Telangana High Court

WP/20127/2013 of Smt. P. Hema, Vs Kakatiya Urban Development Authority, on 5 December 2025

Cites 0, Cited by 0

Between: AND 1 2 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 20127 OF 2013 ...PETITIONERS Smt. P. Hema, W/o Sri P.

[ 348s ]

Between:

AND

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE FIFTH DAY OF DECEIVBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO: 20127 OF 2013

...PETITIONERS

Smt. P. Hema, W/o Sri P. lVlanohar Reddy, aged about 53 years, R/o Excise Colony, Subedari, Hanamkonda, Warangai, Warangal Districi-506 001.

lltri

Soumyq, D/o Sri P lrilanohar Reddy, aged about 33 years, Fi/o.

2 J^?51^,.Excise Colony, Sqbedari, Hanamkonda, Warangal, Warangat District

- 506 001. represented by GPA Smt. P. Hema.

Kakatiya Urban_ Development Authority, Warangal, represented by Vice Charrman and lVlanaging Director, Warangal, Warangal District.

Warangal ltrlunicipal Corporation, Warangal, represented by its Commissioner.

...RESPONDENTS

Petition under Artrcle 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to direct the '1 st respondent herein to consider realignment of the road development plan pursuant to the recommendations of the Deputy City planner of the 2nd risrondent corporation or in the alternative pay ccmpensation to the petitioner to rn: land of an extent of 189.57 sq. meters of which the petitioners have been deprived and further direct the respondents herein to take action against the illegal constructions on the road portion as per the realigned road development plan of Kanakadurga colony by taking action against the illegal encroachments into the road portion by issuing by issuing a writ, order or direction more particularly one in the nature of writ of mandamus and pass such other order or orders as this Hon'ble Court deems fit and proper, as otherwise the petitioners herein will suffer irreparable loss and injury.

l.A. NO

oF 20 13(WPM P.NO:24689 oF 2013)

:1

petition under Sec

in the arrrdavit rir"d i" ,,J;;';,f;:;:y;, :^]l in I e circumsrances stared direct the 1st respondent hei.ein to consider th" .".

I 'l )urt may be preased to

city planner of the 2nd ,.uronrn"",l,-:,_l: :

recomn t ndattons of the Deputy

road deveropment pran o;t'ono"nt

municipal corporatr( r for realtgnment ol the petitioners herein by ,,,,,;1"r,::"J:;::: ril::,"nr rr 66mps.,ation to the pending disposal of the above writ petition.

L;rnrl {6qu;511;on Act 1984,

I.A. NO:2 oF2013(WPMP. NO:24690 oF2013)

petition under Sec

in the arridavit,,,"o ,, .,j'JJn':J,fffi:l'n:rli rn th, crrcumstances srated direct the respondents he the road area with ,."r"r"n""''

to take action "r. ,r:l"t;:

-"11#:;,tJ:;

co ro ny, wa ra nsa r town, J:,[':#::] ;:r#,"ff : ff '

x, n, t"o u.su

CounseI for the petitioner

3l'.trjf.:{i'#X'# PAN I Gor,

SRI UDAY KUMAR Kuiinoept

Counsel forthe Respondent No.1: SRI MIRZA SAFIULLA Er I

Counsel for the Respondent No.2: III_s- MAHEE GONE, REp. F

SRI PASHAM MOHITH, S;1 ;

The Court made the following: ORDER

G

OR

FOR WIviC

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITI ON No.2Ol27 OF 2073

Date: O5. 12.2025

Between:

Smt. P.Hema and another

...Petitioners

AND

Kakatiya Urban Development

Authority, Warangat rep. by its Vice

Chairman and Managing Director,

Waiangal District & a nother.

-..Respondents

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ORDER:

This writ petition is filed seeking to direct respondent No.1 to consider the realignment of the road development plan pursuant to the recommendations of the Deputy City Planner of respondent No.2_Corporation or in the a-lternative pay compensation to the land of am extent of 189.57 Square Metres of which the petitioners have been deplived ald further direct the respondents to take action against the illegal constructions on the road portion as per - the realigned road development plan of I anakadurga colony by taking action against the illegal err :roerchments into the road portion.

