IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.Nos. 4259, 4292, 4571, 4572, 4598, 4631, 4632, 4658, 4659, 5110, 5118 and 5134 of 2008 WRIT PETITION No : 4259 of 2008 Between: Subhadra Kothari, W/o. Prakash Kothari, R/o. H.No. 6-3-912/II, Kapadia Lane, Somajiguda, Hyderabad. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District, at Khairatabad, Hyderabad. 2 Special Grade Deputy Collector & Revenue Divisional Officer, Chevella Division, Ranga Reddy District. 3 The National Highway Authority, Castle Hills, Masab Tank, Hyderabad, Rep by its Technical Manager, Sri A.V. Rao, S/o. not known to the petitioner Aged Major 4 Greater Hyderabad Municipal Corporation, Rep by the Commissioner & Special officer, Tank Bund Road, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to pass an order particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering representation dated 26-10-2007 as arbitrary, illegal, unjust, unfair, unreasonable, malafide, discriminatory and against the principles of natural justice and amounting to violation of articles 14 and 21 of the constitution of India and further directing the Respondents, not to take possession of the property bearing No. 7-4-11/A, covered by survey No. 211 and 212/4, measuring 3,185 square Yards situated at Gagan Pahad Village, Rajendra Nagar Mandal, Ranga Reddy District or part thereof without acquiring the land by following the due process of law. Counsel for the Petitioner : Sri S. Balchand Counsel for Respondent Nos. 1 & 2: GP for Revenue Counsel for respondent No.4 : Sri R. Ramachandra Reddy WRIT PETITION No : 4292 of 2008 Between: Rohit Kothari, S/o. Swarupchand Kothari, R/o. H.No. 3-6-136/1/4, Street No. 18, Himayathnagar, Hyderabad. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District, at Khairatabad, Hyderabad. 2 Special Grade Deputy Collector & Revenue Divisional Officer, Chevella Division, Ranga Reddy District. 3 The National Highway Authority, Castle Hills, Masab Tank, Hyderabad, Rep by its Technical Manager, Sri A.V. Rao, S/o. not known to the petitioner Aged Major 4 Greater Hyderabad Municipal Corporation, Rep by the Commissioner & Special officer, Tank Bund Road, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to pass an order particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering representation dated 26-10-2007 as arbitrary, illegal, unjust, unfair, unreasonable, malafide, discriminatory and against the principles of natural justice and amounting to violation of articles 14 and 21 of the constitution of India and further directing the Respondents, not to take possession of the property bearing No. 7-4-11/A, covered by survey No. 211 and 212/4, measuring 3,095 square Yards situated at Gagan Pahad Village, Rajendra Nagar Mandal, Ranga Reddy District or part thereof without acquiring the land by following the due process of law. Counsel for the Petitioner : Sri S. Balchand Counsel for Respondent Nos. 1 & 2: GP for Revenue Counsel for respondent No.4 : Sri R. Ramachandra Reddy WRIT PETITION No : 4571 of 2008 Between: Mohd Merajuddin S/o. Md. Ruknuddin R/o. H.No.8-4-550/50, Natrajnagar, Erragadda, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund, Hyderabad. 2 Asst.City Planner, Circle.V, Greater Hyderabad Municipal Corporation, Khairathabad, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, Order or direction more particularly in the nature of MANDAMUS declaring the notice issued by respondent No.2 dated 25-1-2008 bearing No.1038/RW/W8/ACP5/2008 to hand over advance possession to the extent of 92.5 sq.yds of the house bearing Door No.8-4-550/50, situated at Natrajnagar, Erragadda, Hyderabad out of 101 sq.yds without following the procedure contemplated under Sec.149, 147 of the Hyderabad Municipal Corporation Act, 1955 read with the procedure contemplated under Land Acquisition Act of 1894 as being illegal, arbitrary, capricious, and malafide. Counsel for the Petitioner : Sri Syed Shareef Ahmed Counsel for Respondent Nos.1 & 2: Smt. Kalpana Ekbote WRIT PETITION No : 4572 of 2008 Between: Smt.Kamilesh Bala W/o. Kailash Chand, R/o.H.No.8-4-550/29& 30, Natranagar,(Yousfguda) Erragada,Hyd ..... PETITIONER AND 1 G.H.M.C Rep.by its Commissioner, Tank Bund, Hyderabad 2 Asst. City Planner Circle V, Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly in the nature of Mandamus declaring the notice issued by respondent No.2 dt.25-1-2008 bearing No.1038/RW/W8/ACP5/2008 to hand over advance possession to the extent of 173.77 Sq.yds of the house bearing Door No.8-4-550/29&30, situated at Natrajnagar (Yousufguda) Erragadda, Hyderabad out of 202 sq.yds without following the procedure contemplated under Sec.146,147 of the Hyderabad Municipal Corporation Act 1955 read with the procedure contemplated under Land Acquisition Act 1894 as being illegal, arbitrary, capricious and malafide. Counsel for the Petitioner : Sri Syed Shareef Ahmed Counsel for Respondent Nos.1 & 2: Smt. Kalpana Ekbote WRIT PETITION No : 4598 of 2008 Between: Nanda Lal Sarda S/o. Late Jainarayana Sarda R/o. H.No.19-4-8, Hashimabad Village, Bandlaguda Mandal, Hyderabad District. ..... PETITIONER AND The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation Office of the Asst. Planner, Town Planning Section, Circle No.V, Sardarmahal, Charminar, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more especially one in the nature of Writ of Mandamus to set aside the impugned proceeding vide Lr.Nos.3 / RW / ACP / C5 / GHMC / 2008 dated 24.01.2008 to the extent of relaxation and additional FSI in lieu of land value and declare the same as arbitrary the respondent to pay compensation for the effected portion of land for road widening as per the current market value in addition to the compensation for affected structure, before handing over the possession. