Acquisition of property requires mutual agreement between owner and authorities, following the due process outlined in the Land Acquisition Act.

ORDER :

LAXMI NARAYANA ALISHETTY, J.

1. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the respondents in not awarding compensation to the petitioners’ for dispossessing them from their land admeasuring 195.5 square yards forming part of premises on southern side, bearing municipal Nos.8-2-236 to 8-2-238, situated at St. Mary Road, Secunderabad, vide notice dated nil-01-2003 bearing No.1/RW/SMR/CZ/SD/2003, without following the procedure prescribed under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(for brevity ‘RFCTLARR Act, 2013’), as illegal and arbitrary and for consequential relief.

2. Heard Sri Vivek Jain learned Senior Counsel for the petitioners and Sri G. Madhusudhan Reddy learned Standing Counsel for GHMC.

3. The case of the petitioners, briefly stated, as narrated in the writ affidavit, is that petitioner Nos.1 and 2, along with their brother E. Raju, purchased southern portion of the property bearing Municipal Nos.8-2-236 to 8-2-238, situated at St. Mary Road, Secunderabad, under a registered sale deed, dated 10.12.1989, bearing Document No.378 of 1989, from one Cheekoti Visweswar Rao and two others. Upon the death of their brother, Petitioner Nos.1 and 2, being his only legal heirs, succeeded to their brother’s one-third undivided share and thus became absolute owners of the said portion of the property. Petitioner Nos.3, 4, and 5 are the owners of the remaining northern portion of the same property admeasuring 132 square yards, having purchased it under a registered sale deed bearing document No.343/1989 dated 10.12.1989.

3.1. While so, the respondent authorities issued a letter dated nil–01.2003 informing the petitioners that in connection with the proposed road widening of St. Mary Road from Clock Tower to Secunderabad Railway Station, an extent of 277 square yards of the petitioners’ property is being affected. It was proposed to the extend benefits under G.O.Ms.No.483, Municipal Administration, dated 24.08.1998, for re-development of the balance land and insofar as the structures are concerned, the compensation was quantified as Rs.1,51,416/-.

3.2. Aggrieved thereby, Petitioner Nos.1 and 3, along with other affected plot owners filed W.P.No.6577 of 2003 challenging the action of the respondents in demolishing without following due process of law. By order dated 21.04.2003, this Court disposed of the said Writ Petition directing the parties therein to maintain status quo as on that day.

3.3. Subsequently, the respondents issued notices dated 11.08.2005 and 23.08.2005 intimating their intention to acquire the petitioners’ property for road widening, however, the petitioners have not given their consent for such road widening. Challenging the said action, the petitioners filed W.P.No.19137 of 2005, contending that the respondents sought to demolish the structures without giving 60 days notice, without hearing objections, and without payment of compensation for land and structures. The said writ petition was disposed of, vide order dated 06.09.2005, leaving it open to the respondents to acquire the land for road widening either under Sections 145 and 147 of the HMC Act, 1955, or by initiating proceedings under the Land Acquisition Act, 1894. Despite the said orders, the respondent authorities demolished the structures existing in the subject property on 23.08.2005, after serving notice on the petitioners on the same day at about 6:00 p.m. Thereafter, by letter dated 20.12.2005, the respondent authorities intimated the petitioners that the structures had been taken over for r