Telangana High Court
Greenlands,Hyderabad, And 4 Otrs. vs The Ghmc.,Hyderabad, And 4 Otrs. on 12 January, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY, THE THIRD DAY OF JANUARY,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WP .Nos: 30, 32 AND 35 of 2014
WP .No: 30 of 2014
Between:
1 Greenlands Ameerpet Madhuranagar Yusufguda
SriKrishna Nagar Joint Action Committee,
Regd Off: 6-3-864/4, Ameerpet, Hyderabad - 16,
Rep. by its Secretary, Sri. Raj Gopal Bung, R/o. 20-1-469,
Old Kabootharkhana, Hyderabad - 064
2 M.T. Shamshir Ali, S/o. Late Mir Hashim Ali
3 Tara Chand Jain S/o. Manak Chand Jain
4 A. Ramulamma, W/o. A.Narasimhulu
..... Petitioners
AND
1 The Greater Hyderabad Municipal Corporation, Hyderabad, Rep. by its
Commissioner, GHMC Buildings, Lower Tank Bund, Hyderabad.
2 The Special Grade Deputy Collector, Land Acquisition, Metro Rail
Project,
GHMC, Hyderabad.
3 The Hyderabad Metro Rail Limited, A State owned Public Enterprise of
Government of A.P., Metro Rail Bhavan, Saifabad, Hyderabad,
Rep. by its Managing Director.
4 The Government of Andhra Pradesh, Dept. of Municipal Administration
and
Urban Development, Rep. by its Principal Secretary, Secretariat
Buildings,
Hyderabad.
5 The District Collector, Hyderabad District.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ order or direction, one more particularly in the nature
of "Writ of Mandamus" declaring the action of the Respondents in undertaking
the proceedings of land acquisition by issuance of the impugned notification
under Section 4(1) of the Land Acquisition Act, vide Notification
No.B/653/2010 dated 25.11.2013 issued by the 5th Respondent and the
consequential conduct of enquiry under Section 5-A of the Land Acquisition
Act, 1894 vide notification dated 27.11.2013 issued by the 1st Respondent as
arbitrary and illegal, offending Article 14 and 300A of the Constitution of India
also being in violation of orders passed in W.P.No.532 of 2012 and
W.A.No.414 of 2012 and to consequentially quash the same.
WP .No: 32 of 2014
Between:
1 Greenlands Ameerpet Madhuranagar Yusufguda
SriKrishna Nagar Joint Action Committee,
Regd Off: 6-3-864/4, Ameerpet, Hyderabad - 16,
Rep. by its Secretary, Sri. Raj Gopal Bung, R/o. 20-1-469,
Old Kabootharkhana, Hyderabad - 064.
2 Dr. P. Janardhan Reddy, S/o. P.Chinnappa Reddy,
3 Dr. Y. Pandurangam, S/o. Late. Balranjan,
4 M. Rajeshwar Gupta, S/o.Late.M.Pandaiah Gupta,
5 Chennakesavulu
..... Petitioners
AND
1 The Greater Hyderabad Municipal Corporation, Hyderabad, Rep. by its
Commissioner, GHMC Buildings, Lower Tank Bund, Hyderabad.
2 The Special Grade Deputy Collector, Land Acquisition, Metro Rail
Project,
GHMC, Hyderabad.
3 The Hyderabad Metro Rail Limited, A State owned Public Enterprise of
Government of A.P., Metro Rail Bhavan, Saifabad, Hyderabad,
Rep. by its Managing Director.
4 The Government of Andhra Pradesh, Dept. of Municipal Administration
and
Urban Development, Rep. by its Principal Secretary, Secretariat
Buildings,
Hyderabad.
