✦ High Court of India · 07 Apr 2025

One CC to Sri v. Narshimha Goud, SC for HIMDA

Case Details High Court of India · 07 Apr 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 a Writ of Mandamus or any other appropriate Writ, Order or 7 n direction, Declaring Preliminary Notification vide B213612024, Dr: 13-12-2024, and several other Preliminary Notification vide separate File Numbers published in The Hyderabad District Gazette No's. MMD-I0 to tt/MD-17, dt. 1911112024, issued under Section 1 1(1) of The Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, herein after called the Act No.30 of 2013, without including my property and other properties situated at Devton Bazar on the ground that the properties come under the category of B-3 Lands, is arbitrary, illegal and against the Principal of Natural Justice and consequently direct the Respondents to acquire my land by following due process of law as laid down under The Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013- 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 stay of all further Proceedings in pursuance to the Preliminary Notification Vide 8213612024, DT. 13-12-2024, and several other Preliminary Notification vide separate File Numbers published in The Hyderabad District Gazette No's. [/lMD- 10 to MMD-1 7, dt. 19-1 1-2024, issued under Section 11(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, herein after called the Act No.30 of 2013. pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI THOMAS LLOYD Counsel for the Respondent No.1,3 to 5: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: GP FOR MUNICIPAL ADMINISTRATION I URBAN DEVELOPMENT Counsel for the Respondent No.6: SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No.7: SRI K.R. KOTESHWAR RAO, SC FOR CANTONMENT BOARD Counsel for the Respondent No.8: SRI V. NARSHIMHA GOUD, SC FOR HMDA The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No.10422 of 2025 ORDER: Heard learned counsel for thc petitioner and Learned Government Pleader for Land Acquisition appeari.g for respondent Nos.1,3 to 5, learned Government Pleacler for MA&UD appearing for respondent No.2, learned standing counsel for Central Government appearing for respondent No.6, Sri.K.R.Koteshwar Rao, learned standing counsel for cantonment Board appearing for respondent No.7 and V.Narshimha Goud, learned standing counsel for HMDA appearing for respondent No.8. With their consent, the writ petition is taken up for disposal at the admission stage itself. 2 This writ petition has been filerl seeking the following prayer:- "to fuclare the Preliminary Noti.fication Vide B2/36p024 DT.73-12- 2024 and setteral otlur Prelittinary Notifcation aide separate File Numbers published in Thl Hyderabad District Gazette Nos.MMD- 10 to MMD-17 dt 19-11-2024, issued under Section 77(7) of The Right to Fafu Compensation and 'lransparency in Land Acquisition Rehabilitation and Resettlement Act, 2073 herein after called the Act No.30 of 2013, uithout including nty property anri other properties sifuated at Deaton Bazar on the ground that the properties come under the category of B-3 Lands, is arbitrary illegal and against the Principal of Na{ural lustice and consequently direct the Respondents to acquire my land hy following due process of law as Iaid down under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.,, I

3. Though various grounds are raiscd in the writ petitiory learned counsel for the petitioner restricts his prayer seeking a direction to respondent No.7 to 2 '.o dispose the petitioner's representation dated 06'02'2025, in a time bound period.

4. Lcarned standing counsel appearing for respondent No.7 did not dispute the same.

5. In view of the submission made by learned counscl on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent No.7 to dispose the petitioner's rcpresentation dated 06.02.2025 and pass appropriate orders strictly in accordance with law, as expeditiously. as possible, preferablv within a period of six (06) weeks from the date of i-eceipt of copy of this order and communicate the samc to the petitioner.

6. Accordingly this writ petitiorl is disposed of. Miscellaneous applications, if any pending, shall stand closed No order as to costs ,TRUE COPY// sD/-MgxlD. lsMAlL DEPUryREGISTRAR SEC OFFICER To, 1

3. 4 q o 7 The Principal Secretary, Revenue (LA) Department, Secretariat, The State Of Telanoana. Hvderabad. The Piincipal Secretary Municipal Administration and Urban Development Deoartment. The State Of Telanqana, Secretariat, Hyderabad. Th6 District Collector, Medchal-Nlalkaiqiri District lntegrated District Office Complexes, Anthaipally (V), Shamirpef Mandal, Medchal-tMalkajgiri District 78. The Additional Collector (REVENUE), Medchal-lValkajgiri District at lntegrated Diskict Office Complexed, Anthaipally (V), Shamirpet Mandal, Ivledchal- Malkajgiri District-78. The S-pecial Deputy Collector LA (lnds), Hyderabad, lnte.glgtgd District, Office Compiexes, Anthaipally (V), Shamirpet Mandal, tri'ledchal-Malkajgiri District- 78. The Secretary il/inistry of Defence Department, The Union Of lndia, New Delhi. The Chief Executive Officer, The Secunderabad Cantonment Board, City Civil Court Complex, Secunderabad. at Hyderabad [OUT]

8. The [Vletropolilan Commissioner Hyderabad Metropolitan Development ^ Authority (HrylD-A), Ameerpet, HyderaUad. 9. One CC to Sri Thomas Llbvd Aivocate tOpUCl '10. Two ccs to GP for Land A'cquisition, Higrr couh for the State of relangana, 11.Two CC to The GP for Municipal Administration Urban Development, Hioh 12. One CC to SC for Central GovernmentlOpucl' 'l3.One CC to Sri K.R. KoteswarRao, SCfbr Canionment Board[OpUC] 14.One CC to Sri V. Narshimha Goud, SC for HIMDA[OpUC] 'I 5.Two CD Copies Court for the State of Telangana, at Hyderabad[Ou! TJ GJPw I r") r t k oB 1HE SI4 i6 2 5 IUB 2025 q J o t) 0r. F,1 Ie l.r' /./ HIGH COURT DATED:0710412025 ORDER WP.No.10422 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I i I t )

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