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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
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 same. The writ petitioners subsequently have filed amendment applications claiming for such other reliefs and as the said reliefs are ancillary reliefs emanating from the main prayer, the said application was allowed.
2. The brief facts of the case are that, the ancestors of the petitioners have been living in Bhimraobada Slum (Nampally) for the last more than 60
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.
The court ruled that eviction of Scheduled Tribe individuals from their homes in scheduled areas, based on illegal proceedings, violates the Land Transfer Regulation.
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