5 The District Collector, Hyderabad District.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ order or direction, one more particularly in the nature
of "Writ of Mandamus" declaring the action of the 5th Respondent in
undertaking the proceedings of land acquisition by issuance of the impugned
notification under Section 4(1) of the Land Acquisition Act, vide Notification
No.B/675/2010 dated 12.12.2013 instructing/directing Respondent Nos.1 & 2
to initiate acquisition proceedings as under Section 4 (1) & (2) of the Act,
1894 of the premises/land/properties mentioned in the common notice
Lr.No.B/675/2010 dated 12.12.2013 for public purpose of widening of road
from Saradhi Studios to Road No.5, Jubilee Hills to via Madhura Nagar,
Yousufguda and Sri Krishna Nagar to proposed 100 feet wide road - Metro
Rail corridor- Ill situated at Yellareddyguda village, Khairatabad mandal of
Hyderabad District and the consequential conduct of enquiry under Section
5-A of the Land Acquisition Act, 1894 as arbitrary and illegal, offending Article
14 and 300A of the Constitution of India also being in violation of orders
passed in W.P.No.532 of 2012 and W.A.No.414 of 2012 and to
consequentially quash the same.
WP .No: 35 of 2014
Between:
1 Greenlands Ameerpet Madhuranagar
Yusufguda SriKrishna Nagar Joint Action Committee,
Regd Off: 6-3-864/4, Ameerpet, Hyderabad - 16,
Rep. by its Secretary, Sri. Raj Gopal Bung, R/o. 20-1-469,
Old Kabootharkhana, Hyderabad - 064.
2 Zaver Chand, S/o. Lakhashi
3 Kishore Patel, S/o. Narsinh Patel
4 M/s. Loginn Complex, Authorised Rep & Owner,
Sri.Ashok Sirwani, Occ: Business, R/o. 6-3-803/1, Ameerpet,
Hyderabad.
5 Mahmood Masarathulla, S/o. Karamatthula Khan
..... Petitioners
AND
1 The Greater Hyderabad Municipal Corporation, Hyderabad, Rep. by its
Commissioner, GHMC Buildings, Lower Tank Bund, Hyderabad
2 The Special Grade Deputy Collector, Land Acquisition, Metro Rail
Project,
GHMC, Hyderabad.
3 The Hyderabad Metro Rail Limited, A State owned Public Enterprise of
Government of A.P., Metro Rail Bhavan, Saifabad, Hyderabad,
Rep. by its Managing Director.
4 The Government of Andhra Pradesh, Dept. of Municipal Administration
and
Urban Development, Rep. by its Principal Secretary, Secretariat
Buildings,
Hyderabad.
5 The District Collector, Hyderabad District.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ order or direction, one more particularly in the nature
of "Writ of Mandamus" declaring the action of the 5th Respondent in
undertaking the proceedings of land acquisition by issuance of the impugned
notification under Section 4(1) of the Land Acquisition Act, vide Notification
No.C3/2232/2013 dated 26.12.2013 instructing/directing Respondent Nos.1 &
2 to initiate acquisition proceedings as under Section 4 (1) & (2) of the Act,
1894 of the premises/land/properties mentioned in the common notice
No.C3/2232/ 2013 dated 26.12.2013 for public purpose of widening of road
under curves and bends from Greenlands junction to Ameerpet junction to
proposed 100 feet wide road for Corridor-III for Metro Rail Project situate at
Ameerpet village and mandal of Hyderabad District as arbitrary and illegal,
offending Article 14 and 300A of the Constitution of India also being in
violation of orders passed in W.P.No.532 of 2012 and W.A.No.414 of 2012
and to consequentially quash the same.
These petitions coming on for hearing, upon perusing the Petitions and
the affidavits filed herein and upon hearing the arguments of Sri D.V.S.
Srirama Murthy, learned Senior Counsel rep. Sri N. Ashwani Kumar,
Advocate for the Petitioners in the above writ petitions and the learned
Advocate General on behalf of the Respondents, the Court made the
following
ORDER:
Residents or owners of Sri Krishna Nagar, Madhuranagar, Yusufguda and Ameerpet areas of Hyderabad were formed into a joint action committee. The joint action committee and the residents of both the areas earlier instituted W.P.No.532 of 2012 challenging the changing alignment in the areas represented by them Corridor 3 of HMR Project concerning Nagole to Shilparamam. By detailed order, this Court declared the proceedings as vitiated and allowed the writ petition. Aggrieved thereby, the Hyderabad Metro Rail Limited filed Writ Appeal No.414 of 2012. On 27.04.2012, the following order is passed :-
"Discussions are going on between the Hyderabad Metro Rail Limited and the respondents/writ petitioners. It appears that the talks are cordial and there is a possibility of an amicable resolution of the problems.
