The High Court · 2025
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...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 more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents more particularly Respondent No.4 in not releasing the enhancement of Land Acquisition Compensation Amount in favour of the Petitioners in respect of House Property bearing Municipal No.2-4-680/97 admeasuring 27.44 Sq. yards and House Property bearing Municipal No.2-4-680/'100 admeasuring 32.88 Sq. yards both are situated at Sunder Nagar, Harajpeta, Amberpet, Hyderabad, Telangana State, in pursuance of the directions given by him in LAOP.No.349/2022 by its Judgment and Decree daled 2111212022, despite EP No.1412024 was filed for its execution, where Respondents No.2 and 3 have complied the said D.Kree by depositingtheentiretentativeDecreetalamountandthereis;noanyStayorder from the Appellate Court against the said execution as artritrary, exfacie illegal and violation of principles of natural justice and consequently may direct the RespondentSmorepartrcularlyRespondentNo.4torelei]Setheenhanced compensatron amount in EP.No.14t2024 in favour of the F'etitioners by issuing respective cheques into their respective banks accounts, wlatever deposited by the Respondents No.2 AND 3 in pursuance of compliance of its Judgment and Decree dated 21 12.2022 passed in LAOP.No.349/2022 ',n respect of House property bearing Municipal No.2-4-680/97 admeasuring 27 44 Sq. yards and House Property bearlng Municipal No.2-4.680/100 admeasr-ring 32,88 Sq, yards both are situated at $rnder Nagar, Harajpeta, Amberpet, Hyderabad, Telangana State, in the interest ol Justlce. lA NO: 1 OF 2025 Petition under section 15'1 CPC praying that in the (iircumstances stated in the affidavrt filed in support of the petition, the High court may be pleased to direct the Respondents more particularly Respondent lr o.4 to release the enhanced compensation amou nt in EP. No. 1412024 in lavour of the Petitioners by issuing respective cheques into their respective banks accounts, whatever deposited by the Respondents No.2 & 3 in pursuance c,f compliance of its Judgment and Decree claled 21 .12.2022 passed in LAOP.No 34912022 in respect of House property bearing Municipal No.2-4-680i97 admeasuring 27.44 Sq. yards and House Property bearing Municipal No.2-4-680110t admeasuring 32.88 Sq. yards both are situated at Sunder Nagar, Harajpeta, Antkrerpet, Hyderabad' Telangana state, in the interest of justice, pending disposal of the main writ Petition Counsel for the Petitioners: SRI NAZIR AHMED KHAN counsel for the Rcqnondent No.1: GP FOR MCPL ADMN & URBAN DEV counsel for the Respondent No.2: sRl G.MADHUSUDHAN F:EDDY, SC FOR GHMC Counsel for the Respondent No.3: GP FOR LAND ACQUISIIlON Counsel for the Be*pqndent No.4: -- The Court made the'following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VI.IAYSEN REDDY WRIT PETITON No.36520 OF 2025 DATE OF ORDER: 0l-12'2025 Between: I)r. (ihazala Abdul Sattar W/o. Nazir Ahmed Khan and auother ... Pctitioncrs ANI) -f hc Statc ol' Tclangana Rcp. Ily- its Principal Secretarv lVfunicipal Adnrinistration and ljrban Dcrcloptnent DcPannlcnt Sccrctariat lJyderabad, and thlee (3) othcrs. . Respondents ORDER: (ORAL) Heard Mr. Nazir Ahmed Kl-ran, learned counsel fbr thc petitioncrs, and Mr. G. Madhusudhan Reddy, learned starrdirrg counscl for the GHMC, appearing lbr rcspondent No.2
