HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION Nos.34896, 34898, 34922, 34945, 34957, 34958 and 35178 of 2014

COMMON ORDER

The prayer sought for in all the Writ Petitions is one and the same, i.e., to issue a Writ of Mandamus directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over their respective properties situated at Nampally Cross Roads, Hyderabad, in any manner, except by following due process of law, and further, not to dispossess the petitioners from their respective properties except by acquiring the same and by paying compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act.

2. Since the issue involved in all these Writ Petitions is common, all the Writ Petitions are heard together and are being disposed of by common order.

3. Heard Sri Vedula Srinivas, learned senior counsel appearing for petitioners, and Sri M.Arun Kumar, learned Standing Counsel for respondents-GHMC.

4. Learned senior counsel appearing for the petitioners submitted that the petitioners are the owners of their respective properties situated at Nampally Cross Roads, Hyderabad, having purchased the same under registered sale deeds, and they have been in peaceful possession and enjoyment of the same. He further submitted that the respondents-GHMC are interfering with the possession of the subject properties by the petitioners without following due process as contemplated under law. He further submitted that in fact, the respondents-GHMC issued notices dated 19.11.2012 to the petitioners calling upon them to produce the ownership documents of their respective properties and further intimating them that their properties would be affected in the proposed road widening from Ekminar junction to Bazarghatt junction including Slip road/Ekminar junction improvement. Learned senior counsel further submitted that the respondents have not initiated any proceedings for acquisition of the respective properties of the petitioners and have straightaway issued notices to the petitioners to produce the ownership documents, which is contrary to the settled principle of law. By contending thus, learned senior counsel submitted that if the respective properties of the petitioners are required for the proposed road widening, the respondents-GHMC may be directed to follow due process of law for acquisition and prayed to allow the Writ Petitions.

5. Learned Standing Counsel for respondents-GHMC submitted that if the respective properties of the petitioners are required for the proposed road widening, the respondents would initiate appropriate proceedings for acquisition of same in accordance with law.

6. Right to property is a constitutional right and no person shall be deprived of his/her property, however, the Government can acquire private property if the same is required for public purpose(s), by following due legal process.

7. In view of the same and recording the submissions of the learned Standing Counsel for respondents-GHMC, these Writ Petitions are disposed of, directing the respondents-GHMC not to interfere with the respective properties of the petitioners except in accordance with the procedure contemplated under law.

8. Miscellaneous petitions pending, if any, shall stand closed.

No costs.

___________________________________

LAXMI NARAYANA ALISHETTY, J Date:15.10.2025 dr