S.Pratap Reddy S/O S.K. Chenna Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.43077 of 2015 Date:04.01.2016 Between:

S.Pratap Reddy, S/o S.K.Chenna Reddy and six others.

..... Petitioners And:

The State of Telangana, reptd., by its Principal Secretary, Land Acquisition, Hyderabad and three others.

.....Respondents Counsel for the Petitioners: Mr. P.Sri Raghu Ram For Mr. P.Sri Ram Counsel for Respondent Nos.1, 3 and 4: GP for Land Acquisition (TS) The Court made the following:

ORDER:

The petitioners, who are the owners of the properties admeasuring 3,505.92 square yards in Survey No.403 correlated to T.S.No.1/1/A, Ward No.9, Block-H, situated at Road Nos.1 and 2, Jubilee Hills, Shaikpet, Hyderabad, filed this Writ Petition on apprehension that the respondents may utilise their properties for construction of multi-level Flyover without following due process of law.

The petitioners pleaded that they have received notice, vide Lr.No.25/RW(SRDP)/ACP/C-

10B/GHMC/2015, dated 24.11.2015/1.12.2015, from respondent No.2 under Section-146 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act'), requesting them to hand over possession of the property for construction of multi-level Flyover by receiving the compensation as per the Roads and Buildings Schedule rates or in lieu thereof, receive the land value relaxation and additional F.S.I as per G.O.Ms.No.168, MA, dated 07.04.2012. They further pleaded that on receipt of the impugned notice, they have met the officials concerned and respondent No.2 and informed the latter that they are not willing for parting with their properties without being paid the fair compensation under the Land Acquisition Act as, they are not agreeable for receiving the additional FSI in lieu of the compensation.

As the petitioners apprehend further steps being taken by the respondents without following due process of law, they have filed this Writ Petition. Mr. P.Kesava Rao, learned Standing Counsel for the Greater Hyderabad Municipal Corporation, on instructions, submitted that notice, dated 24.11.2015/1.12.2015 was issued only as a first step for acquiring the land through consent and that respondent No.2 will not proceed further without either settling the issue of compensation with the petitioners under Section146 of the Act or, failing which, acquiring the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In the light of these submissions of the learned Standing Counsel, which are placed on record, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.55531 of 2015 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA

REDDY 04th January, 2016 DR