IMPORTANT POINT
IMPORTANT POINT
The court emphasized the necessity of due process and a joint survey before any demolition actions can be taken regarding disputed land ownership.

ORDER :

(Anil Kumar Jukanti, J.) :

This writ petition is filed seeking the following relief :

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly that of Respondent Nos.1 and 2 authorities in conducting actions of demolition by itself without following due process of law as illegal, arbitrary unconstitutional and ultra vires various enactments and consequently direct the Respondent Nos.1 and 2 not to conduct any actions with respect of the Petitioner’s land admeasuring 12,114.408 sq. yds in Sy.No.153/part Ameenpur Village, Sangareddy District and pass such other order or orders...”

2. Heard Mr. A.Venkatesh, learned Senior Counsel, representing Mr. N.Naveen Kumar, learned counsel for petitioner, Mr. K.Ravinder Reddy, learned Standing Counsel for the Hyderabad Disaster Response and Assets Monitoring and Protection Hyderabad, (HYDRAA) for respondent Nos.1 and 2, learned Assistant Government Pleader for Revenue for respondent Nos.4, 6 and 8, Mr. V.Narasimha Goud, learned Standing Counsel for Hyderabad Metropolitan Development Authority (HMDA) for respondent No.9.

3. Brief facts:

Petitioner claims to be the absolute owner and possessor of land admeasuring 12,114.408 sq. yards in Sy.No.153/part in Ameenpur Village, Sanga Reddy District (hereinafter referred to as “subject property”). The subject property was purchased vide sale deed bearing No.22631 of 2022, dated 16.05.2022, from Munoth Private Trust and subsequent release deed, dated 29.06.2024. Petitioner, having obtained necessary approvals and clearance from competent authorities, converted the subject property to residential zone for development purposes. Building permission was granted by HMDA (respondent No.9) on 29.09.2023 for construction of apartment complex, after mortgaging substantial portion of the subject property.

3.1 It is further the case of petitioner that two of the plot owners in the abutting layout filed O.S.No.367 of 2022 on the file of Senior Civil Judge, Sanga Reddy District, seeking perpetual injunction against the petitioner for interfering with the possession of plots belonging to them. Members of abutting layout i.e., Venkataramana Colony Welfare Association, filed W.P.No.2804 of 2024 and the said writ petition is pending for adjudication.

3.2 Grievance of petitioner is that respondent authorities visited the subject property of petitioner on 14.09.2024 and entered into the premises alleging that subject property is falling under Sy.No.152 and that petitioner is making constructions in the said survey number by encroaching into land (i.e., park area). It is further averred that on 25.09.2024, authorities of respondent Nos.1 and 2 visited the subject property and threatened that they would demolish the project on the basis of complaints made by some third parties.

3.4 It is the case of petitioner that respondent Nos.1 and 2, on the basis of complaints, are interfering with the subject property and threatening to demolish the constructions, which are ongoing, after obtaining due permission(s) from the respective authorities. The action of respondent Nos.1 and 2, along with other official respondents, is in contravention of the law and in violation of Articles 21 and 300-A of the Constitution of India.

4. Learned Senior Counsel for petitioner submitted that petitioner is the absolute owner of land admeasuring 12,114.408 sq. yards in Sy.No.153/part of Ameenpur Village, Sangareddy Distrtict. Petitioner, having purchased the subject property vide sale deed, dated 16.05.2022, and having obtained permission from the authorities, is constructing residential flats in the subject property. It is further submitted that officials of respondent Nos.1 and 2, having received the complaints from third parties, have visited the subject property on 14.09.2024 and 25.09.2024 and threatened to demolish the construction activities being undertaken by petitioner on the ground that