Telangana HC insists on strict compliance while acquiring property for road widening
Hyderabad: Justice K. Lakshman of the Telangana High Court directed GHMC officials to adhere to the procedure for acquisition of immovable property by agreement, before taking action to dispossess shopowners of their properties for road widening. The judge was dealing with a writ plea filed by Mirza Saad Hasan and eight others, who purchased shops and flats in Mawin Famous Plaza at Sriramnagar Colony, Masab Tank. The petitioners challenged the notice that was issued for handing over portions of their properties for a road-widening project from Dhana Bala Residency to Sarojini Devi Road. The judge, while hearing the case, noted the submissions of counsel for the petitioner, who argued that the impugned notice violated the legal regime under the GHMC Act. They submitted documents such as registered sale deeds and utility bills to claim ownership rights. The government pleader for GHMC assured the judge that the authorities would follow due procedure and obtain consent from property owners before proceeding with any action. The judge recorded these submissions and, while disposing of the petition, directed the GHMC to comply with the statutory requirements and act in accordance with law. The judge also restrained the corporation from dispossessing the petitioners of their properties without following legal process.
Applicability of natural justice in contract: HC reserves verdict
A two-judge panel of the Telangana High Court has reserved a verdict in a writ appeal qua the question whether adhering to principles of natural justice can be disregarded while deciding contractual disputes between private parties and TGSRTC. The panel, comprising acting Chief Justice Justice Sujoy Paul and Justice G. Radha Rani was dealing with a writ appeal filed by Anasuya. Earlier petition was allowed by a single judge at the instance of a stall holder V.M. Sateesh, whose contract to operate a Vijaya Dairy stall at Mahbubnagar bus station by the Telangana Dairy Development Cooperative Federation Limited was cancelled. The federation, without issuing any show-cause notice to the petitioner, cancelled the stall allotment. For violation of principles of natural justice, the single judge allowed the writ petition and set aside the proceedings. It was contended by the appellant that pursuant to cancellation of operatorship, she was allotted the stall for a period of six months. It is the case of the appellant that as held by the Supreme Court in such contractual matters where there is violation of conditions no notice needs to be given and the order of the single judge was contrary to a ruling of the apex court. However, due to interim order suspending the impugned proceedings, the appellant could not run the stall. The respondents argued that they were granted licence to work, and it cannot be termed as a contractual matter. The panel accordingly reserved its verdict.
Tribals challenge eviction in Khammam
Justice N.V. Shravan Kumar of the Telangana High Court will hear a writ plea challenging the eviction of five farmers from their lands in Veerapuram village, Illendu mandal, Khammam district. The judge was hearing a writ plea filed by Mallela Krishna and four other farmers, who contended that they have lived on the land for generations. The petitioners would allege that they were recently evicted by the district forest officer of Bhadradri Kothagudem district, in violation of their fundamental rights and rights under the Forest Rights Act. Counsel for the respondent authorities argued that the land was being used for plantation purposes and that the farmers were never in possession of the land. After hearing the parties, the judge questioned the petitioners about the delay in filing the writ plea, noting that four years has elapsed since their eviction. When the petitioners explained that they were poor tribal people, the judge asked whether special rules applied to poor tribals. The judge posted the matter for further clarification and hearing.
HC to hear writ on illegal school compound on agriculture land
The Telangana High Court will continue to hear a writ plea concerning the alleged illegal construction of a compound wall around the MPP school in Basheer Miyan tanda. Justice T. Vinod Kumar took on file a writ plea filed by Md. Ataullah, who is challenging the construction of the wall, arguing that it encroaches upon his agricultural land situated in the tanda, Kokat village, Yalal mandal, Vikarabad district. The petitioner contended that the actions of the mandal educational officer and others were arbitrary, illegal and highhanded. Previously, the judge had instructed the respondents to conduct a survey of the entire land that spans 359 acres. However, the petitioner alleged that the authorities had failed to conduct a comprehensive survey and instead carried out a partial assessment, prompting filing of objections. During the hearing, the counsel for the unofficial respondents stated that they had not yet received a copy of the petitioner’s objections. Acknowledging this, the judge directed the petitioner’s counsel to ensure that the objections are served to the opposing party. The matter is posted after three weeks, during which time the respondents are expected to review and respond to the petitioner’s objections.
