The High Court · 2025

Judgment

5. State of Telangana, Rep. by its Principal Secretary, M.A. AND U.D. Department Telangana Secretariat, Hyderabad State of Telangana, Rep. by its Special Chief Secretary, Finance Department, Telangana Secretariat, Hyderabad Greater Hyderabad Municipal Corporation Greater Hyderabad Municipal Corporation, Rep. by its Commissioner Municipal Complex, Tank Bund Hyderabad Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipal Corporation, Hyderabad. Chief Commissioner of Land Administration (C.C.L.A.), Hyderabad, Office at Nampally, Hyderabad ...RESPONDENTS

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 direction in the nature of Writ of Mandamus. A, declaring the action of the Respondents in not depositing compensation amount for the acquired structures of the Petitioners situated at House No.19-1-227111N7, i belonging to Petitioner No.1, and H.No.'19-2-227111N1111 , Bahadurpura Village And Mandal, Hyderabad District, Telangana State, in pursuance to Judgment and Decree passed in L.A.A.S. No.4 of 2018, dated 2110212025, passed by this Hon'ble Court, whereby the compensation awarded by the Hon'ble XXIV Additional Chief Judge, City Civil Court, Hyderabad in L.A. O.P. No.662 ot 2012 vide Order and Decree dated 28108120'17 was enhanced from Rs.4, 7431- per Sq.yard to Rs. 10, 050/- per Sq.yard., to the credit of the E.P. No. 103 of 2025 on the file of the Hon'ble XXIV Additional Chief Judge, City Civil Court, at Hyderabad, as illegal, arbitrary and violative of Articles 14,21 and 300-A of the Constitution of lndia and, B. Consequently, direct the Respondents to deposit enhanced compensation amount together with interest on solatium and additional market value payable to the petitioners in respect of acquired houses covered by E. P. No.l 03 of 2O25 in L.A. O.P. No.662 of 2012 on the file of the Hon'ble XXIV Additional Chief Judge, City Civil Court, Hyderabad, forthwith and, C.pass lA NO: 1 OF 2021i 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 respondents to deposit the enhanced compensation amount in respect of acquired houses r:overed by E.P. No.,|03 of 2025 in L.A. O.P. No.662 of 2012 on the file of the Hon'ble XXIV Additional Chief Judge, City Civil Court, Hyderabad, in the interest of justice, pending disposal of the writ petition. Counsel for the Petitioners: SRI SANKALP PISSAY Counsel for the Respondent No.l: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: AGP FOR FINANCE Counsel for the Respondent Nos.3 an 4: SRI G. MADHUSUDAN REDDY, SC The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22966 of 2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for MA&UD on behalf of respondent No. 1, learned Assistant Government Pleader for Finance on behalf of respondent No.2 and Mr.G.Madhusudan Reddy, learned standing counsel for respondent Nos.3 and 4. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the follor.r,ing prayer:- 'declarirug the action of the Respondents in not depositing compensation amount for the acquired structures of the Petitioners situated- at House No.19- 1-227/ 1/A/ 7 belonging to Petitioner No. 1 arud H.No.19-2-227/ 1/ A/ 1 / 1 1 of Bahadurpura Vtllage and Manda\ Hgderabad Distict, Telangana State (subject propertg) in pursuance to Judgment and Decree passed in LAAS.No.4 of 2O1B dated 21/02/2025 passed bg this Court whereby the compensation auLarded by the XXIV Additional Chtef Judge, Citg Ciuil Court, Hyderabad in LAOP.No.662 of 2O12 uide Order and Decree dated 2B/OB/2017 tuas enhanced from Rs.4,743/- per Sq gard to Rs.1O,O5O/- per Sq.yard to the credit of the EP.No.1O3 of 2025 on the file of the XXM Additional Chief Judge, Citg Ciuil Court at Hyderabad as illegal, arbitrary and uiolatiue of Articles 14, 21 and 30OA of the Constitution of India and consequently direct the Respondents to deposit enhanced compensation amount together with interest on solatium and I I .i2ii additional market ualue pagable to the petitioners in respect of acquired houses couered bg EP.No.1O3 of 2025 in LAOP.No.662 of 2O12 on the Jile of the XXN Additional Chief Judge, Citg Ciuil Court, Hgderabad firthuith."

3. The facts of the case in brief are that petitioners herein are senior citizents who are the claimants in LAOP.No.662 of 2Ol2 on the file of XXIV Additional Chief Judge. City Civil Court, Hyderabad which was reference under Section 18 of the Land Acquisition Act, 2013 to enhance the compensation awarded by Special Deputy Collector, Land Acquisition, GHMC in award dated O 1 .03.2008 whereby subject properties were acquired for the purpcse of road widening and junction improvement. The enhancenrent order r'r'as passed on 28.O8.2O17 b-y the Civil Court and there:tfter, this Court further enhanced the compensation in LAAS.No.4 of 2018. Since, the enhanced compensation has not yet been p.rid, petitioners have filed E.P.No.103 of 2025, which is pending Ibr consideration. In this regard petitioners have submitted a representation to respondent No.4 on O9.O7.2025. I Questionin g the action of respondent authorities in not depositing the enhanced compensation, the present u'rit petition is filed - / / ::3:: 4 Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to respondent authorities to dispose of the petitioners' representation dated O9.O7.2025 in a time bound period. 'l

5. Learned Standing counsel for GHMC appearing on beha-lf of respondent Nos.3 and 4 submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioners' representation, dated 09.O7.2025 and pass appropriate orders in accordance with law.

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioners' representation, dated 09.O7.2025 and pass appropriate orders strictly in accordance with law \ dthin a period of four (04) weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and by giving a fair opportunity of hearing to all the concerned parties and thereafter, communicate the same to the petitioners. ,t.\ ::4:: 7. Recording the above said submission, writ petition 1S disposed of, accordinglY. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs' //TRUE COPY// SD/.A.V.S. PRASAD D PUTY REGISTRAR ECTION OFFICER I I To, TJ LS 't. The Principal Secretary, M.A. AND U.D. Department Telangana Secretariat, State of Tel::ngana, Hyderabad

2. The Special Chief Secretary, Finance Department, Telangana Secretariat, State of Telangana, Hyderabad

3. Greater Hyderabad Municipal Corporation Greater Hyderabad Municipal The Commissioner Municipal Complex, Corporation, Tank Bund Hyderabad 4. Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipal Corporation, Hyderabad. Nampally, Hyderabad

5. Chief Commissioner of Land Administration (C.C.L.A.), Hyderabad, Office at 6. One CC to Sri Sankalp Pissay, Advocate [OPUC] 7. Two CCs to GP for Municipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad [OUTI HyderabadlOUTl

8. Two CC to The GP for Finance, High Court for the State of Telangana, at 9. One CC to Sri G. Madhusudan Reddy, SC [OPUCI 10.Two CD Copies \y HIGH COURT I DATED:05,t0812025 I ORDER ( oe I HF- S r/i ,f \, 2 0 0CI mzq I o O ) t WP.No.22966 of 2025 ' .'1 :'," . -,., DISPOSIG OF THE WRIT PETITION WITHOUT COSTS @ tp ws