Telangana High Court
Nama Nageswara Rao, Hyderabad vs Commissioner, Ghmc, Hyderabad And 4 ... on 12 January, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY, THE FOURTEENTH DAY OF FEBRUARY
TWO THOUSAND AND FOURTEEN
: PRESENT:
THE HON'BLE SRI JUSTICE P NAVEEN RAO
WP .NO:4167 of 2014
Between:
Nama Nageswara Rao S/o Late Sri N. Muthaiah, Rep., by his Power of Attorney, Mr.
U.M. Bhaktavalsalan S/o Sri P Madhava Menon,
..... Petitioner
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 initiating land acquisition
proceedings under Section 4(1) of the Land Acquisition Act, 1894 vide the impugned
notification in Form 2A issued on 21.12.2013 and the consequential enquiry
contemplated under Section 5A of the Land Acquisition Act, with a notice to the
petitioner under Form 3 dt. 18.1.2014 in respect of property admeasuring 40.66 sq
yards in D. No. 6-3-866, in T.S. No. 13/2, Ward No. F of Ameerpet, Hyderabad for
the public purpose of widening of road from Greenland Junction to Ameerpet
Junction to proposed 100 feet wide road for corridor - III of Metro Rail Project as
illegal, arbitrary, unconstitutional and contrary to the orders passed in W.A.No.414 of
2012 and W.P.No.532 of 2012.and consequentially quash the same.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri P. Shreyas Reddy
Advocate for the Petitioner and of Sri R. Radha Krishna Reddy, Advocate for the
respondent No. 1 and of Advocate General, for the respondent No. 2 and 3 and of
GP for Municipal Administration, for the respondent No. 4 and of GP for Revenue for
the respondent No. 5, 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 in Corridor 3 of HMR Project between Nagole and 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 by the bench of two Judges:
"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 30.12.2013 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.
Learned counsel and learned Special Government Pleader submit that the issue in this writ petition is similar to writ petition Nos.30,32 and 35 of 2014 and in the said writ petitions, on 3.1.2014 following order is passed:
"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"
Having regard to the submissions made by the learned counsel and learned Special Government Pleader, I am of the opinion that since similar issue is pending consideration before the 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 petitioner and also giving an opportunity of personal hearing. Respondents shall not demolish the properties owned by the petitioner nor shall dispossess him.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, 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. Two CC to Advocate General, High Court of A.P Hyderabad(OUT)
7. Two CC to GP for Revenue, High Court of A.P Hyderabad(OUT)
8. Two CC to GP for Municipal Administration, High Court of A.P Hyderabad(OUT)
9. One CC to Sri P. Shreyas Reddy, Advocate(OPUC)
10. One spare copy Csk HIGH COURT Csk Date of drafting 15-02-2014 PNRJ DATE: 14-02-2014 ORDER WP. NO. 4167 OF 2014 DIRECTION