Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
K.Bharathi W/o K.Babu Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
Key Points: - The court held that eviction without due process violated fundamental rights and ordered compensation and housing provisions. (!) (!) - The Government was directed to allot 2BHK apartments to petitioners at Kollur village, Patancheruvu Mandal, Sanga Reddy District, with undivided land share and necessary amenities. (!) (!) (!) - The Government must complete allotment within two months and conduct a lottery in the petitioners’ presence under oversight. (!) - Provisions for legal heirs of deceased petitioners to receive flats and for others similarly situated to apply within 30 days, with District Collector verifying and allotting. (!) (!) - If any non-party similarly situated persons seek relief, they may file applications within 30 days and be allotted flats as well. (!) - Restrictions on transfer/alienation of the allotted flats for five years, with right of alienation after five years. (!) - The District Collector to file a comprehensive report of allotments to the Registrar for placement in the case file. (!)
| Table of Content |
|---|
| 1. petitioners' historical claim in slum. (Para 1 , 2 , 3) |
| 2. government's actions and petitioners' illegal eviction. (Para 4 , 5 , 6) |
| 3. contentions presented by parties. (Para 7 , 8) |
| 4. court's insights on petitioners' claims. (Para 9 , 10 , 11) |
| 5. government's proposal for housing. (Para 12) |
| 6. final order and compliance directions. (Para 13 , 14) |
ORDER:
SUDDALA CHALAPATHI RAO, J.
The instant writ petition is filed declaring G.O.Ms.No.251 Municipal Administration & Urban Development, Housing (HB) F.2 Department, dated 24.03.2008 deleting Bhimraobada Slum from the list of notified slums published in A.P.Gazette No.47 dated 12.12.1991 and 408/A dated 27.09.2005 respectively in directing the 3rd respondent (District Collector, Hyderabad) to accommodate the writ petitioners in already constructed houses under JNNURM Scheme, as arbitrary, Illegal, without authority of law, without application of law, in colourable exercise of power, without jurisdiction and ultra-vires the provisions of Slum Improvement (Acquisition of Land) Act 1956 and inviolation of petitioners fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and to set aside the s
Eviction of slum dwellers without due process violates fundamental rights, necessitating compensation and adequate housing provisions for affected individuals.
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
Court upheld the status of petitioners as slum dwellers under the Slum Rehabilitation Scheme, denying claims for larger commercial premises due to expired lease rights and unauthorized expansions, em....
Long-term possession of public land does not confer legal ownership; statutory frameworks for rehabilitation must be followed, emphasizing rights to fair processes in eviction under constitutional la....
The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.
The court emphasized the need to consider the living conditions and rights of the slum dwellers and directed the respondents to allot the plots to the petitioners after verifying their documents and ....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
