The High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction in nature of writ of mandamus declaring the actions of respondents as arbitrary, illegal, without jurisdiction, without authority of law and violative of principles of natural justice and consequently set aside the Letter No. 1SR/RW/ACP/C18/GHMC 12025 dated 20' og-2o25 issued by Respondent No.3 and restrain the respondents from depriving the petitioners of their possession and enjoyment of any part of their property in Plot No.1367, situated at Road No. 45, Jubilee Hills, Hyderabad, without following the due procedure of acquisition established under Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Re-setflement Act, 2013. lA NO: 1 OF 2025 further proceedings pursuant to 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 impugned Letter No. 1 5R/RW/ACP/C1 8/GHlvc/2O25dated 20-o9-2o2s issued by Respondent No.3 and direct the respondent authorities not to take any coercive steps to demolish or dispossess the petitioners from any part of their property in plot No..1 367 situated at Road No.45, Jubilee Hills, Hyderabad. Counsel for the Petitioners: SRI C.V.NARAStMHAM Counsel forthe Respondent No.1: cP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRt M.ARUN KUMAR, SC FOR GHMC W.P.NO: 29768 OF 2025 Between: Vishnu Gupta, S/o. Late Ram Kumar, Aged 7l years Occ. Business, Rt/o. plot No.1360iA Road No.45, Jubilee Hills, Hyderabad - 500033 ...'ET.T,ONER AND 1 . The State of Telangana, Represented by Principal Secretary Municipal Administration and Urban Development Department Secretariat Builbings, Hyderabad 2. The Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad, 3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation Town Rep. by its Commissioner Planning Section, Circle-18, Jubilee Hills, Khairtabad, Hyderaliad Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction in nature of writ of mandamus declaring the actions of respondents as arbitrary, illegal, without ...RESPONDENTS jurisdiction, without authority of law and violative of principles of natural .justice and consequently set aside the Letter No. BR/RW/ACP/C1B/GH[/C/2025 dated 20-09- 2025 issued by Respondent No.3 and restrain the respondents from depriving the petitioner of his possession and enjoyment of any part of his property in Plot No.136OiA, situated at Road No. 45, Jubilee Hills, Hyderabad, without following the due procedure of acquisition established under Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. lA NO: 1 OF 2025 further proceedings pursuant to 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 impugned Letter No' BR/RW/ACP/C1BIGHMCI2O25 dated 20-09-2025 issued by Respondent No.3 and direct the respondent authorities not to take any coercive steps to demolish or dispossess the petitioner from any part of the petitioner's property in Plot No.'1 360/4 situated at Road No.45, Jubilee Hills, Hyderabad. Counsel for the Petitioner: SRI C.V.NARASIMHAM Counsel for the Respondent No.1 : GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI M.ARUN KUMAR' SC FOR GHMC W.P.NO: 29775 OF 2025 Between: P. Soujanya Reddy, Wo. Gopala Krishna Parvathareddi, ag9-d 7p. years Occ. No.1056-H Road No.45, Jubilee Hills, Hyderabad - House-wife, R/o. 5ooo33 -PIot ...PETtrtoNER AND '1 . The State of Telangana, Represented by Principal Secretary Municipal Administration and-Urban Dbvelopment Department Secretariat Buildings, Hyderabad

