A.Devender Reddy v. State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.3944 of 2019

ORDER

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondents 2 to 4.

2.

This writ petition is filed seeking a writ of mandamus to declare the action of respondents 2 to 4 in interfering with the rights of the petitioners over the property bearing H.No.8-2-618/M, Road No.11, Banjara Hills, Hyderabad, admeasuring 105.11 sq. yards out of the total land admeasuring 360 sq. yards, without following due process of law, as illegal and arbitrary.

3.

Petitioners assert that the 3rd respondent issued notice on 17.12.2018 under Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act") calling upon them to exercise option for acquisition of the affected portion of their property to the GHMC for the purpose of road widening from Road No.01 to Gouri Shankar Nagar (via.Road No.11, Banjara Hills) and for compensation.

4.

The grievance of the petitioners is limited. This Court had repeatedly held that in the event the owner of the property is not willing to avail the benefit under G.O.Ms.No.330 dated 28.12.2017

CKR, J W.P.No.3944 of 2019 by accepting the compensation offered by the GHMC, the respondents shall necessarily follow due procedure prescribed under Section 147 of the Act, which mandates issuance of the notice in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5.

In those circumstances, the Writ Petition is disposed of, directing the respondents to follow the procedure prescribed under Section 147 of the Act and take possession of the property. It is made clear that in the event the petitioners are willing to take compensation in terms of G.O.Ms.No.330 dated 28.12.2017 offered by the GHMC, this order is not applicable to them. No order as to costs.

6.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ CHALLA KODANDA RAM, J 26th February, 2019 sj