G.V. SHIVAJI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In both these writ petitions, the subject property is same and issues involved are interrelated, as such, they are being disposed of by this common order.

(2.) The petitioner is owner of the Flat No.315 of the apartment (residential complex) bearing No.2/2/1089/315 situated at Golnaka, Amberpet, Hyderabad. The apartment comprises of ground + 5 upper floors consisting of 18 flats. The petitioner has purchased the flat in the year 2006. The Greater Hyderabad Municipal Corporation (GHMC) intended to acquire portion of the apartment complex for the purpose of road widening to construct a flyover. The petitioner contended that he was not issued any notice as prescribed under Sec. 146 of the Hyderabad Municipal Corporation Act 1955 (for short 'HMC Act'). None of the flat owners have given consent for acquisition of the land under Sec. 146 of the HMC Act. As consent was not given, the acquisition should have been done by the respondents under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (for short 'LARR Act 2013').

(3.) Heard Mrs. J. Sumathi, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development, and Mr. Pasham Krishna Reddy, learned Standing Counsel for GHMC, and perused the material on record.