2. Heard Mr. Raja Sripathi Rao panugoti, l<.i :rnt:d Senior Counsel representing Mr. Uday Kumar tukkadapu, learned counsei appearing for the petrt oncl.s and Ms. Mahee Gone, learned counsel cpre scnting Mr. Pasham Mohith, learned Standing ( ounsel for Warangal Municipal Cor.poration, appearing for respondent No.2. Perused the material available on recorrl

3. On 28. IL 2025, this Courl, has directer responrlent l{o.2 to file appropriate instructions as to thc : ction taken in the matter.

4. 1'oday, when the tnatter is taken up Irr hearing, learned corlnsel for responclent No 2 has plac: I a copy of written instructions under the signatui-e ol. :.espondent No.2, wherein it is stated that initially, the petiL oners have obtainecl building permission, dated 02. 12.2)21 for the -) construction of a Stilt 5 floors residential apa-rtment + building by removing the existing house bearing No.2-7- 1165, Hanamkonda and thereafter, the petitioners have Iiled a revised building application showing the road affected portion of their land and seeking the benefit of setback relaxation for the areas affected for the road widening and in consideration of their building permit was granted and the petitioners have completed their construction and obtained the Occuparlcy Certificate uide proceedings No.0010/OC / 3006 /2025, dated 2O.O2.2O25, and that since the petitioners have availed benefits of setback relaxation in lieu of the land stated to be a-ffected in the road widening, he asserts that the petitioners have already been compensated in terms of setback relaxation.

5. At this juncture, learned Senior Counsel submitted that in the written instructions, what is the actual portion of the land, which is being affected in the road widening, is not stated. He further submitted that the petitioners - should be adequately compensated for the lel Ld taken by respondent No'2'

6. Learned Senior Counsel further cort:nded that though the benefit of relaxation of setbac< s has been grar-rted whilc according building permission' it is not in proportion to the extent of land which has be 3n taken for road widening. He further contended that a- appropriate and detailed clarihcation is required' as to hr'' g much land of the petitioners was acquired by respon'1 :nt No'2 for road widening and the entitlement of TDR cer'1 Lficate or any other beneht in terlns of G'O'Ms'Nrl 168' dated 07.04.2012.

7. In view of the above submissions made i y the teauned counsel lor the Writ Petitioner' the rnain gl i ]varce of the petitioner is that though set-backs relaxatio: is granted' it is not in proportion to the land affected by oacl widening and in such circumstances, this Writ Petitrr n is disposed of directing tl.rt: petitioner to hle a tletailed epresentation before the respondents as to their : rtitlement of a .) proportionate value either for TDR or any other monetarlr compensation in lieu of the land affected by road widening within a period of two (02) weeks from the date of receipt of a copy of this order and on such representation being made, the respondents shall necessarily consider dispose it of within a period of six (06) weeks from the date of receipt of the said representation, in accordancc with law No order as to costs.

8. Pending miscellaneous applications, i[ any, in this writ petition shall also stand closed. //TRUE COPY// SECTION OFFICER 1 . The Vice chairman and Managing Director, . Kakatiya Urban Development Authority, Warangal, Warangal, Warangal Drstrlct'

2. The Commissioner, Warangal Municipal Corporation' Warangal'

3. One CC to SRI UDAY KUMAR KUKKADAPU' Advocate [OPUCI

4. One CC to SRI MIRZA SAFIULLA BAIG, Advocate [OPUC]

5. One CC to SRI PASHAM MOHITH, SC FOR WMC [OPUC]

6. Two CD CoPies SD/.P. PONNA KRISHNA ASSISTAYEGISTRAR To, BSR

HIGH COURT DATED: 0511212025

ORDER

WP.No.20127 of 2013 1i i;; 2pg DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,,-.\ s

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