2. T6e Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad, Rep. by its Commissioner

3. The D6puty Commissioner, Greater Hyderabad Municipal Corporation Town Planning Section, Circle-18, Jubilee Hills, Khairtabad, Hyderabad ...RESPONDENTS Petition under Article 226 of the constitution of tndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction in nature of writ of mandamus declaring the actions of respondents as arbitrary, i egal, without jurisdiction, without authority of law and violative of,principles of natural justice and consequently set aside the Letter No. 14LlRW/ACp/c1B/GHtvc l2o2s dated 2o-og- 2025 issued by Respondent No.3 and restrain the respondents from depriving the petitioner of her possession and enjoyment of any part of her property in prot No. 1056-H, situated at Road No. 45, Jubilee Hills, Hyderabad, without following the due procedure of acquisition established under Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Re-setflement Act, 2013 lA NO: 1 OF 2025 further proceedings pursuant to 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 impugned Letter No_ 141lRWAcP/c1BlcHMCl2o2S dated 2o-og-202s issued by Respondent No.3 and direct the respondent authorities not to take any coercive steps to demolish or dispossess the petitioner from any part of the petitioner's property in plot No.1 056- H situated at Road No.45, Jubilee Hills, Hyderabad. Counsel for the Petitioner: SRI C.V.NARASIMHAM Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI M.ARUN KUMAR, SC FOR GHMC W.P.NO: 30021 OF 2O2s Between: Srivalli No.1363 Road No.45, Jubilee Hills, Hyderabdd -500033 ^T_eja, !!{o. Qhqrma Teja, aged 56 years Occ Housewife, Rt/o. plot ...PET|T|ONER AND 1 2 lle .Slale of Telangana, Represented by principal Secretary Municipal Administration and Urban Development bepartment Secretiriat Buil'dings, Hyderabad The Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad, Rep. by its Commissioner a The Deoutv commissioner, Greater Hyderabad tvunicipal corporation Town piannin! S'ection. Circle-18. Jubilee Hills, Khairtabad' 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 an appropriate writ, order or direction in nature of writ of mandamus declaring the actions of respondents as arbitrary, illegal, without jurisdiition, without authority of law and violative of principles of natural justice and consequently set aside the Letter No. 1'1 R/RW/ACP/C18/GHMC12025 dated 20- og-2o25 issued by Respondent No.3 and restrain the respondents from depriving the petitioner of her possession and enjoyment of any part of her property in Plot No.1363, situated at Road No. 45, Jubilee Hills, Hyderabad, without following the due procedure of acquisition established under Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. lA NO: 1 OF 2025 further proceedings pursuant to 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 impugned Letter No' 11RyRW/ACP/C1B/GHN/C/2025 dated 20-09-2025 issued by Respondent No.3 and direct the respondent authorities not to take any coercive steps to demolish or dispossess the petitioner from any part of the petitioner's property in Plot No.'1 363 situated at Road No.45, Jubilee Hills, Hyderabad. Counsel for the Petitioner: SRI C.V.NARASIMHAM Counsel for the Respondent No.'l: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI M.ARUN KUMAR, SC FOR GHMC W.P.NO:300 440F 2025 Between: sri A.N.^Sayi p-rabhakara sastry, s/o. Late sri N.B. Narayana sastrv. Aqed 65 years, occ. Consuttant, RUo' ptot No.1336, RorA ft;.;s, :;'dii""" Hirr., Hyderabad ...PET|TIONER AND '1 The state of rerangana, Bep. oy principar Secretary, Municipar Administration and Urban Deveroriment oe[,arti"e'ii,-dirEiariat ei]ildins., fty,idirb;ii;oo o22 2. The Greater Hyderabad.Municipal Corporation, Rep. by its Commissioner, 3 The Deputy Cohrmissione_1 Khairatabad, Hyderabad 500 004. Town planning Section, Circle-l8, Khairatabad, Hyderabad 500 004. -G!-MC, ...RESPONDENTS Petition under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order or a direction or a writ more particurarry one in the nature of a writ of fVrandamus decrare the actions of the respondents as arbitrary, illegal, without Jurisdiction, without authority of law and violative of principles of natural justice and consequenfly set aside the Letter No. 16R/RW/ACP/C18/GH[\4cl2025, dated. 23rogt2o2s issued by the 3rd Respondent and restrain the Respondents from depriving the petitioner of possession and enjoyment of any part of his property in plot No. 1336, situated at Road No. 45, Jublieehills, Hyderabad without foilowing the due procedure of acquisition established under Right to Fair compensation and rransparency in Land Acquisition, Rehabiritation and Re-Setflement Act, 20.r3 and consequenily direct the Respondents not to interfere with or disturb the possession or enjoyment of the Petitioner to any pay of his property. 