HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.7088 OF 2008 ALONG WITH CONTEMPT CASE No.180 OF 2021

COMMON ORDER

Heard Mr. K.Sreenivas, learned counsel for the petitioners in W.P.No.7088 of 2008; Mr. Vedula Venkataramana, learned Senior Counsel representing M/s. Bharadwaj Associates appearing for unofficial respondents No.7 to 25 in W.P.No.7088 of 2008 and petitioners in C.C.No.180 of 2021; and Mr. G.Madhusudan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents No.2 to 5 in W.P.No.7088 of 2008 and respondents in C.C.No.180 of 2021.

2. The writ petition is filed to declare the action of 2^nd respondent/GHMC in cancelling the orders of the 3^rd respondent / The Additional Commissioner (Development), GHMC, vide proceedings dated 20.12.2007, as illegal.

3. The petitioners are claiming that they belongs to the lower social strata of the Society and all of them hail from downtrodden sections of the Society. They have been living for more than three decades in Ward No.6 of Block No.6 of Bholakpur Village within the limits of GHMC. The said place is popularly known as ‘Ramaswamy Compound’. It is a slum area. In the meeting dated18.03.1979, 2^nd respondent had taken a decision to list out all the existing slums in the twin cities of Hyderabad and Secunderabad. Accordingly, 2^nd respondent has prepared a statement showing that there are 455 slum areas including the subject property in twin cities. Notes on slums in twin cities was also prepared by Director (UCD), MCH, Hyderabad. Pursuant to the said Notes, authorities have issued a notification No.7 dated 17.02.1983 in terms of Section 3(1) of Andhra Pradesh Slum Improvement (Acquisition of Lands) Act, 1956 (hereinafter referred to as ‘the Act, 1956’) declaring the areas described in the schedule therein as slum areas. It is a private land. Challenging the said notification, owners of the said land i.e. R.Yadagiri and 19 others filed W.P.No.8359 of 1985. Vide order dated 06.08.1985 erstwhile High Court of Andhra Pradesh, dismissed the said writ petition. Feeling aggrieved by the said order, owners of the said land, preferred intra- Court appeal W.A.No.1044 of 1985. Vide order dated 07.04.1986, the said writ appeal was dismissed by the Division Bench. Thereafter, pursuant to the said notification dated 17.02.1983, the petitioners herein were directed to submit representation/objections. They have submitted representations and their consent was also obtained for developing slums under the housing scheme. All the petitioners have given consent. Thereafter, government has issued gazette notification under Section 3(2) of the Act, 1956 dated 12.11.1987. The Revenue Divisional Officer, has also issued D-form pattas to all the petitioners. Some of the unofficial respondents in the present writ petition filed W.P.Nos.238, 239, 14501 of 1988, 3390 and 3478 of 1992 challenging the said gazette notification dated 12.11.1987. Vide common order dated 01.12.1995, erstwhile High Court of Andhra Pradesh, allowed the said writ petitions and quashed the impugned notification dated 24.10.1987, published in the A.P.Gazette dated 12.11.1987 under Section 3(2) of the Act, the transfer of land under Section 4 of the Act therein and the allotment of parcels of land out of the required land are hereby quashed.

4. Feeling aggrieved and dissatisfied with the said common order, the Commissioner, Municipal Corporation preferred intra-Court appeals vide W.A.Nos.795 to 799 of 1996. Vide common order dated 25.07.1996, the Division Bench modified the said order and remanded to the competent authority to proceed with the enquiry from the stage of providing to the petitioners – respondents all relevant information/material upon which it is decided that there is a case to proceed under Section 3 of the Act in respect of the subject land. The said order attained finality.

5. In compliance with the said order of the Division Bench, erstwhile Municipal Corporation has completed