respondents without. fbllowing the procedure and without acquiring the sanre in terrns of Sections 146 and I 1,/ of GIJMC Act.

4. He further submitted that respondents are obligrrted tc, f61161y due procedure befbre taking up road rvidening pr.<,jr:ct try duly acquiring the respective lancls ol' the petitioners rud paying compensation. However., respondents in clear violat on of settled principle of larv, laid the road and hcnce, he pr.ayecl to aliow this writ petition and to direct the respondents to acqnir,: the subject land and pay compensation.

5. Learned Standing counsel fbr respondent Nor.l to 5, by referring to coLrnter, would subrnit that rcsponclent cor.poration has /. + J addressed a lelter dated 07.06.2007 to the petitioners to surendcr an extent of 62.94 square yards for road widening and service road for flyover and further infbrmed the petitioners to avail concessions as prescribed by thc Government in G.O.Ms.No.483 MA dated

24.09.1998 in lieu theleof. He further submitted that petitioners have addressed a letter dated 21.08.2007, stating that they are ready lo surrender their rcspective propefty tbr road widening, subject to condition of payment of compensation lor structural value and land value as pcr the markct value, otheru'ise, if they are permitted to constl uct an extra floor over existing 4tl' floor in the existing building, they are ready to surrender the land free of cost He further submitted that the respondent cotporation has addressed a letter dated 19.12.2001 to the Special Deputy Collector, Land Acquisition/r espondent No.5, to initiate proceedings for acquisition t of the said tand, blt no lurther steps have been taken.

6. Admittedty, responclents have underlaken construction of flyover and an extent of 62.94 square yards belonging to the petitioners was affected in the road widening, however, neither the I I subject land has been acquired nor an)' compensation is paid to the petitioners for the land aft'ccted in the road widening. Right to propefty is constitutional right under Anicle 300-A of the + .- - .. --,*"1 Constitution ol India and no per.son shall be deprir,e d ol.propcrty without payment of just compensation. State rs cmpo wered to acqurre any land/pr-operty lor public purpose in ar:cordancc rvith law providcd just and f'air compensation is paicl to the owner. However, in the present case, no such steps have bce, taken and no compensation has been paid to the petitioners. 7. In vier.r' ol the above facts and circumstancr:s, this rvrit IS disposed of, with a direction to thc respondent cotporation to initiate appropriate pr.oceedings lbr rrc:quisition of sub.ject land in accordance rvith larv and shall colnplcLc thc cltir.e exercise within a period ol lour (04) rnonths ll.on. the date of receipt ofcopy of this order. No order as to costs. petrLron Miscellaneous petitions, if any pending, s hall stand dismissed SD/-A.V.S.PRASAD REGISTRAR //TRUE COPY// T: \ To '$EcrroN oFFtcER 1' The Principar secretary, stgte of r^erangana, Municipx rrdministration And :iiffi #"*:T#Fil€iqxffillffi';"8:i#;';':d#T#,'.18#'nAnd : i::p3:Ilil ?"'l:#ffi,Th9j.jl:.1'r Greater Hvderaba1 Mun cipa, g;["9.:ffi ,ffi "''cte-V' : eiffiillffi':i.i:1 G reate r F v J era bad M u n ici pa r " Acquisition, Greater Hvderabad Municipar 7ilf 33J?f5l.S=_=ilHff tfiffJ=,HXEkf;1il?,:3lj'gr_,Slthestate U. ONE CC tO SRI M.ARUN KUM'AR, SC TON GHMC IOPU,]' 9. Two CD Copies i'j:riPi,i"ii?:!tyq:.i',T'rkLand of Telangana, at Hvderaoact tot rrl vv I vr \ \rr rrvrv PSK GJP w t TI a I l HIGH COURT DATED:2 411012025 ORDER WP.No.10806 of 2019 r. a ? l. I ,i,jlqi.*- IF ."!-- r "er+_ _ 4JEiA r i'.-?i!.k:t' . aDi, 1 L i H I. Ei ,4.t-. :" .,'+ & & ,1.1. 1-* r*;*Tt'' :..' f.,f'i,:-' -*& ' :ffi:', :4irr . +3' ry:& 1i. ..DISPOS r <+t+ rar- -t- o OSTS ING OF THE WRIT PETITIO .rS. ..1":. ::i* +f,.& i;:#" i?.'t'.{-= + €.-l e. -t )t ,- l +. - __.... a{ I -*. I t: t 5 4 '\ n ItrE S14 16 o(l. I e ) o o 21tl0ltg t * , l aF.tpATCH EO i,-, .t :$i 5l:' ;ffi,# #r* +i*.s{iri# #a{t{&*. .sE"s; s: *". ;fa-.#' tFi'- 'tr ei' t t I !. l I t ? t, T i i t { : I I T 1! *.-.ii {:+ t i.- '*+i* iA*4 !; , . ,.; .- : ..,. .f .',t i'r5 l']i{*:- r.i.- J*i -,r. ,r'rdi.i.'- .r-