M/s.Sri Balaji Developers v. The State of Telangana

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, Order or Directioh more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seeking to dispossess the,petitioner from its patta and private land situated at D.No.5-4-154 and 155 Part (property Old No.8552), M.G.Road, Secunderabad to an extent of 1550 sq. yards purportedly for a public purpose without acquiring and paying compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 as wholly illegal, untenable, violative of Article 300-A of Constitution of lndia and contrary to the settled law and consequently direct the Respondents not to dispossess or interfere with the possession and enjoyment of aforementioned property by the petitioner until compensation as per law. l.A. NO:10F 2016(WP MP. NO:45880 oF2016) the land is acquired )y paying requisite 1fr.Oavlt Petition under Section .151 CpC praying that in the cirr fited in support of the p"iition, if,u Uign Cout direct the Respondents not to dispossess/rnterfere with the and enjoyment of the petitioner over the Or"O"", -N"* an exto situated in Old No.g552, Correspondirs t" ", H.No.5.. situated at tVt.G.Road, Secunderabad "R;;"r;;' Mandat, without recourse to initiation of land acquisition pro"eeOing,, Compensation and Transparency in Land Acquisitior, Resettlement Act, 30 of 2013 pending Oi.porrl of ti" above ,,y Counset for the petitioner: SRI SRINIVASA RAO PUTLURI Counsel for the Respondent No.1,3,4 & 5: Gp FOR LAND AOi Counsel for the Respondent No.2: umstances stated in may be pleased to reaceful possession t of 1550 sq. yards -154 & 15S (part) Hyderabad District under Right to Fair Rehabilitation & it petition. IUISITION SRI G. MADHUSUDHAN R :DDY (sc FoR GHMC) The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR trIRIT PETITION No.37218 of 2OL6 ORDER: Heard learned counsel appearing for the petitioner and Sri Somu Srinivas Reddy, learned Assistant Government pleader for Land Acquisition for respondent Nos. 1,3,4, and S, Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for GHMC/respondent No.2. With their consent, this writ petition is being taken up for disposal.

2. This writ petition has been Iiled questioning the action of the respondents in seeking to dispossess the petitioner from its patta and private land situated at D.lio.S-4, 154 and 155 part (property Old No.8552), M.G.Road, Secunderabad to an extent of 1550 square yards purportedly for a public purpose without acquiring and paying compensation under the provisions of the Right to Fair Compensation . and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 as wholly illegal, untenable, violative of Article 300-A of the Constitution of India and contrary to the settled law and seeking a consequential direction to respondents not to dispossess or interfere with the possession and enjoyment of aforementioned property by the petitioner until the land is acquired by paying requisite compensation. 2 \ \. /:

3. This Court by order dated O 1. 1 1 .2 l respondents not to interfere with the petitioner t 6 directed the - s possession and enjoyment of subject properer of this writ petitrr n and parties are directed to maintain status-quo as on date. ll dated 08.11.2016, interim order granted or ereafter by order

01. 1 1.2016 was extended until further orders. 4 No counter has been frled by the responderl;.

5. Learned counsel for the petitioner :; rbmits that an application has been made to the Comnr.;sioner, Greater Hydcrabad Municipal Corporation (for sh:.t ,GHMCJ on 15.10.2016 seelcng permission for constructir n of temporarJi compound wall to stop encroachment, which har; been received on t7.10.20t6.

6. In that view of the matter, this rvrit petition i consent directing the petitioner to approact. r disposed of with the respondent No.2/Commissioner, GHMC with documenrs in support of application dated 15.10.2016 i.e., copies of title <l documents to prove the title and possession eds and relevalt rver the subject property within a period of (01) week from the dat: of this order and respondent No.2/Commissior of receipt of copy :r, GHMC shall consider the application of the petitioner datec

15.1O.2O16 for construction of compound '.vall and pass appropr r te orders strictly 3 in accordance to law if the petitioner is otherwise eligible, within a period of (04) weeks thereafter. 7 WitI these observations, writ petition is disposed of. No order as to costs Miscellaneous applications, if any pending, shall stand closed. SD/.M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// S CTION OFFICER To, 1 . The Principal Secretary, Revenue (LA) Department, The State of Telangana, 2. The Commissioner, The Greater Hyderabad Municipal Corporation, Tank Secretariat, Hyderabad. Bund, Hyderabad. Nampally, Hyderabad.

3. The Collector & District Magistrate, Hyderabad District, Station Road, at

4. The Revenue Divisional Officer, Secunderabad, Hyderabad District. 5. The Tahasildar, Secunderabad, Hyderabad District. 6. One CC to SRI SRINIVASA RAO PUTLURI, Advocate [OPUC] 7. One CC to SRI G. MADHUSUDHAN REDDY, (SC FOR GHMC) IOPUC] 8. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUT]

9. Two CD Copies BN BS HIGH COURT DATED:1911112025 ORDER WP.No.37218 of 2016 (( t a) C) t') \ 1HE SI4 31 0E[ U6 I * PAT DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3l 14