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2015 Supreme(AP) 149

KALYAN JYOTI SENGUPTA, SANJAY KUMAR
Church of South India Trust Association – Appellant
Versus
Commissioner and Special Officer, Greater Hyderabad Municipal Corporation – Respondent


Advocates Appeared:
For the Appellant: Samson Babu
For the Respondent:Special Government Pleader attached to learned Advocate General (TG), R1, R2, A. Deepthi, SC for GHMC, R3, G. P. for Municipal Admn. & Urban Development (TG).

Judgment :-

Kalyan Jyoti Sengupta, J.

By order dated 10.02.2015, we observed that the acquisition of the property from the petitioner/appellant was not in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955. We thought that damages and compensation for the property taken over by the Hyderabad Municipal Corporation is the appropriate relief to be granted and that with the mechanism of arbitration, the same could be resolved and as such, we granted time to the parties to have a consensus with regard to arbitration under the provisions of the Arbitration and Conciliation Act, 1996.

The learned Special Government Pleader attached to the Advocate General, appearing for the Hyderabad Municipal Corporation, submits on instructions that his client is not willing to go for arbitration. Under the circumstances, we have given up the idea of resolving the issue through the mechanism of arbitration.

This writ appeal has been filed against the judgment and order of the learned Single Judge dated 09th March, 2011. The writ petition was filed for issuance of a writ of mandamus directing that the valuation of the petitioner’s land vide Annexure 4 is insufficient, ill



















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