ORDER :

In both these writ petitions, the subject property is same and issues involved are interrelated, as such, they are being disposed of by this common order.

W.P. No.7056 of 2020 :

2.1. The petitioner is owner of the Flat No.315 of the apartment (residential complex) bearing No.2-2-1089/315 situated at Golnaka, Amberpet, Hyderabad. The apartment comprises of ground + 5 upper floors consisting of 18 flats. The petitioner has purchased the flat in the year 2006. The Greater Hyderabad Municipal Corporation (GHMC) intended to acquire portion of the apartment complex for the purpose of road widening to construct a flyover. The petitioner contended that he was not issued any notice as prescribed under Section 146 of the Hyderabad Municipal Corporation Act 1955 (for short ‘HMC Act’). None of the flat owners have given consent for acquisition of the land under Section 146 of the HMC Act. As consent was not given, the acquisition should have been done by the respondents under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (for short ‘LARR Act 2013’).

2.2. It is contended by the petitioner that there is violation of Section 12 of the LARR Act 2013. The respondents have neither conducted survey nor revised the value of the affected land and structures as required under the provisions of the LARR Act 2013. The petitioner’s flat is a double bedroom accommodation admeasuring 1100 square feet. According to the petitioner, approximately about 50% of the flat area along with the land admeasuring 13.97 square yards is coming under acquisition.

2.3. W.P. No.37643 of 2018 has been filed by the petitioner challenging acquisition proceedings wherein interim orders were passed on 12.10.2018. Public Notice vide Ref.No.AA/60/2016 dated 20.02.2019 was issued inviting claims and interest from the concerned persons and date of award enquiry was fixed on 20.03.2019. It is stated that the petitioner and others attended the meeting, however, the officials concerned were absent on that date. Subsequently award enquiry was conducted. Grievance of the petitioner is that if only a portion of the flat is acquired, the remaining portion would become useless, as such, directions may be issued to the respondents to acquire the entire flat area of 1100 square feet. Compensation of Rs.22,24,625/- was determined towards structures and land (part of the petitioner’s flat). The land value is fixed at Rs.38,000/-per square yard which comes to Rs.5,30,860/- (Rs.38,000/- per square yard x 13.97 square yards), structures are valued at Rs.5,10,681/-, solatium is determined at the rate of 100% (Rs.10,41,541/-) and 12% additional market value (Rs.1,41,543-27 paise). The petitioner was issued notice under Section 38(1) of the LARR Act 2013 demanding that he should handover possession of the land with structures attached to it by the evening of 22.02.2020. Hence, this writ petition.

3. Heard Mrs. J. Sumathi, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development, and Mr. Pasham Krishna Reddy, learned Standing Counsel for GHMC, and perused the material on record.

4.1. The learned counsel for the petitioner has submitted that though several grounds / objections have been raised challenging acquisition proceedings, in case, this Court grants relief in terms of Section 94 of the LARR Act 2013, the petitioner would not press for the other grounds:

4.2. Section 94 of the LARR Act 2013 reads as under :

“94. Acquisition of part of house or building.– (1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:

Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building wi