The High Court · 2025

Petition Under Article 226 of the Constitution of India 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 more particularly one in nature of Writ of Mandamus declaring the action of Respondents 2 and 3 of acquiring the land of the petitioner to an extent of 553.66 Sq. yards in premises No.19-4-41 8/'l to 7, Bahadurpura, Hyderabad for road widening purpose from Muslim Jung Bridge to tvlir Alam Filter without paying any compensation is illegal, arbitrary and bad in law and consequently direct the respondents 2 and 3 to pay compensation as per the amended Land Acquisition Act of 2013 along with interest, and other benefits to which the petitioner is entitled. l.A.NO:1 OF 2016 (WPMP.NO:33276 oF 2016 Petition Under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 2 & 3 to pay compensation as pe r the amended land acquisition Act, 2013 along with interest, and other benefits to which the petitioner is entitled for the land acquired by them for road widening purpose from Ivluslim Jung Bridge to Mir Alam Filter from the petitioner's propert/ bearing No. 19-4- 41811 to 7, Bahadurpura, Hyderabad to an extent of 553.66 Srl.yards. |.A.NO:1 OF 2023 Petition Under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased that the proposed petitioners be brought on records as Legal ReFresentatives of the deceased petitioner in the above writ petition No. 2689Q of 2016 as petitioners 1and2. Counsel for the Petitioner : SRI SANKALP PISSAY, ADVOCI\ PISSAY \E FOR SRr V|JAY Counsel for the Respondent No.1 : GP FOR MCPL ADMN ANID URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI RAPARTHI VENKATESH, SC FOR GHMC The Court made the following ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WIUT PETITION No.26E90 OF 2016 ORDER:(ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondents No.2 and 3 in acquiring their land admeasuring

553.66 square yards bearing premises No.19-4-418/1 to 7, Bahadurpura, Hyderabad for road widening purpose from Muslim Jung Bridge to Mir Alam Filter without paying any compensation, as being illegal, arbitrary and unconstitutional

2. Heard Mr. Sankalp Pissay, leamed counsel, representing Mr. Vijay Pissay, learned counsel for the petitioners; Mr. Raparthi Venkatesh, leamed Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the material on record.

3. During the pendency of this writ petition the sole petitioner died and he is represented by petitioners No.2 and 3 as his [egal heirs. lt is stated that petitioner No.1 was the owner of the subject property having purchased the same under a registered sale deed. The properly was acquired by the respondent authorities for the purpose of road widening from Muslim Jung Bridge to Mir Alam Filter in the year 1982 but 2 petitioner No. I was not paid any compensation. Petitioner No. I submitted several representations to respondents No.2 and 3 including the representation dated 08.02.2013. Based on such r:presentation, the Tahasildar submitted a report vide file No.509/ACP/RWiSZ/GHMC/ 2013 which was obtained by petitioner No.l un<ler the Right to Information Act, 2005. It is submitted that the neightrours of petitioner No.l who have lost their land in the road widening hrve been awarded compensation. However, petitioner No.1 was not paid any compensation and he was made to run from pillar to post by the respondent authorities. As there is inaction on the part of the respor dents in paying compensation to the petitioners, they are constrained to approach this Court

4. In the counter affidavit filed by respondent No.2, it is stated that petitioner No.1 submitted application dated 08.02.2013 lor payment of compensation for the portion of the subject propert) affected in road widening. The proposals for payment of compensatior. was submitted to the Deputy Inspector of Survey (DIOS) in which it has been reported that the road widening work has been completed and taken possession of the property bearing premises No. 19-4-418/l to 7 admearuring 316 square 3 yards falls in T.S. No.6, Ward No.228, Block No.l, Bahadurpura Village and Mandal and laid the road but the propefty was not acquired in file No.N92512007 andit is a private land. It is funher stated that the road widening stretch i.e. Muslim Jung Bridge to Mir Alam Filter is not tailed with road widening case of 'Gtlzar House to Bandi-Ka-Adda' in file No.A/928/2007. It is submitted that on verification of the records of old fite No.A/808/83, it was traced out that the subject property falls in T.S. No.36, Block-D, Ward No.240, Bahadurpura Village and relates to Muslim Jung Bridge to Miralam. That a note has been submitted to the GTIMC vide f:l,e No.509/ACP/CP,R.WSZ/GHMC/2013 requesting for sanction of funds towards payment of compensafion to the affected propefty as the MCH has taken up for road widening in file No.A/808/1983 dated 31.12.1984 and the same had been ,transfemed to record section of Urban Development Authority and the concemed file is required to finalize the payment of compensation. The Special Deputy I I Collector, Land Acquisition (LA), GHMC has confirmed that the land in question has been taken by the GHMC and requested to put up fresh file for payment of compensation. It is stated that compensation towards the affected property has not been paid to the petitioners due to lack of coordination between the sections and the departments concemed. 4

5. In view of the categorical admission in the coulter affidavit of respondent No.2 that the subject property of petitioner No.l was acquired for road widening purpose and request was made for sanction of funds towards payment of compensation, this writ petition is allowed directing the respondent authorities to initiate the process of accuisition of land of the petitioners by issuing proceedings under the fught to Fair Compensation and Transparency in Land Acquisition, Rt:habilitation and Resettlement Act, 2013 and pay compensation to the petitioners within a period ofthree (3) months from the date ofreceipt ofa ccpy ofthis order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed * ,o/- u. suDHA TANT REGISTRAR ASS //TRUE COPYII To 1 2 3 4 5 o 7 SA PVL SECTION OFFICER 0 The Principar Secretarv. t\ilunicipar Administration, with ()ffice at secretariat, Hyderab;d. -'-"' " "' Saifabad, State of Telangrn, rhe commissioner, Greater Hydeiabad Municipar corpcration, with office at Municipal Complex, Tank Bund, Hyderabad.'-'* -"'' lhe Special Deoutv Collector_cum_Land Acquisition Offk:er, Greater H yd e ra b a d N/ u ri i c i 6 a t c o rno ra ti o n w i t -onicl- a i'n,l r n i"n i p r r co m p re x, Ta n k Bund, Hyderabad.' Twg CCs to GP FOR MCPL ADMN AND URBAN DEVEI.OpMENT, High Court_for the State of Telangana at HyderabrA. fOUii' one cC to SRt VUAY ptSS"Ay, AJro;;i;lolilbl"'' one CC to SRt RApARrHrvENKAfESil,'5ci6n GHrvC, Advocate (opuC) "i Two CD Copies(r HIGH COURT DATED:1510712025 I - -r-=.:=:=:.- - ,,;," e \tt ; '-lIn7.-^ia.. ' ()^-\.. ,,:('" .,i 1E sEP ul6 .- *,/ '-.- St L,rC.AF .'-Z' .!::-_:=-- t... ,/ c ') i. I '). ';.'/v\.* \ ORDER WP.No.26890 of 2016 ALLOWING OF THE W.P WITHOUT COSTS. ( A- 1 \