It is submitted by the learned Advocate General appearing on behalf of Hyderabad Metro Rail Limited that certain works are required to be carried out so that there is no delay in the project.
Accordingly, we permit the Hyderabad Metro Rail Limited to carry out the following works so far as the area of the respondents/writ petitioners is concerned :-
i) Undertaking survey of each properly.
ii) Undertaking soil investigations on the road and evolving design solutions
iii) Ascertaining logistics of machinery and segment trailer movement.
iv) Discussing safety issues with Commissioner of Railway Safety.
Learned Advocate General assures us that no demolition of any sort will take place during this exercise."
This order was modified by an order dated 21.08.2012. The said order reads as under :-
"After hearing the learned counsel for the parties, the order dated 27.04.2012 stands modified granting liberty to the Hyderabad Metro Rail Limited to carry on the work without affecting the existing structures including that of the respondents/writ petitioners.
List on 27.08.2012 for further hearing."
On 25.11.2013 notification under Section 4(1) of the Land Acquisition Act, 1894 was issued expressing the intention to acquire the properties mentioned therein for the purpose of widening the road to 100 feet in Metro Rail Corridor 3. Notice under Section 5-A was issued proposing to hold enquiry. Challenging the notification and the consequential steps taken, this writ petition is instituted by the same Joint Action Committee and few of the residents.
Detail submissions are made by the senior counsel Sri D.V.S.Srirama Murthy on behalf of the petitioners and the learned Advocate General on behalf of the respondents.
Learned senior counsel submits that in view of the earlier judgment in W.P.No.532 of 2012, the land acquisition proceedings are not maintainable and therefore, he prays to stay all further proceedings pending disposal of Writ Appeal No.414 of 2012.
Learned Advocate General submits that at present steps are taken as per the existing road development plan.
Learned Advocate General submits that consequent to Section 4(1) notice, pending disposal of the Writ Appeal, there will not be any demolition of the properties owned by the petitioners and possession also will not be taken and all the objections of the petitioners that are now raised can be raised before the competent authority during Section 5-A enquiry.
Having regard to the submissions made by the learned senior counsel and learned Advocate General, I am of the opinion that since similar issue is pending before Bench of two learned Judges of this Court, this matter also should be placed before the Bench of two learned Judges along with Writ Appeal No.414 of 2012.
Office is directed to place the matter before the Hon'ble the Chief Justice for appropriate orders.
In the meanwhile, the respondents are at liberty to conduct Section 5-A enquiry by giving reasonable time to the petitioners and also giving an opportunity of personal hearing. Respondents shall not demolish the properties owned by the members of the Joint Action Committee (1st petitioner) nor shall dispossess the members of petitioner-Joint Action Committee.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Commissioner, Greater Hyderabad Municipal Corporation, GHMC Buildings, Lower Tank Bund, Hyderabad. 2 The Special Grade Deputy Collector, Land Acquisition, Metro Rail Project, GHMC, Hyderabad.
3 The Managing Director, Hyderabad Metro Rail Limited, A State owned Public Enterprise of Government of A.P., Metro Rail Bhavan, Saifabad, Hyderabad.
4 The Principal Secretary, Dept. of Municipal Administration and Urban Development, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.
5 The District Collector, Hyderabad District.
(Addressees 1 to 5 BY RPAD) 6 One CC to Sri N. Ashwani Kumar, Advocate (OPUC) 7 Two CCs to the Advocate General, High Court of A.P., Hyderabad.
(OUT) 8 The Section Officer, Writ Filing (N.S.) Section, High Court of A.P., Hyd. 9 One spare copy.
nnr
HIGH COURT
PNR,J
DATED: 3-1-2014
ORDER
W.P.Nos. 30, 32 & 35 OF 2014 DIRECTION
HIGH COURT Nnr Date of Drafting : 9-1-2014
PNR,J
DATED: 3-1-2014
ORDER
W.P.Nos. 30, 32 & 35 OF 2014 DIRECTION