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for the Respondent : Smt. Kalpana Ekbote WRIT PETITION No : 4631 of 2008 Between: M/s.Srinath Oil Industries, having its Regd.office premises Bearing No.19-4-8/1,Hashimabad village Bandlaguda Mandal,Hyderabad District rep.by its partner Sri Kachrulal sarda ..... PETITIONER AND The Commissioner & Special officer, Greater Hyderabad Municipal Corporation, office of the Asst.City Planner Town Planning Section, Circle No.V, Sardarmahal Charminar, Hyderabad .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more especially impugned proceeding vide Lr.No.4/RW/ACP/C5/GHMC./2008 dated 24.1.2008 to the extent of relaxation and additional FSI in lieu of land value and declare the same as arbitrary, illegal, contrary to the HMC Act, 1995 and consequently direct the respondent to pay compensation for the effected portion of land for road widening as per the current market value in addition to the compensation for affected structure before handing over the possession. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for the Respondent : Smt. Kalpana Ekbote WRIT PETITION No : 4632 of 2008 Between: Smt. S. Jagadamba, W/o. Late S. Sathi Reddy, R/o. H.No. 6-1-22/A, Shivarampalli Village, N.P.A- Post, Hyderabad - 500 052. ..... PETITIONER AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation office of the Deputy Commissioner Town Planning Section, Circle No. VI, Ranga Reddy Circle, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad. 3 The Executive Engineer, Roads & Buildings Department, City Roads Division, A.C. Guards, Hyderabad - 500 004. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction more especially one in the nature of Writ of Mandamus to declare the action of the Respondents in not initiating land acquisition proceedings before disposing the Petitioner from the subject land situated at Sy.No. 82, Mailardevpally Village, GHMC, Hyderabad and removing the barbed wire fending of the subject lands belonging to the petitioner towards road side, is illegal, arbitrary and contrary to Sec. 146 or 147 of HMC Act 1955 and consequently direct the Respondents to not to disposes the Petitioner from the subject lands without initiating the land acquisition proceedings. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for Respondent Nos.1 & 2 : Smt. Kalpana Ekbote WRIT PETITION No : 4658 of 2008 Between: 1 Rajgopal S/o. late Hukmichand Bhangadia, R/o. Premises Bearing No.8-4-101/A, Mailardevpally village, Rajendra Nagar Mandal, Ranga Reddy District. 2 Satyanarayana S/o. late Hukmichand Bhangadia, R/o. Premises Bearing No.8-4-101/A, Mailardevpally village Rajendra Nagar Mandal, Ranga Reddy District. ..... PETITIONERS AND The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation Office of the Deputy Commissioner, Town Planning Section, Circle No.VI Ranga reddy Circle, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more especially one in the nature of Writ of Mandamus to set aside the impugned proceeding vide Lr.No. 05/ RW / ACP / CVI / GHMC / 2008 dated 19.02.2008 to the extent of relaxation and additional FSI in lieu of land value and declare the same as arbitrary, illegal, contrary to the HMC Act, 1995 and consequently direct the respondent to pay compensation for the effected portion of land for road widening as per the current market value to the compensation for affected structure, before handing over the possession. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for the respondent : Sri R. Ramachandra Reddy WRIT PETITION NO : 4659 of 2008 Between: M/s. Maheswari Oil Industries Pvt. Ltd., Having its regd. Office Premises Bearing No.8-4-101, Mailardevpally Village, Rajendra Nagar Mandal, Ranga Reddy District. Rep. by its Director Sri Sanjay Lahoti. ..... PETITIONER AND The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Office of the Deputy Commissioner, Town Planning Section, Circle-VI, Ranga Reddy Circle, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more especially one in the nature of writ of mandamus to set aside the impugned proceedings vide Lr.No.O4/RW/ACP/CVI/GHMC/2008 dated 19.02.2008 to the extent of relaxation and additional FSI in lieu of land value and declare the same as arbitrary, illegal, contrary to the HMC Act, 1995 and consequently direct the respondent to pay compensation for the effected portion of land for road widening as per the current market value in addition to the compensation for affected structure, before handing over the possession. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for the respondent : Sri R. Ramachandra Reddy WRIT PETITION No : 5110 of 2008 Between: 1 G. Mohan Reddy, S/o. Late G. Krishna Reddy R/o. H.No.6-1-22, Shivarampally Village, NPA Post, Hyderabad-500052. 