HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.10806 of 2019

ORDER:

This writ petition is filed seeking following relief:

“To declare the action of respondents in forcibly occupying the property admeasuring 62.94 square yards for road widening by demolishing the structures in premises No.6-3- 349/28, road No.1, Banjara Hills, Hyderabad and not initiating proceedings under Land Acquisition Act by following procedure under Section 147 of GHMC Act for payment of compensation, as illegal and arbitrary.”

2. Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners and Sri M. Arun Kumar, learned Standing counsel for respondent Nos.2 to 5.

3. Learned counsel for the petitioners would submit that petitioners are the absolute owners of the house property bearing Nos.6-3-349/28/2/A and 6-3-349/28/2, admeasuring 586 square yards, situated at Panjagutta, Hyderabad, having purchased the same under different registered sale deeds bearing document Nos.87 of 1992 dated 04.01.1992, 1862 of 1995 dated 23.03.1995, 1861 of 1995 dated 29.03.1995, 126 of 1992 dated 18.01.1992 and 88 of 1992 dated 04.01.1992. He further submitted that in the year 2007, respondent corporation has proposed to widen service road for fly over at Road No.1, Banjara Hills, Hyderabad and addressed a letter dated 07.06.2007 to the petitioners informing to hand over an extent of 62.94 square yards for the said service road; that petitioners submitted a representation dated 21.08.2007 to respondent No.2, as they have not given consent for handing over the land free of cost to the respondents. While the matter stood thus, respondent No.4 addressed a letter dated 19.12.2007 to respondent No.5, to initiate land acquisition proceedings for acquiring the land of petitioners to an extent of 62.94 square yards, however, respondents without following the procedure and without acquiring the same in terms of Sections 146 and 147 of GHMC Act.

4. He further submitted that respondents are obligated to follow due procedure before taking up road widening project by duly acquiring the respective lands of the petitioners and paying compensation. However, respondents in clear violation of settled principle of law, laid the road and hence, he prayed to allow this writ petition and to direct the respondents to acquire the subject land and pay compensation.

5. Learned Standing counsel for respondent Nos.2 to 5, by referring to counter, would submit that respondent corporation has addressed a letter dated 07.06.2007 to the petitioners to surrender an extent of 62.94 square yards for road widening and service road for flyover and further informed the petitioners to avail concessions as prescribed by the Government in G.O.Ms.No.483 MA dated 24.09.1998 in lieu thereof. He further submitted that petitioners have addressed a letter dated 21.08.2007, stating that they are ready to surrender their respective property for road widening, subject to condition of payment of compensation for structural value and land value as per the market value, otherwise, if they are permitted to construct an extra floor over existing 4^th floor in the existing building, they are ready to surrender the land free of cost. He further submitted that the respondent corporation has addressed a letter dated 19.12.2007 to the Special Deputy Collector, Land Acquisition/respondent No.5, to initiate proceedings for acquisition of the said land, but no further steps have been taken.

6. Admittedly, respondents have undertaken construction of flyover and an extent of 62.94 square yards belonging to the petitioners was affected in the road widening, however, neither the subject land has been acquired nor any compensation is paid to the petitioners for the land affected in the road widening. Right to property is constitutional right under Article 300-A of the Constitution of India and no person shall be deprived of property without payment of just compensation. State is empowered to acquire any land/property for pu