HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.6010 OF 2002 Dt.24.9.2010 Between: Syed Azam ..Petitioner And The Commissioner, Municipal Corporation of Hyderabad, Hyderabad and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.6010 OF 2002 ORDER: After the death of the petitioner, his legal heirs were brought on record. It is the case of the petitioner that the petitioners are entitled for payment of compensation of a sum of Rs.2,50,000/- towards the balance compensation for the land admeasuring 131.74 sq.yards and structural area admeasuring 1185.62 sq.feets and also another bit of land admeasuring 89.45 sq.yards and structural area 17 ½ x 45 equivalent to 805 sq.feets in the house bearing Nos.2-3-513 to 520 situated at Bagh Amberpet, Hyderabad. It is stated that the petitioner was the absolute owner of house bearing Nos.2-3-513 to 520 and 2-3-521 to 528 situated at Bagh Amberpet, Hyderabad. The respondent Municipal Corporation authorities proposed to widen the road from E.S.I Hospital to M.C.H. Limits, Amberpet, Hyderabad, and in pursuance of the letter dated 7.2.1994 requested the petitioner to attend the meeting on 10.2.1994 at Circle No.3, Barkatpura, Hyderabad, and the petitioner has given no objection to acquire the land by the respondents for road widening and requested to pay compensation for the affected land and structures and the respondents have agreed to pay the compensation. The petitioner has given a letter dated 20.8.1997 to the 1st respondent stating that he has lost the land admeasuring 442.36 sq.yards equivalent to 3981.25 sq.feets in the open land and 131.74 sq.yards and structural area admeasuring 1185.62 sq.feets in House bearing Nos.2- 3-513 to 520 and 89.45 sq.yards and structural area admeasuring 805 sq.feets in house bearing Nos.2-3-513 to 520 and 305.28 sq.yards and structural area admeasuring 2747.5 sq.feets in house bearing Nos.2-3-521 to 528. Thus, it is stated that the total structural area affected in the road widening is 4738.12 sq.feets and the land admeasuring 968.81 sq.yards and the petitioner is entitled for compensation for the said land as well as structures. The respondents have paid an amount of Rs.3,92,550/- vide cheque Nos.483833, 483838 and 483835 dated 8.7.1997 for Rs.56,520/-, Rs.65,111/- and Rs.2,71,919/- respectively towards part payment of compensation of the land admeasuring 442.36 sq.yards and the petitioner is liable for the balance compensation of Rs.2,50,000/- and the same has not been paid. It is stated that the petitioner is entitled for total compensation of Rs.6,42,550/- and out of which an amount of Rs.3,92,550/- was alone paid leaving the balance of Rs.2,50,000/-. Though he has issued legal notice and requested several times, the same has not been paid. Respondents 1 and 3 filed counters stating that the respondent Corporation agreed to pay the compensation for the structures and also the land value at the rate of Rs.169/- per sq.yard as per guidelines of the Special Officer, Municipal Corporation of Hyderbad, vide circular No.Rc.No.116/TP/SD/85, dated 4.11.1985, and the compensation for the structure as well as the land as per the negotiations held between the Corporation and the property holders was paid vide different cheques for the said amount of Rs.3,92,500/- towards compensation for the structure as well as land. The contention of the petitioner that he is entitled for the balance compensation of Rs.2,50,000/- is disputed and stated that having received the entire compensation for the land and structure without any protest or demur cannot now be permitted to state that he has received part consideration alone. It is stated that petitioner has received the compensation and got constructed a compound wall having not claimed any balance compensation at the relevant point of time, the petitioner has filed this writ petition with an ulterior motive as if the Corporation is due and payable certain amount. Heard the learned counsel appearing for the respective parties and perused the records. It is not in dispute that certain land and structures of the petitioner have been acquired for the purpose of road widening of road and compensation was also paid vide File No.108/TP/W2/RW/97 as well as File No.110/TP/W2/RW/97 in respect of the property of the petitioner bearing House No.2-3- 512 to 529 and open land. The file No.110/TP/W2/RW/97 relates to the super structure standing on the premises No.2-3- 512, 2-3-513 to 520 situated at Amberpet admeasuring 300.88 sq.yards and compensation amount (Rs.56,520 + Rs.65,111) was agreed mutually for the super structures standing on the site in full and final settlement of the claim to the market value of the super structure. File No.108/TP/W2/RW/97 relates to payment of compensation of Rs.2,71,919/- towards the super structure standing on the premises bearing No.2-3-521 to 529 and open land situated at Amberpet admeasuring 616.38 sq.yards and the said amount was received in full quite of all his claim to the market value of the super structures on the said property. The petitioner was also executed general power of attorney on 13.8.1997 stating that he has delivered possession of the said land and super structures in favour of the Municipal Corporation of Hyderabad. In view of the said undisputed document admitting receipt of Rs.3,92,550/- towards the value of the land as well as super structures, it cannot be said that the petitioner has not received the land value to an extent of Ac.616.38 sq.yards as well as 300.88 sq.yards. Therefore, I am of the opinion that the petitioner having received the entire compensation as per the agreement pursuant to negotiations initiated in 1994 and the petitioner executed general power of attorney in 1997 filed the writ petition in 2002 after five years. The various extents of the land was also effected in the road widening and the particulars given against the property of the petitioner bearing H.Nos.2-3- 513 to 529 at Sl.Nos.56 and 59 which goes to show that for the land area of 1837.50 and 577.50 the land value of Rs.2,71,919/- and structure area of 334.44 the value of Rs.56,520/- and for the structure area of 385.27 the value of Rs.65,111/- was also paid. Therefore, it cannot be said that the petitioner has not received any compensation for the land value. The writ petition is without any merit and the same is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH, J. 24.9.2010 Note: Issue copy within one week B.O. kpr