Disposed

Hameed Pasha v. The State of Telangana

Telangana HC18 Jun 2021WP/13574/2021

Case brief

AI extract

What is this about?

Privy Council disposed of a writ petition challenging an attempted demolition for road widening. The court directed the petitioner to file a representation under the Land Acquisition Act, 2013, for compensation consideration rather than hearing the merits.

What did the court decide?

Directed to file a representation under Section 37(2) of RFLA 2013 within two weeks for compensation consideration; to apply under Section 64 for enhancement if unsatisfied.

Hameed Pasha Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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Between:

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WRIT PETITION NO:^'l 3574 0F 2021

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Hameed Pasha, S/o. Late Abdul about 41years, Occ. Bussiness, R/o 19-4-279/S/33,^Ghani Saleheen^Pasha Colony,^Aged N. S. Kunnta, Hyd-500053.

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AND

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.,.PETITIONER

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1 The State of Telangana, [eO. bV its Principal Secretary, Municipal Administration and Urban Development, Secretariat at B.R.K.R. Bhavan, Hydeirabad.

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2 The State of Telangana, Rep. by its Principal Secretary, Revenue Department LLand_Acquisition)^{Secretariat Buildings, 5th Floor, BRkRBhavan, NH 44, Hill} Fort, Adarsh Nagar, Hyderabad, Telangana-500063.

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3 The State of Telangana, 8up, by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings,Sth Floor, BRKR Bhavan, Hyderabad,^" Telangana-500063.

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4 Qpqter^{Hyderabadl,4unicipal Corporation(GHlt/C), Rep. by its Commissioner,} CC Complex, Tankbund Road, Hyderabad. The District Collector, (LA), Hyderabad District, Telanqana.

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6 The Spl. Dy. C_ollecto(LA), cHIMC CC Complex, Tankbund Road, Hyderabad. 7 The Revenue Divisional Officer (LA)(RDO), Hyderabad District , Telahgana. () Mandal Revenue Officer, Hyderabad lVlandal,^'Hydera bad District, Tela-ngana.

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.,.RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Nlandamus, declaring the action of the Respondents in illegally acquiring petitioners property without giving compensation, rehabilitation and resettlement as applicable, for the alleged road widening purpose from Aramghar to Zoo Park (Bhadurpura) Junction for construction of 6 Lane Grade Separator (flyover) proposed 1S0.0 to 200.00 wrde road Hyderabad, thereby depriving the Petitioner of rightful compensation, rehabilitation and resettlement as illegal,, arbitrary and in violaiion of the Constitution under Articles 1 4, 31A and 300-4, and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and consequently to direct the respondents to pay compensation to the petitioner according to the present markef value in accordance with Act, 30 of 2013, and also to grant reasonable time to vacate the said premisesi property.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceeding including demolition of the schedule property i.e., admeasuring

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"100.44 Sq.Yds, Municipal bearing No.19-2-179t2, Opp^{Zoo Park'Bhadurpura'} AttapurVillage,RajendranagarMandal,RangaReddyDiStrict,Telangana,pending disposal of the above^WritPetition

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Counsel for the Petitioner^{: SRI MOHD. BASEER RIYAZ} counsel for the Respondent^{No.1: GP FOR MUNICIPAL ADMINISTRATION AND} URBAN DEVELOPMENT I Counsel for the^{Respondent Nos.2,5,6 and 7: GP FOR LANdACQUISITION} Counsel for the Respondent^{No.3: GP FOR ROADSAND BUILDINGS} CounselfortheRespondentNo.4:SRIPASHAMKRISHNAREDDY'SCFOR GHMC

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Counsel for the Respondent^{No.8: GP FOR REVENUE}

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The Court at the stage^{of admissionmade the following:ORDER}

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THE HON'BLE^SRI JUSTICE^{A'ABHISHEKREDDY}

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WRIT PETITIO^{N No.73574 of 2021}

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ORDER:

