The High Court · 2025

co ro ny, wa ra nsa r town, J:,[':#::] ;:r#,"ff : ff ' 3l'.trjf.:{i'#X'# PAN I Gor, SRI UDAY KUMAR Kuiinoept Counsel forthe Respondent No.1: SRI MIRZA SAFIULLA Er I Counsel for the Respondent No.2: III_s- MAHEE GONE, REp. F SRI PASHAM MOHITH, S;1 ; The Court made the following: ORDER G OR FOR WIviC IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITI ON No.2Ol27 OF 2073 Date: O5. 1 2.2025 Between: Smt. P.Hema and another AND Kakatiya Urban Development Authority, Warangat rep. by its Vice Chairman and Managing Director, Waiangal District & a nother. ORDER: ...Petitioners -..Respondents This writ petition is filed seeking to direct respondent No.1 to consider the realignment of the road development plan pursuant to the recommendations of the Deputy City Planner of respondent No.2_Corporation or in the a-lternative pay compensation to the land of am extent of 189.57 Square Metres of which the petitioners have been deplived ald further direct the respondents to take action against the illegal constructions on the road portion as per 2 - the realigned road development plan of I anakadurga colony by taking action against the illegal err :roerchments into the road portion.

2. Heard Mr. Raja Sripathi Rao panugoti, l<.i :rnt:d Senior Counsel representing Mr. Uday Kumar tukkadapu, learned counsei appearing for the petrt oncl.s and Ms. Mahee Gone, learned counsel cpre scnting Mr. Pasham Mohith, learned Standing ( ounsel for Warangal Municipal Cor.poration, appearing for respondent No.2. Perused the material available on recorrl

3. On 28. IL 2025, this Courl, has directer responrlent l{o.2 to file appropriate instructions as to thc : ction taken in the matter.

4. 1'oday, when the tnatter is taken up Irr hearing, learned corlnsel for responclent No 2 has plac: I a copy of written instructions under the signatui-e ol. :.espondent No.2, wherein it is stated that initially, the petiL oners have obtainecl building permission, dated 02. 12.2)21 for the -) construction of a Stilt + 5 floors residential apa-rtment building by removing the existing house bearing No.2-7- 1165, Hanamkonda and thereafter, the petitioners have Iiled a revised building application showing the road affected portion of their land and seeking the benefit of setback relaxation for the areas affected for the road widening and in consideration of their building permit was granted and the petitioners have completed their construction and obtained the Occuparlcy Certificate uide proceedings No.0010/OC / 3006 /2025, dated 2O.O2.2O25, and that since the petitioners have availed benefits of setback relaxation in lieu of the land stated to be a-ffected in the road widening, he asserts that the petitioners have already been compensated in terms of setback relaxation.

5. At this juncture, learned Senior Counsel submitted that in the written instructions, what is the actual portion of the land, which is being affected in the road widening, is not stated. He further submitted that the petitioners 4 - should be adequately compensated for the lel Ld taken by respondent No'2' 6. Learned Senior Counsel further cort:nded that though the benefit of relaxation of setbac< s has been grar-rted whilc according building permission' it is not in proportion to the extent of land which has be 3n taken for road widening. He further contended that a- appropriate and detailed clarihcation is required' as to hr'' g much land of the petitioners was acquired by respon'1 :nt No'2 for road widening and the entitlement of TDR cer'1 Lficate or any terlns of G'O'Ms'Nrl 168' dated other beneht in

07.04.2012. In view of the above submissions made i y the teauned 7. counsel lor the Writ Petitioner' the rnain gl i ]varce of the petitioner is that though set-backs relaxatio: is granted' it is not in proportion to the land affected by oacl widening and in such circumstances, this Writ Petitrr n is disposed of directing tl.rt: petitioner to hle a tletailed epresentation before the respondents as to their : rtitlement of a .) proportionate value either for TDR or any other monetarlr compensation in lieu of the land affected by road widening within a period of two (02) weeks from the date of receipt of a copy of this order and on such representation being made, the respondents shall necessarily consider dispose it of within a period of six (06) weeks from the date of receipt of the said representation, in accordancc with law No order as to costs.

8. Pending miscellaneous applications, i[ any, in this writ petition shall also stand closed. SD/.P. PONNA KRISHNA ASSISTAYEGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Vice chairman and Managing Director, . Authority, Warangal, Warangal, Warangal Drstrlct' Kakatiya Urban Development

2. The Commissioner, Warangal Municipal Corporation' Warangal' 3. One CC to SRI UDAY KUMAR KUKKADAPU' Advocate [OPUCI 4. One CC to SRI MIRZA SAFIULLA BAIG, Advocate [OPUC] 5. One CC to SRI PASHAM MOHITH, SC FOR WMC [OPUC] 6. Two CD CoPies BSR HIGH COURT DATED: 0511212025 ORDER WP.No.20127 of 2013 ,,-.\ 1i i;; 2pg DISPOSING OF THE WRIT PETITION, WITHOUT COSTS s