CHURCH OF SOUTH INDIA TRUST ASSOCIATION Vs. THE COMMISSIONER AND SPECIAL OFFICER, GREATER HYDERABAD MUNICIPAL CORPORATION AND ORS.

JUDGEMENT

(1.) BY order dated 10.02.2015, we observed that the acquisition of the property from the petitioner/appellant was not in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955. We thought that damages and compensation for the property taken over by the Hyderabad Municipal Corporation is the appropriate relief to be granted and that with the mechanism of arbitration, the same could be resolved and as such, we granted time to the parties to have a consensus with regard to arbitration under the provisions of the Arbitration and Conciliation Act, 1996.

(2.) THE learned Special Government Pleader attached to the Advocate General, appearing for the Hyderabad Municipal Corporation, submits on instructions that his client is not willing to go for arbitration. Under the circumstances, we have given up the idea of resolving the issue through the mechanism of arbitration.

(3.) ABOVE prayer was made on the grievance, sum and substance of which is that the above property was taken over by the first respondent without lawful agreement with petitioner as mentioned in Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 or resorting to lawful land acquisition proceeding under the Land Acquisition Act, 1894. As a matter of fact forcibly, for widening the road the property is taken over. As such, the appellant had no option but to accept just compensation for damages done as above, as the land cannot be returned now.