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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
A. Deva Rajan S/o Late Anthony Swamy – Appellant
Versus
Government of Andhra Pradesh repby the Principal – Respondent
| Table of Content |
|---|
| 1. legality of ghmc's cancellation of prior orders. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding jurisdiction and authority under the act. (Para 7 , 8 , 9 , 10) |
| 3. discussion on the act's provisions regarding slum areas. (Para 11 , 12 , 13 , 14 , 15) |
| 4. clarification on authority under the act for slum declarations. (Para 16 , 19 , 20) |
| 5. procedural compliance required for the competent authority. (Para 21 , 22 , 23) |
| 6. final order directing compliance with procedural requirements. (Para 28 , 29) |
ORDER :
K. LAKSHMAN, J.
Heard Mr. K.Sreenivas, learned counsel for the petitioners in W.P.No.7088 of 2008; Mr. Vedula Venkataramana, learned Senior Counsel representing M/s. Bharadwaj Associates appearing for unofficial respondents No.7 to 25 in W.P.No.7088 of 2008 and petitioners in C.C.No.180 of 2021; and Mr. G.Madhusudan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents No.2 to 5 in W.P.No.7088 of 2008 and respondents in C.C.No.180 of 2021.
2. The writ petition is filed to declare the action of 2nd respondent/GHMC in cancelling the orders of the 3rd respondent / The Additional Commissioner (Development), GHMC, vide proceeding
The authority to declare slum areas must adhere to the jurisdiction defined under the Andhra Pradesh Slum Improvement Act, and any actions taken outside this authority are deemed illegal.
The court established that the absence of a Section 3C declaration does not prevent the execution of slum rehabilitation schemes, and the delegation of eviction authority to the Tahsildar was valid.
Point of law: Co operative society - Encroachment of Land - Right to fair compensation - Concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certa....
The main legal point established in the judgment is that once land is acquired by the State Government under the Maharashtra Slum Areas Act, it vests absolutely in the State Government free from all ....
The court upheld the authority of the Slum Rehabilitation Authority to issue eviction notices under the Slum Act, affirming that redevelopment of censused slums does not require separate notification....
The government cannot de-notify land after possession is taken under the Slum Act without due process and must provide compensation to landowners.
De-notification of lands acquired under the Slum Act without compensation is illegal under constitutional law, highlighting the state's obligation to ensure basic living standards and property rights....
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