NILOUFER AHMED v. 1. THE STATE OF TELANGANA

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 grant a Writ, Order or Direction, more particularly one in the nature of Mandamus Wrii of Mandamus. (a)Directing the Respondents, more particularly Respondent Nos.2 and 3' in issuing the lmpugned Notice i.e. Letter No. 16R/RW/ACP/C18|GHMC|2O25' dated 08.09.2025 and coercing the Petitioner to give her voluntary consent for acquisition of Property belonging to the Petitioner bearing House No. 8-2- 120lBGl6, situated at Road No.2, Banjara Hills, Hyderabad and further threatening her to demorish the compound wa without initiating due proceedings under the Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resetflement Act, 20'r3, as iilegar, arbitrary, viorative of provisions of Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resetflement Act, 201 3 and Articres 1 4 , 21 and 300-4 of the Constitution of lndia. (b)Directing the Respondents to foilow the procedure raid down under the provisions of Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resetflement Act, 2013 (Act 30 of 20i3), incruding but not limited to conducting survey and enquiry, passing of Award and payment of compensation to the petitioner before acquiring the property beronging to the Petitioner, i.e. House bearing no. g.2-120t86/6, situated at Road No.2, Banjara Hills, Hyderabad. (c)Directing the Respondents to pass an awa rd in favour of the petitioner in respect of earrier acquisition in Letter No. JACp/csiMCH /05 dated i0.09.2005 and pay the compensation accordingly as per letter bearing no. 12016lA0PI05/RW/MCH/2005, dated 2s.11.200s, together with damages in accordance with the provisions of Right to Fair compensation and rransparency in Land Acquisition, Rehabiritation and Resetflement Act, 2013 (Act 30 of 20.r3) and the law laid down in Vidaya Devi vs The State of Himachar pradesh,2020 (2) SCC 569. !A NO: 1 OF 2o25 Petition under section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent Nos. 2 and 3 to forthwith determine and pay compensation for the land earlier _/ACP/C5/MCH/OS, dated 10.09.2005 and pay as per letter bearing no. 12016lACPlc5lRW/MCH/200s, dated 2s.11.200s, together with damages as per acquired vide Letter No. compensation accordingly ; I !A NO: 2 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 direct the Respondent Nos.2 and 3 herein to forthwith desist from taking any coercive steps, including demolition, dispossession, or interference with the Petitioner's peaceful possession and enjoyment of property belonging to the Petitioner, i.e. House bearing no. 8-2-12018616, situated at Road No.2, Banjara Hills, Hyderabad. Counsel for the Petitioner: SRI ZEESHAN ADNAN MAHMOOD Counsel forthe Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRI K.RAV| MAHENDER, SC FOR GHMC The Court made the following: ORDER I \ HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.35876 OF 2025 RDER (oRAL) This writ petition is filed seeking to declare the action of respondents No.2 and 3 in issuing the impugned notice vide Lr. No.I6R/RW/ACP/Cl8/ GHMC/2025 dated 08.09.2025 coercing the petitioner to give her voluntary consent for acquisition of the property bearing H.No.8-2- 12018616, situated at Road No.2, Banjara Hills, Hyderabad and further threatening her to dernolish the compound wall without following due process of law. its being illegal, arbitrary and unconstitutional and consequently, direct respondents No.2 and 3 to conduct enquiry, pass award and pay compensation to the petitioner by following the procedure contemplated under the Right to Fair Compensation -['ransparency in Land Acquisition, Rehabilitation and ltesettlement Act, 2013 (for short 'Act').

2. Heard Mr. Zeeshan Adnan Mahmood, leained counsel lor the petitioner; Mr. K.Ravi Mahender, learned Standing Counsel for GI{MC, appearing for respondents No.2 and 3; and perused the material on record.

3. Learned Standing Counsel for GHMC submitted that the subject property of the petitioner will be acquired in accordance r.vith law either by acquiring the same under the provisions of the Act or by issuing Transferable Development fughts (TDRs) upon consent given by the petitioner. t { 2

4. Recording the aforesaid submission, this writ petition is allowed. The respondent authorities are directed to foltow the procedure contemplated under the Act or issue TDRS upon consent given by the petitioner while acquiring the subject properfy bearing H.No.8-2- 120186/6, situated at Road No.2, Banjara Hills, Hyderabad. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. //TRUE COPY// To,

1. The Secretary, Municipal Administration and U id.r"tariii, riyoerauail, Telangana, state of T SD/-P.PONNA KRISHNA STANT REG SECTION OFFICER ment Department,

2. The Commissioner, Greater Hyderabad Municipal Corporation' C'C' Complex' fanf. gJnO noad, [owerTank-Bund, Hyderabad, Telangana'

3. The Dy. Commissioner, GHMC, Circle No. 18, Jubilee Hills, Khairtabad Zone' Hyderabad, Telangana.

4. The Special.Collector LA, GHIVIC, C.C. Complex, Tank Bund Road, Lower Tank Bund, HYderabad, Telangana'

5.oneCCtoSR!ZEESHANADNANMAHMooD,Advocate[oPUC] 6. One CC to SRI K.RAVI IvIAHENDER, SC FOR GHMC [OPUC] 7. Two ccs to GP FOR IVICPL 4PMN URBAN DEV, High court for the State of Telangana at HYderabad [OUT] BSR

8. Two CD CoPies TKS v HIGH COURT DATED:2511112025 CC TODAY ORDER WP.No.35876 of 2025 ( cB 1HE S TA ^ t\.a- t i:)- .\.._ '--i 0 { 0t[ 2025 :{ "rlf ALLOWING THE WRIT PETITION, WITHOUT COSTS \\