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 preased to direct the Respondent Authorities not to take any coercive steps to demorish or dispossess the Petitioner from any part of the subject properties in prot No..r336, situated at Road No.45, Jubilee Hills, Hyderabad, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SUBRAHMANYAM KURELLA a;;;t"i for the Respondent No'1: GP FoR MCPL ADMN & URBAN DEV Gounsel for the Respona"ii f'l"t'Z & 3: SRI M'ARUN KUMAR' SC FOR GHMC W.P.NO: 30 o47 0F 2025 Between: Smt.D.Charumathi.W/o,LateDSe-shagiriRao'Aqe80yearsocc. Housewife, nyo proi'No S-gS,-n"iO1g.aO, L"uUitee Hills, Hyderabad, Rep. by his GPA Holder Sri o VjdiX'sncnn, slo b setnagiri Rao' Aged 56 vrs' occ 'd;.i""*, R/oprot f.ro ggs, Road No 46, Jubllee Hills' Hyderabad' ...PETITIONER AND 1. The State of Telangana, Rep by Principal Secretary' Municipal Administration and Urban Oevetop,i'eii fjebart'm"nt. Secretariat Blitdings, Hyderabad 500 022. i-n-" Cr"at"t Hvderabad Municipal Corporation, Rep by its Commissioner' Khairatabad, HYderabad 500 004 ii-i" O"oriv C"inmissioner, Khairatabad, Hyderabad 500 004 -GUl,'tC to*n Planning Section' Circle-'18' 3 2 ...RES'ONDENTS Petition under Article 226 of 1he Constitution of lndia praying that in the circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an order or a direction or a writ more particularly one in the nature of a writ of lt/andamus the actions of the respondents as arbitrary, illegal, without Jurisdiction, without authority of law and violative of Principles of natural justiceandConseqUentlysetasidetheLetterNo.lTR/RW/A9PlclglcHrllAc|2o2s, dated. 20.09.2025 issued by the 3rd Respondent and restrain the Respondent and from depriving the Petitioner of Possession and enjoyment of Any part of his property in Plot No. 1335/A, situated at Road No 45' Jublieehills' Hyderabad withoutfollowingthedueprocedureofacquisitionestablishedunderRighttoFair CompensationandTransparencyinLandAcquisition'RehabilitationandRe- Settlement Act, 2013 and consequently direct the Respondents not to interfere with or disturb the Possession or enjoyment of the Petitioner to any part of his Property. 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 further proceedings pursuant to impugned Letter No. 17RlRW/ACP/ciB/GHl\4cl2025, dated. zorogr2ozs issued by the 3rd Respondent and direct the Respondent authorities not to take any coercive steps to demorish or dispossess the Petitioner from any part of the petitioner,s property in prot No. 1335/4, situated at Road No. 45 Jublieehills, Hyderabad. Counsel for the petitioner: SRt SUBRAHMANYAM KURELLA counser for the Respondent No.1: cp FoR rucif eonaru & URBAN DEV counsel for the Respondent Nos.2 & 3: sRr rra.anuru KUMAR, sc FoR GHMc The Court made the following: COMMON ORDER 7 HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION Nos.2974O,29759 .29768,29775, 30021,300114 and30047 of 2025 COMMON ORDER: (oRAL) Leamed counsel for the petitioners submitted that sub-iect matter in these writ petitions is squarely covered by the common order passed by this Court in W.P. Nos-29446 and29448 of 2025 dated25'09'2025 and the same is not disputed by the leamed Standing Counsel for GHMC. 2' Recording aforesaid submission, these writ petitions are allowed in terms of the common order passed by this Court in W'P' Nos'29446 and29448 of 2025 dated 25.09.2025. No order as to costs' As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/- U.SUDHA ASSISTANT REGISTRAR G 'i SECTION OFFICER . The Princioal secretary lvlunicipal Administration and Urban Development Oeoartment Secretariai Buildings, Hyderabad, State of Telangalg . f;5[;ffi Crn"i, ci"rtu'. Hvterabad Municipal Corporation' Khairatabad' Hvderabad. ffr ;G;;t" Commissioner, Greater Hyderabad Ir/unicipal Corporation Town piannin'g S'ection, Circle-1 B, Jubilee Hills, Khairtabad, Hyderlb.ad . Tht DeEutV Commissioner, GHMC, Town Planning Section, Circle-18, . One CC to SRI'C.V.NARASIMHAIV, Advocate IOPUC] . o"" cc to sRI SUBRAHMANYAIV KURELLA, Advocate [oPUCl . ifi ac.itcP FoR MCPL ADIVN & URBAN DEV, High court for the state Khairatabad, HYderabad 500 004. . Two CD Copies of Telanqana, at HYderabad. [OUT] One CC"to SRI tV.ARUN KUN/AR, SC FOR GHIVC [OPUC] ({191s^yjlti g c.opy of the WPNo.s..29{46 and 29ff8 of 2025 dated 25.O9.2025 shall be annexed to this oider) To 1 2 3 4 5 6 7 B 9 s PSK TKS 1 CC TODAY HIGH COURT DATED:2610912025 COMMON ORDER W P . N o s . 2 97 40,297 59,297 68,297 7 5,30 0 21,300 44 AN D 30047 of2025 ';,t" ',..' .:. a r:i$ S":.i o\ 0I !!lT ?ffi ) ''.b ALLOWING THE WRIT PETITIONS WITHOUT COSTS HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRTT PETITION Nos.29114 6 and 294l.8 oF 2025 COMMO N ORDER : (ORAL) Since the issue involved in both these writ petitions is one and the same, they are being disposed of by this common order.