2 Uma Mohan Reddy, W/o. G. Mohan Reddy, R/o. H.No.6-1-22, Shivarampally Village, NPA Post, Hyderabad-500052. ..... PETITIONERS AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Office of the Deputy Commissioner, Town Planning Section, Circle No.VI, Ranga Reddy Circle, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation Tankbund, Hyderabad. 3 The Executive Engineer, Roads & Building Department, City Roads Division, A.C. Guards, Hyderabad - 500 004. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more specially one in the nature of Mandamus to declare the action of the respondents in not initiating land acquisition proceedings before disposing the petitioners from the subject lands situated at Sy.No. 83 in Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District subject lands belonging to the petitioner towards road side, is illegal, arbitrary and contrary to Sec.146 or 147 of HMC Act 1955 and consequently direct the respondents not to disposes the petitioners from the subject lands without initiating the land acquisition proceedings. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for Respondent Nos.1 & 2: Smt. Kalpana Ekbote WRIT PETITION No : 5118 of 2008 Between: 1 Uma Mohan Reddy, W/o. G. Mohan Reddy, R/o. H.No.6-1-22, Shivarampally Village, NPA Post, Hyderabad-500052. 2 G. Ashwin Reddy S/o. G. Mohan Reddy, R/o. H.No.6-1-22, Shivarampally Village, NPA Post, Hyderabad-500052. ..... PETITIONERS AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Office of the Deputy Commissioner, Town Planning Section, Circle No.VI, Ranga Reddy Circle, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation Tankbund, Hyderabad. 3 The Executive Engineer, Roads & Building Department, City Roads Division, A.C. Guards, Hyderabad - 500 004. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more specially one in the nature of Mandamus to declare the action of the respondents in not initiating land acquisition proceedings before disposing the petitioners from the subject lands situated at Sy.No. 81 in Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District subject lands belonging to the petitioner towards road side, is illegal, arbitrary and contrary to Sec.146 or 147 of HMC Act 1955 and consequently direct the respondents not to disposes the petitioners from the subject lands without initiating the land acquisition proceedings. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for Respondent Nos.1 & 2: Smt. Kalpana Ekbote WRIT PETITION No : 5134 of 2008 Between: Sri Ponna Reddy, S/o. Sri Late Laxma Reddy, R/o. H.No. 8-3-23, Mailardevpally Village, Keshavagiri Post, Hyderabad - 500 005. ..... PETITIONER AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Office of the Deputy Commissioner, Town Planning Section, Circle No. VI, Ranga Reddy Circle, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad. 3 The Executive Engineer, Roads & Buildings Department, City Roads Division, A.C. Guards, Hyderabad - 500 004. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more especially one in the nature of Writ of Mandamus to declare the action of the Respondents in not initiating land acquisition proceedings before disposing the petitioner from the subject lands situated at Sy.Nos. 113 and 114, Mailardevpally Village, GHMC, Hyderabad and removing the barded wire fencing of the subject lands belonging to the petitioner towards road wire fencing of the subject lands belonging to the petitioner towards road side, is illegal, arbitrary and contrary to Sec. 146 or 147 of HMC Act 1955 and consequently direct the respondents to not to disposes the petitioner from the subject lands without initiating the land acquisition proceedings. Counsel for the Petitioner : Sri B. Chandrasen Reddy Counsel for Respondent Nos.1& 2: Smt. Kalpana Ekbote The Court made the following COMMON ORDER: In all [aphc1]these cases, the grievance of the petitioners is that the respondent-Greater Hyderabad Municipal Corporation has been seeking to acquire [aphc2]land for the purpose of inner ring road project to provide connectivity to the International Air Port, without invoking the provisions of the Land Acquisition Act, 1894 and that the respondent- Corporation has been offering meager amounts as compensation for the land sought to be taken possession of by them. It is further asserted that the value offered by the Corporation is, in fact, less than the value prevailing for the land as also the value fixed by the revenue establishment of the State Government and, hence, the petitioners are not interested in agreeing to receive the compensation offered by the respondent-Corporation and deliver possession of the land. It is needless to observe that the Municipal Corporation cannot take possession of the property owned by the citizens without recourse to law. The respondents are, therefore, directed to follow the procedure laid down in the Land Acquisition Act and acquire the land in question and without adopting such a procedure, it should not insist upon the petitioners to part with the possession of the land. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 11th March 2008 ksld [aphc1] [aphc2]