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1999 Supreme(AP) 120

S.V.MARUTHI
B. S. JOHN – Appellant
Versus
PRL. SECRETARY, HOUSING, MUNICIPAL ADMN. , Government Of A. P. , HYDERABAD – Respondent


S. V. MARUTHI, J.

( 1 ) THE petitioner is the owner of 342 sq. yds. covered by house No. 5-9-204, chirag Ali Lane, Hyderabad. Originally the house and the land belonged to one Matilde-Englar, she bequeathed the said property to the Dichpally management Committee under a will dt. 23-1-1943. On her death the Dichpally management Committee has become the owner of the property and resolved to sell the property by resolution dt. 1-2-1971. Accordingly, it was sold in 1972 in favour of the petitioner. Ever since he has been in possession of the property, while so 50 yards of this property was acquired by the Collector and on 25-8-1989 an award was passed in favour of the petitioner. However, g. O. Ms. No. 51, M. A. dt. 5-2-1996 was issued under which an option was given to the owners of the property, whose property was acquired to opt for construction of extra built-up area in lieu of compensation. The petitioner has availed the said option and had not taken the compensation. The petitioner wanted to change the usage of the land from residential to commercial by constructing shops. Therefore, he approached the Municipal Administration and Urban Development Authority. The Urban Development






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