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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Erraboina Madhu – Appellant
Versus
State Of Telangana, Reptd., By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. property ownership and dispossession context (Para 1 , 3) |
| 2. arguments regarding compensation and process (Para 4 , 5) |
| 3. interpretation of ghmc act provisions (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. mandatory consensus for property acquisition (Para 13) |
| 5. disposal of writ petition with further instructions (Para 14 , 15) |
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 petit
Acquisition of property requires mutual agreement between owner and authorities, following the due process outlined in the Land Acquisition Act.
Land acquisition without mutual consent violates the statutory requirements, necessitating due process and compensation under the L.A. Act.
The constitutional right to property requires compliance with legal procedures for acquisition, emphasizing that no valid transaction occurs without proper consent and compensation mechanisms.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandates payment of compensation for acquired land, and owners cannot be deprived of the....
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