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 a Writ of Mandamus or any other appropriate Writ, order or direction and a) Bv declaring the action of the Respondents in illegally acquiring our lands and in not releasing the compensation in respect of the acquired lands in survey Nos. 199/1 and 2, 20O, 201 , 2O2, 204, 205, 206, and 303 situated at Bandlaguda Village, Charminar Mandal (now lBandlaguda Mandal) as illgal, improper and u nconstitutional b) To direct the Respondents initiate the land acquisition proceedings under the Rights to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 30 of 2013 and to pay compensation to the petitioners in respect of their land A.C. 1.31/2 Gts in Sy.Nos. 19911,2O0,201 ,2O2, and 303 of Bandlaguda village and Mandal, Ranga Reddy District forthwith (Para B of the Prayer is amended as perC.O. dt.30.01.2025 in lA No.2/2025 (WPMP No.47279 of 2015) l.A. No: I oF 20100YPMe-!eiZZ00 eE_?SU) 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 release the half of the compensation amount in respect of the acquired lands of the petitioner in Survey Nos. 199/1 and 19912 20O, 201 , 202, 204,205, 206 and 303 situated at Bandlaguda Village, Charminar Mandal( now Bandlaguda Mandal), pending disposal of the above Writ Petition l.A. NO: 2 OF 201S(WPMP. NO: 47279 OF 2015) 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 permit the petitioners to amend the paragraph (b) in Writ Petition by substituting the following paragraph " To direct the respondents to initiate the land acquisition proceedings under the Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resetflement Act, 30 of 2013 and to pay I compensation to the petitioners in respect of their land Ac.1.30 Gts in Sy. Nos. 19911,2O0,201, 202 and 303 of Bandlaguda village & Mandal, Ranga Reddy District forthwith Counsel for the Petitioner: SRl. C. KUMAR Counsel for the Respondent No.1: SRI RAPARTHI VENKATESH (SC FOR GHMC TELANGANA) Counsel for the Respondent Nos.2&4: AGP FOR ROADS AND BUILDINGS Counsel for the Respohdent No.3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 5&6: GP FOR LAND ACQUISITION The Court made the following: ORDER 7 THE HCINOURABLE SRI JUSTICE K. LAKSI{MAN WRIT PETITION No.6O33 OF 2O1O ORDER: Heard Sri C.Kumar, learned counsel for the petitioners, Sri Raparthi Venkatesh, learned Standing Counsel appearing for the 1"t respondent-Greater Hyderabad Municipal Corporation (GHMC) and learned Assistant Government pleader for Roads & Buildings (R & B) Department f61 lnrr respondent.

2. The petitioners herein after claiming that they are the absolute owners and possessors of lands in Survey Nos. 1997'1 and 2, 2OO, 2Ol, 2O2, 2O4, 2OS, 206 and 303, situated at Bandlaguda Village, Charminar Mandal (now Bandlaguda Mandal) (for short, the subject property). In proof of the same, the petitioners have filed copies of pahanies for some years. The respondents acquired the subject propert5r without following due procedure laid down under law including payment of compensation. The petitioners have submitted several representations to both the respondents. The 1"t respondent informed the petitioners that they have not acquired the subject property and they have not laid the road. However, it is the 2.d respondent who had laid the road. The 2na 2 respondent is claiming that it is the 1"t respondent who has to pay the compensation. The petitioners have filed copies of the said correspondence between the petitioners and the respondents.

3. Sri. Raparthi Venkatesh, learned Standing Counsel appearing for 1"t respondent has produced written instructions of Assistant City Planner, Circle No.8, Chandrayangutta, GHMC, Hyderabad wherein it is stated that respondent Corporation has visited the site, observed that the' subject premises situated at Bandlaguda Main Road, Bandlaguda Village and Mandal, the petitioners have already prepared an unapproved layout and sold out plots to individuals. Land owner himself left the main road side front open land as per the master plan width. Therefore, the petitioners cannot claim compensation. The said instructions are placed on record.

4. As discussed, uide proceedings dated 07.10.2009, 1st respondent informed the petitioners that as reported by Assistant City Planner, Circle No.6, GHMC, the l"t respondent has not taken any land for formation of road at Survey No.3O3 of Bandlaguda Village, Bandlaguda Mandal for road widening of 3 old Kurnool and the R & B Department formed the said road. Vide letter dated 08.02.2010, 2"a respondent informed the petitioners that R & B Department has not taken any land for formation of the road in the aforesaid survey numbers situated at Bandlaguda Village. However, R & B Department has not dismantled any compound wall or any structure during the execution of the road widening and there is a clear distance of 20 feet to 30 feet from the edge of B.T. road to private structures. Therefore, 2"d respondent requested the petitioners to submit all legal documents, registered site and building plan etc., for verification.

5. Vide proceedings dated 17 .O1.2OO8, principal Secretary to Government, R & B (R-III) Department informed that Government has decided that compensation to the affected structures of private properties acquired for vvidening/ decongestion of inner Ring Road within the stretch from Sangeeth Theater to Aramgarh junctions shall be paid by GHMC either directly or in terms of FSI. The said aspects were not considered by respondents.

6. This u,rit petition is of the year 2OIO. The petitioners submitted representations dated 12.Og.lgg7, I I 4

22.08.1997, 29.OA.2OOa, 2l.1l.2OOB, 19.O1.2OO9 and

29.O4.2009, and legal notice dated 03.08.2009.

7. Therefore, this Writ Petition is disposed of directing the petitioners to submit a frestr representation enclosing copies of all the aforesaid documents to 1st respondent within (O 1) week from today. On receipt of the said representation, 1"t respondent shall consider the same and pay compensation to the petitioners in terms of Section 147 of the Greater Hyderabad Municipal Corporation Act, 1955. If l"t respondent is not inclined to accept the request made by the petitioners and pay compensation, he shall assign specific reasons and pass an order and communicate said copy of the order to the petitioners. The l"t respondent shall complete the said exercise within a period of eight (08) weeks from the date of receipt of representation of the petitioners. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs \ To, //TRUE COPY// SD/.V. KAVITHA ASSISTANT REGISTRAR 0 SEGTION OFFICER -l &#Sftf.1{RiiEA"'iBB'o* GHMC TELANGANA)

1. The Commissioner and Special Officer' greater. Hyderabad Municipal ' d;ff;ii;;, raiii euno, Fvdeiaoad, GHMC' Hv{erabad' , iX;ti;;ii;;Hbin;ei; ii',"""i"s-Gpi't'""1 A c Guards' Hvderabad ? 3lE 33 S IOPUCI iiro"#" to Gp FOR ROADS AND BU|LDINGS, High court for the state of Telanqana, at HYderabad IOUTI i;; ic;i;-Gf Fon vur\iCtehl noutruts.rtlrloN AND URBAN DEVELoPMENT'Hish Cou[i;il;'5i;i"-"f telangana'-at Hvderabad. loUrl ii.l -cb-.'tii'Gp ioR r_nNo AcciursrTloN, High court for the State ol Telangana, at HYderabad [OU! "$: 6 5 7 - 8. Two CD CoPies I Btl aE- ', I I / HIGH GOURT I L ATED:30/0112025 I c.' k 14 ,'e C)< o u \\ "7 2 0 riB 2025 + -'!)a;Ci{L 1l t ORDER WP.No.6033 of 2010 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .l (gcef K&,,