The constitutional right to property requires compliance with legal procedures for acquisition, emphasizing that no valid transaction occurs without proper consent and compensation mechanisms.

ORDER :

K. Lakshman, J.

Heard Mr. A.Venkatesh, learned Senior Counsel representing Ms. L.Vani, learned counsel appearing on behalf of the petitioner and Mr.Raparthi Venkatesh, learned Standing Counsel for GHMC appearing on behalf of the respondent No.2.

2. The writ petition is filed to declare the action of the respondent No.2 in paying meager compensation amount for the petitioner’s land admeasuring 936 Sq. Yards out of 1560 Sq. yards in Sy.No.93/A of Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District against the consent of the petitioner and against the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the GHMC Act, 1955’) as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’) as being illegal, arbitrary, unjust, against the Article 21 and 300-A of the Constitution of India.

CONTENTIONS OF THE PETITONER:-

3. Originally, the entire land admeasuring Ac.2.30 guntas situated in Sy.No.93 of Mailardevpally Village, Rajendranagar Mandal, Rangareddy District belonging to one Mr.A.Shankaraiah S/o.Narayana and his name was also mutated in the revenue records including Khasra Pahani of the year 1954-55. Pattadar passbooks and title deed were also issued in his favour. The said A.Shankaraiah along with his sons sold the land admeasuring Ac.1.37 guntas out of Ac.2.30 guntas to Mr. M.Veerappa and Mr.M.Veda Prakash under registered sale deed bearing Document No.7950 of 1980 dated 25.07.2080. Therefore, left over land was Ac.0.33 guntas.

4. After the demise of A.Shankaraiah, his legal heirs have succeeded the subject property. Their names were also mutated in the revenue records and they were also issued pattadar passbooks. The petitioner purchased the land admeasuring 1560 Sq. Yards in Sy.No.93 of Mailardevpally Village, Rajendranagar Mandal, Rangareddy District (hereinafter referred to as “subject property”) from the legal heirs of A.Shankaraiah under a registered sale deed bearing document No.6211 of 2015, dated 11.08.2015. He is in continuous and uninterrupted possession of the subject property.

5. The Member of Legislative Assembly of Rajendranagar Constituency, sought the subject land for the purpose of conducting Bathukamma festival and other cultural programmes for the locals. He persuaded the petitioner to handover the land to the 2^nd respondent assuring him the payment of compensation. On the said persuasion, the petitioner agreed to give subject property provided that the 2^nd respondent pays twice the market value prevailing as on that date and accordingly, under pressure and persuasion, issued a consent letter dated 06.11.2017 seeking an amount of Rs.8,000/- per square yard which is twice the prevailing market value as compensation. The 2^nd respondent assured the petitioner that the comp