2. The petitioners herein are aggrieved by the impugned letter dated 20.09.2025 issued by respondent No.3 whereby they were requested to give consent letter under Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 (for sho( ,GHMC Act,) and hand over part of their property in ptor No. 1056/I and plot No. 1355_E, respectively, situated at Road No.45, Jubilee Hilts, Hyderabad, affected in the proposed road widening.

3. Heard Mr. C.V.Narsimham, learned counsel for the petitioners; Mr. Midde Arun Kumar, learned Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the material on record.

4. The fa.cts in W.p. No.29446 of 2025, being the lead case. are ser out as under: 7

5. The petitioner is the owner of the Plot No 10561l' Road No'45' Jubilee Hitls, Hyderabad, having purchased the same from thc Jubilee Hills Cooperative House Building Society under registered sale deed dated 10.09.1991. The petitioner constructed hor-rse about two (2) decades ago in 2005 by obtaining building permission and sinoe then' she had been residing in the subject property lt is stated that in 2017' noticeunderSectionl46oftheGHMCActdatedl8'l2.20l7."vasissued to the petitionet requesting her to give consent letter and handover the pafl of the subject property for the purpose of rvidenir.rg the existing Road No.45 i.e. from 80 feet to 120 feet Aggrieved by the same' the petitioner hled W.P. No.28539 of 2018 challenging the said notice and order dated

13.08.2018 was passed directing the respondent authorities to follorv due process of law. Subsequently, the petitioner received notice under Sectionl5(1)oftheAct2013readwithRule2toftherulesmadethere under dated 27'O9.2Olg from the Speciat Deputy Collector' Land Acquisition, GHMC, Hyderabad, to which she submitted her objections' Thereafter, no steps were taken by the respondent authorities and proceedings were rescinded by virtue of provisions under Section l9(7) of the Act 20i3 since the time limit of twetve (12) months had elapsed. While so, the petitioner received another notice under Section 1 5( 1) of J the Act,2013 read with Rule 2l dared 0l .09.2025 tiom the Special Deputy Collector, Land Acquisition, CHMC, which was served on the petrtroner on 12.09.2025. 6 It is alleged that on 23.09.2025, rhe olficials of GHMC visited rhe house of the petitioner and demanded l_rer to produce ownership documents, link documents, building pennission etc., failing which the structures existing on the road af{'ection portion will be treated as encroachments upon the pubtic road It is contended that the action of the respondent authorities in threatening thc petitioner to demolish her house in the subject property is illegal, without jurisdiction and violation of principles of natural justice. m 7 Leamed counser for the petitioner further submitted that the claim of the respondent authorities is serf-contradictory. Having initiated the land acquisition proceedings and having issued notice under Section I5(1) of the Act2013, the impugned norice, which is a threatening tactic, was issued.to the petitioner pressurizing her to surrender the road affected area of her property. Aggrieved by the same, the petitioner is constrained to approach this Court. 1 4

