HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26890 OF 2016 ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of respondents No.2 and 3 in acquiring their land admeasuring 553.66 square yards bearing premises No.19-4-418/1 to 7, Bahadurpura, Hyderabad for road widening purpose from Muslim Jung Bridge to Mir Alam Filter without paying any compensation, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Sankalp Pissay, learned counsel, representing Mr. Vijay Pissay, learned counsel for the petitioners; Mr. Raparthi Venkatesh, learned Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the material on record.

3. During the pendency of this writ petition the sole petitioner died and he is represented by petitioners No.2 and 3 as his legal heirs. It is stated that petitioner No.1 was the owner of the subject property having purchased the same under a registered sale deed. The property was acquired by the respondent authorities for the purpose of road widening from Muslim Jung Bridge to Mir Alam Filter in the year 1982 but petitioner No.1 was not paid any compensation. Petitioner No.1 submitted several representations to respondents No.2 and 3 including the representation dated 08.02.2013. Based on such representation, the Tahasildar submitted a report vide file No.509/ACP/RW/SZ/GHMC/ 2013 which was obtained by petitioner No.1 under the Right to Information Act, 2005. It is submitted that the neighbours of petitioner No.1 who have lost their land in the road widening have been awarded compensation. However, petitioner No.1 was not paid any compensation and he was made to run from pillar to post by the respondent authorities. As there is inaction on the part of the respondents in paying compensation to the petitioners, they are constrained to approach this Court.

4. In the counter affidavit filed by respondent No.2, it is stated that petitioner No.1 submitted application dated 08.02.2013 for payment of compensation for the portion of the subject property affected in road widening. The proposals for payment of compensation was submitted to the Deputy Inspector of Survey (DIOS) in which it has been reported that the road widening work has been completed and taken possession of the property bearing premises No.19-4-418/1 to 7 admeasuring 316 square yards falls in T.S. No.6, Ward No.228, Block No.1, Bahadurpura Village and Mandal and laid the road but the property was not acquired in file No.A/925/2007 and it is a private land. It is further stated that the road widening stretch i.e. Muslim Jung Bridge to Mir Alam Filter is not tailed with road widening case of ‘Gulzar House to Bandi-Ka-Adda’ in file No.A/928/2007. It is submitted that on verification of the records of old file No.A/808/83, it was traced out that the subject property falls in T.S. No.36, Block-D, Ward No.240, Bahadurpura Village and relates to Muslim Jung Bridge to Miralam. That a note has been submitted to the GHMC vide file No.509/ACP/CP/RW/SZ/GHMC/2013 requesting for sanction of funds towards payment of compensation to the affected property as the MCH has taken up for road widening in file No.A/808/1983 dated 31.12.1984 and the same had been transferred to record section of Urban Development Authority and the concerned file is required to finalize the payment of compensation. The Special Deputy Collector, Land Acquisition (LA), GHMC has confirmed that the land in question has been taken by the GHMC and requested to put up fresh file for payment of compensation. It is stated that compensation towards the affected property has not been paid to the petitioners due to lack of coordination between the sections and the departments concerned.

5. In view of the categorical admission in the counter affidavit of respondent No.2 that the subject property of petitioner No.1 was acquired for road widening purpose and request was made for sanction of funds towards payment of compensation, this w