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Heard the^{learned counsel for the} Petitioner'^{the learned} Government^{Pleader for Municipal Administration and Urban} Development^{for respondent No.1, the learnedGovemmentPleader} for Lancl Acquisition^{for respondent Nos'2, 5' 6 and 7' the learned} Government^{Pleaderfor Roadsand Buildings for respondent No'3'} Sri Pasham Krishna^{Reddy,the learned Standing Counsel for GHMC} for respondent^{No'4, and the learned Government Pleader for} Revenue for^{respondent No.8. With their consent' the Writ Petition} is disposed^{of at the stageof admissionitself'}

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This writ petition^{is filed challenging the action of the} respondents in trying^{to demolish the petitioner's proPertyfor the} purpose of road^{widening fromAramghar to Zoo Park (Bhadurpura)} Junction,^{withoutpayingcompensation and without follorving the} provisions of^{the Right to Fair Compensation and Transparency in} Land Acquisition,^{Rehabilitation and Resettlement Act' 2013 (Ior} short,^'the Act').

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ThelearnedGovernmentPleaderforLandAcquisitionhas stated that^{notice dated 26.03'202lissued underSection 37(2)of the} Act was servecl^{on the} Petitioner,^{and after that the Award was} passed. In case,^{the petitioner is so advised'he can approachthe} comPetent^{authority and file a representationbefore the authorities} concerned^{alongwith ali relevant documentsin supportof his c-laim}

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and in case the official^{respondentsare satisfiedwith the title of the} petitioner, they wiil pay^{the compensationamountln casethe} petitioner is not satisfied^{with the quantum of comPensation amount} awarded by the^{Land Acquisitionofficer, the petitioneris free to file} an application under^{Section 64 of the Act seeking enhancementof} the compensation^{or for any other reason.}

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In view of the above^{madesubmissions,the writ petition is} disposed of directing the^{petitionerto approachthe competent} authority and file a^{rePresentation along with all necessary} documents in support of^{his claim, within a period of two weeks} from today. On such^{representationbeing filed, the official} respondents shall consider^{the same and in casethey are satisfied} with the title of the petitioner,^{they shall} Pay^{compensationamount} to the petitioner. In case the^{petitioner is not satisfied with the} quantum of the compensation amount^{awardedby the Land} Acquisition Officer, he shall file an^{application under Section64 of} the Act seeking enhancement of the^{compensation and the same shall} be referred to the competent^{authority for consideration.}

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Miscellaneous petitions pending in^{this writ petition,if any,}

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shall stand closed. There shall be no^{orderas to costs.}

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Sd/.B.SATYAVATHI ASSISTANT^REGISTRAR

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,TRUE COPY'

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SECTION OFFICER

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To.'^-'', . Thu Principal Secretary, Municipal Administration^{and Urban Development'} State of Tetangrnu,^{bltt"t,i"[ it e'n x n' Bh.avanHvderabad}

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1. The Principar^{se"r"tJilirl"i"i'"'o1p-J'trnent^(t anoA6ouisition)' State of} relanoana. s".|."tu|11ib'uiiiiiigilslh"Fl"oi-BRkR^{Bhavan' NH44' Hill Fort'} Adars'h Nagar,^{Hyderabad.Te langana-5uuuo'l'}

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1. The^{principar secretar{."i;rJ.} {a *lOings^{Deoartment.state of Telangana.} secretariat^{euitoingsl din Fro6i, enxn B.naia1. rivderabad, Telanqana-500063}

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1. The Commissioner,^{ciJltli ivl"i'badMunicipal'Corporation (GHMC)'CC} Comptex, Tankbund^{Road, Hyderabad.} -. ,^.

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s ine biitiict^{Collector. (LA), Hyderabad District' Telanoana'} d iiiE gbl:oi"c;ii;;i;?iil'i,^{cilfib, cc co,Jr"' ranibundRoadHvderabad}

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7o TheMandal Revenue Officer, Kevenue Divisional OffH yderabad icer (LA)(RDO), [Vlandal,HyderaHyde bad District bad District, Telangana., Telangana. s One CC to Sri Mohd Base er Riyaz, Advocate loPUCl

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1 0.Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT]

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1 1. One CC to Sri Paiham Krishna Reddy, SC for GHMC, Advocate tOpUCl 12.Two ccs to GP for Municipal Adminis'tration and urban Development, High court for the State of Telangana at Hyderabad. [OUT]

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