8.LeanredStalrdingCounselforGHMCsubrnittedthattheirnpugned tetter dated 20.09 2025 was issued to the petiiioner requesting her to give consent letter and handover the parl of the subject propefty 1br the purpose of road widening. The petitioner was informed that she can avail the benefit of TDR (Transferable Development Rights) instead of money compensation under the provisions of the Act, 2013' Leamed Standing counsel submitted that the subject property of the petitioncl rii[[ be acquired by tbllou'ing due process of law. g. The record discloses that the notice under Section I 5( I ) of the Act, 2013 dated 0l.09.2025 was issued to the petitioner wherein her name was shorvn her at St.No.l2 in respect of the subject property bcaring Plot No. 1056/I admeasuring 165.98 square yards. It appears prclirninary notification was issued under Section 11 (1) of the Act, 2013 (detaits of which are not available) for acquisition of the subject propcrty and thereafter notice under Section 15(l) of the Act, 2013 rvas issued' Section 146 of the GHMC Act empowers the Commissioner, GHMC to acquire any imrnovable property by agreement on such terms at such rates or prices as approved by the Standing Committee of the GHMC' Section 147 deals with the procedure when immovable propefty cannot 5 be acquired under Section 146 of the GHMC Act. Thus, when agreement between the property owner and CHMC cannot be entered into for the reason the owner of the property does not give consent tbr acquisition of his,/her property, the next step to be taken by the GHMC is to resort to Section 147 of the GHMC Act for acquiring the property under the provisions ol rhe Act 2013. I0. [n the instant case, the land acquisition proceedings have been initiated and Section l5(1) notice dated 01.09.2025 lras been issued to the petitioner. It is arso bome out of the record, on the earlier trvo occasions i.e. 2017 and 2025, the petitioner was not wilting to give consent under Section 146 of the GHMC Act for handing over possession of the subject property Leamed counsel for the petitioner arso contended that the petltloner is contesting the instant land acquisition proceedings and Section 1 5( 1 ) enquiry is pending. 1 1. In the opinion of this Cour1, for obtaining consent tiom the petitioner for acquiring part of the subject property, Section 146 of the GHMC Act is to be followed. It is apparent on the face of the record that consent was not given by the petitioner for acquisition ofher land for the purpose of road widening. Thus, having set the land acquisition process 6 in motion, the respondent authorities do not have any authority to lssue the irnpugnerl tetter dated 10 09'2025 Howeiver' it may noted that even due to the pendency of the land acquisition proceedings' the respondent authorities are always at liberty to negotiate with the petitioner ancl request her to accept the compensation in terms of the TDR Instead of doing so, the impugned letter dated 20 'Og '2025 is issued more so' rvithout reference to the land acquisition proceedings and notices under Section 1 5( 1 ) of the Act, 20 I 3. Further, surprisingly' allegation is made in the impugned letter that the petitioner will be treated as encroacher of the public road. l-here is no material available with the respondcnt authorities nor is it their case that the petitioner has encroached the public road. In view of the same, the impugned letter is arbitrary' unsustainable and tiable to be set aside.

12. In the tight of the above discussion, these writ petitions are allowed. The impugned letter dated 2O'Og'2025 is hereby set aside' This order, however, shall not come in the way of the respondent authorities in going ahead with the land acquisition proceedings and acquire the subject property of the petitioners by passing award under the provisions of Act, 2Ol3 or by entering into negotiations rvith the 7', 7 petitioners requesting them to accept the compensation in terms of the TDR instead of money compensation by foitowing due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in these writ petitions, stand closed September 25,2025 RRK B. VIIAYSEN REDDY, J