THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.25939 of 2009 Between:
Mohammad Babar PETITIONER AND
1. The Commissioner & Special Officer, GHMC, Tarnaka, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondents in not paying compensation to the petitioner for the house bearing No.8-2-238 situated at Ward No.89, Block No.F, Ameerpet, Hyderabad as illegal, arbitrary, without jurisdiction and violative of Articles 14 and 300-A of the Constitution of India and consequently the petitioner is seeking a direction to the respondents to initiate proceedings for payment of compensation to the petitioner for the said property under the Land Acquisition Act, 1894 (for short, ‘the Act’).
2. Heard Sri G. Thirupathi Reddy, learned counsel for the petitioner, learned Government Pleader for Land Acquisition and Sri R. Radha Krishna Reddy, learned Standing counsel for GHMC.
3. According to the petitioner herein, he owned a house bearing No.8-2-238, admeasuring 143 Sq. yards situated at Ward No.89, Block No.F, Ameerpet, Hyderabad, having acquired the same along with his brother under a registered sale deed vide Doc.No.2422/1977 dated 26.08.1977 and a gift deed vide Doc.No.825/1977, dated 14.03.1977. The petitioner avers in the writ affidavit that the Government of A.P., represented by the 3rd respondent herein, acquired a part of his building in 2006-07 to an extent of 62 sq. yards for the purpose of road widening from Punjagutta to Maitrivanam Junction. It is pleaded in the writ affidavit that even though the respondent herein paid compensation for the structures, for the lands no compensation has been paid so far.
4. Today when the matter is taken up, the learned Government Pleader has placed on record the instructions received from the Special Grade Deputy Collector, Land Acquisition (GHMC) HMR, Hyderabad to the effect that the matter is under scrutiny and the follow up action under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 will be initiated soon after receiving Rules and further orders from the Government.
5. During the course of arguments it is also brought to the notice of this Court by the learned counsel for the petitioner that in identical circumstances, this Court in W.P.No.20610 if 2009 passed order dated 22.01.2014 directing the respondents to consider the case of the petitioners for payment of compensation under Section 147 of the GHMC Act to the extent of the land and building affected for the purpose of road widening.
6. In view of the above reasons and instructions obtained from the Special Grade Deputy Collector, and having regard to the orders of this Court in W.P.No.20610 of 2009, this writ petition is disposed of directing the respondents herein to take action for payment of compensation to the petitioners herein by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and this exercise shall be concluded within a period of four months from the date of receipt of a copy of this order. No order as to costs.
JUSTICE A.V. SESHA SAI.
15th April, 2014 Js.