Smt. Chalasani Rajani v. The State of Telangana
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-09-28. Smt. Chalasani Rajani v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION NO: 16435 OF 2020 Between: Smt. Chalasani Rajani, W/o. Srinivasa Rao, aged 52 years, Rlo. 21, Rachel Lane, Township, New Jersey-0883'1 by her llonloe , U. S. A, rep. G. P. A Holder Ch. Satyanarayana, S/o. late Seetharamaswamy, aged 74 yeais, Fyo. Flat No. 305, Sai Bala. ji Apartments, Satavahana Nagar, Eluru, W. G. District ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad 2. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tankbund Road, Hyderabad J. The Commissioner, Greater Municipal Corporation of Hyderabad, Tankbund Road, Hyderabad 4. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Circle-20, Serilingampally, Hyderabad ...
RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the cir:curhstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents in forcing the petitioner to deliver possession of her land in an extent of 233. 33 Sq. Yds in Plot No. 4 situated in Sy. No. 6(P) of Kondapur village, Serilingampally Mandal, Ranga Reddy District, for the purpose of proposed road widening from Botanical Garden to Kondapur RTA Office (via Kothaguda Cross Roads), without following the due process of law under the provisions of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, vide Lr. No. KG/RW. SRDP/ACP/C-2OlGHIVC/2020 dated 18. 05. 2020, as illegal, arbilraty and violative of the provisions of Article 300-4 of the Constitution of lndia.
lA NO: 1 OF 2020 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 grant stay of dispossession of the petitioners from her land in an extent of 233. 33 Sq. Yds in Plot No. 4 situated in Sy. No. 6(P) of Kondapur village, Serilingampally Mandal, Ranga Reddy District, for thr: purpose of proposed road widening from Eotanical Garnden to Kondapur RTA Offir:e (via Kothaguda Cross Roads), withorl following the due procedure under the Right to Fair Compensation, Transparency' in Land Acquisition, Rehabilitation and Rersettlement Act, 2013. lA NO: 2 OF 2020 '1 Petition under Siection 51 CPC praying that in the circunrs;tances stated in the affidavit filed in suppc rt of the petition, the High Court may be p eased to permit the petitioner to file the letter Lr. No. KG/RW. SRDP/ACP/C-20lGl1MCl2020 dated 19. 05. 2020 as additicrnal material paper. Counsel for the Peti :ioner: SRI D.
KRISHNA MURTHY Counsel for the Res condent No. 1: GP FOR MUNICIPAL ADMII{ S'IRATION AND URBAN DEVELOPMEN'T Counsel for the Rescondent Nos. 2 to 4: SRI SAMPATH PRABHAT(AR REDDY, S. C. FOR GHMC The Court made the {,rllowing: ORDER HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 16435 OF 2O2O ORDER: This writ petition is filed challenging the action of the respondents in forcing the petitioner to deliver possession of her land to an extent of 233. 33 Sq. Yards in Plot No. 4, situated in Sy. No. 6(P) of Kondapur Vi11age, Serilingampally Mandal, Ranga Reddy District, for the purpose of proposed road widening from botanical Gardens to Kondapur RTA Office (via Kothaguda Cross Roads), r,vithout follou,ing the due process of law under the provisions of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short'lhe Act, 2013')vide letter dated 19. 05. 2020.
Learned Counsel for the petitioner submits that the ' petitioner was issued notice dated 01. 10. 2019 to give consent for handing over possession of the subject land for which the petitioner filed reply dated 18. 11. 2019 stating that she is not willing to give consent and thereafter the respondent authorities have to initiate land acquisition proceedings. But, without considering the same, again present impugned notice dated 19 . OS. 2020 is issued asking the petitioner to surrender the subject land. Aggrieved by the same, present writ petition is fi1ed. Heard Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Corporation who submits that already land acquisition proceedings are initiated and notification is issued under the Act, 20 13 in respect ofthe subject property When once the petitioner has not given cons,:nt for handing over possession of the subject land by filing reply dated 18. 11. 2019 to the notice dated Ol. lO.
2Ol9, ,lLe respondents should have l:rllowed due procedure for acquiring tht: subject land under the pr,rvisions of Act, 2013 instead of again issuing present notice. Since . h,: learned Standing Counsel lor respondent Corporation submits that already notification under the Act, 20 13 is issued, thr: ri rit petition is disposed of directing the respondent Corporation rrot to dispossess the petitioner fronr th,: subject land without follorving procedure envisaged under tfLe r\ct, 2O 13. No order as to c,l sts. As a sequel thereto, miscellaneous applir:arions, if any, pending sha l stand dismissed. ]SE}/. I. NAGALAKSHMI ASiSiISTANT REGISTRAR coPY/i 'rRUE sEcrUN oFFtcER To, Crepartment, State of 1. The Principal Secretary, Municipal Administration Telanoana. S;ecretariat Buildinqs, Hvderabad Tankbund Road, 2. The C"omniissioner, Greater ttyOerdOaO Municipal Corpc'r;rti':n, Hvderabad Tankbund 3.
Tlie Commissioner, Greater Municipal Corporation of ly'derabad, Road, Hyderabad Corporation, Circle-20, 4. The 2oial Commissioner, Greater Hyderabad Municipal Serilingampal ly, Hyderabad 5. One CC to Sr'-D. Krishna lr/urthy, Advocate [OPUC] O. Two CCs to GP for Municipal Administration and Urban [)t;vt:lopment, High Court for the State of Telangana. [OUT] 7. One CC to Sri Sampa-th Prabnaf-ar Reddy, S. C. for GHMC IOPUC] B. Two CD Copies. IVP \. \- HIGH COURT DATE D : 28 I 09 I i:,r-Ctz0 E SIA I€ 1 $ I I v z ocl2ffl0 (i 0I 9^ \ 'tr ORDER \ * -c\ D Fs p. q-r C\ WP. No,16435 of 2020 DISPOSING C)F THE WRIT PETITION WITHOUT COSTS *t$ o
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