2. The property of the petitioners bearing ll.No.2-4-680/97 adrncasuring 27.44 square yards and I l.No.2-4-6801 100 adrneasuring 32.88 square yalds respectivcly total admeasuring
60.32 sqtrarc yards situated at Sutldcr Nagar' Harajpeta, Arnberpet, \ \ 2 of I 00 l'eet ivide irccltrired lor thc Purpose Hyderabad, proposcd roacl thrrrr KechieLrrla l'rafllc Potice Station to Amberpet is;ued under Main road. fhc prcliminarl' rrotification was Sectiort I I of the I{ight to Fair Compcnsation and Trat s'larency tu Lancl Acquisition. I{chabilitation and l{esettlement Act' 2013 (for shofl'Ac1 ]01l ) on l00ll0ll and arvard \\'as passed in File No.AA/I5il()lI ilatcd II 08 2021 Petitioncr l'krs'i and 2 of Rs.2.2('.-/72l- and wcre paid structl-lrill colnpensatlol-l Rs.5.65,l6li - ernLl larrcl compcnsatton of Rs.2 I .17 832/- arrd Rs.2i.73,641/- tbr thcir respective property It is sul''rnittccl that heing unsatist'ied with the tonlpt'nsation 3. amount, the pctitioncrs trled application under Section 64(2) ofthe Act l0 l3 lot e tr ltlt tlcctncnt ot' e otnllcnsation anloulll in L-A O'l)' No. i49 of l()ll befbre the leamed Land Acquisition' Rehabilitation iind l(csettlernent Authority lbr the State of -Iclarrgana' Hrdctabad' (tbr short 'Authority') and the Authority has passcd alvlttcl otr 2l ' 1 2'1023 enhancing the e 'rrnpcnsation anroLrnt to Rs 94.l00i- tiom Rs i8'000/- per squat'e 1'rrrd' I / )
4. It is stated that the petitioners have also filed execution petition in E.P. No. 14 of 2024 for exccution of judgment and dccree in l..A.O.P. No.349 of 2022 dated 2l -12.2023. In compliance of the award passed by the Authority' respondent No.3 issued cheque bearing No.432420 dated 18.09.2025 for a sum of Rs.88.19.473l- towards enhancement of cotnpensation amount. in t-ai,our ol'respondent No.4. However, the saue has not been rcleased b1' respondent No.4 to the petitioners, as such, they are constraiued to approach this Court
5. Lcarned standing counsel for the GHMC submitted that the enhancecl compensation amount has been deposited and the petitioue-rs tnay be directed to file cheque petition belore the Authoritv (t. In vie'uv ol' the above subrnissions, thc writ petition IS disposcd ot-, granting liberty to the pctitioners to llle cheque petitions tbr release of enhanced colnpensation amount. As and rvhen such apptications are flled, the Authority is directed to dispose ol the same, as expeditiously as possible, preferably rvithin -l]: + a period of tcn ( l0 ) da1,s thcre-of'. 'fhcre shall bc no order as to COSTS As a sequel thereto, rnisccllaneous applicalirrrs, il any, pending in thc u rit pctition stancl closed. - -- sD/-,M'JAWAH EEEPPI +s$lsrANr REGISTRAR \\ \-- i' sEcroN oFFtcER U'ban Development t. //TRUE coPY// ,l The Principal Secretary, Ir4unicipal Administration "04 o""rrttlri"5i s;eiariii at Hvdbrabad State of Teldngana Th6 commissionu r, Cr"rte, il]i!1l6la-rr'rrni"lpal cor-prrr ation Ta nk Bund, Hvderabad TtEioEi[r Deputv Collector' Land Acquisition' GHMC Hvderabad' Telanoana State o.nE bt 6 Siiiftnzln AHMED KHAN' Advocate [oPUI]r one cc to SRt G MADHUi;5HAi'l'iiEDdv, s_+gR oirMo toPUCl ^. . rwo CCs to GP FoR nacpil"rjfvrrl'a'Uaanrl DEV' High Court for the State oiieLngrn, atHYderabad [oUT] Two CD CoPies To 1 2 J 4 5 f) 7 PSK. PSK )F/ HIGH COURT DATED:01 11212025 I ORDER WP.No.36520 of 2025 CC TODAY .1l r ;1 c ..q( ^,N' ) o ,J r!) \ ',9xi .,a 1' '-,:., 6 'c <a )r + DISPOSING OF THE WRIT PETITION WITHOUT COSTS , 1i: @,, T v lu