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2026 DIGILAW 153 (TS)

K. Bharathi W/o K. Babu Rao v. State of Andhra Pradesh

2026-01-23

SUDDALA CHALAPATHI RAO

body2026
ORDER: SUDDALA CHALAPATHI RAO, J. The instant writ petition is filed declaring G.O.Ms.No.251 Municipal Administration & Urban Development, Housing (HB) F.2 Department, dated 24.03.2008 deleting Bhimraobada Slum from the list of notified slums published in A.P.Gazette No.47 dated 12.12.1991 and 408/A dated 27.09.2005 respectively in directing the 3rd respondent (District Collector, Hyderabad) to accommodate the writ petitioners in already constructed houses under JNNURM Scheme, as arbitrary, Illegal, without authority of law, without application of law, in colourable exercise of power, without jurisdiction and ultra-vires the provisions of Slum Improvement (Acquisition of Land) Act 1956 and inviolation of petitioners fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and to set aside the same. The writ petitioners subsequently have filed amendment applications claiming for such other reliefs and as the said reliefs are ancillary reliefs emanating from the main prayer, the said application was allowed. 2. The brief facts of the case are that, the ancestors of the petitioners have been living in Bhimraobada Slum (Nampally) for the last more than 60 years and consequent to their to their death the Petitioners have been living in the slum by working as labourers, as domestic servants etc., and all the petitioners are stated to be leading lives below the poverty lines. Further, in the year 1991, the then Commissioner, Municipal Corporation of Hyderabad, issued notification under Section 3(1) of Andhra Pradesh Slum Improvement (Acquisition of Land) Act 1956 (for short, ‘Act, 1956’), declaring the area known as Bhimraobada Slum, Hyderabad, Ward-5, Block-5, bound on the North, by road leading to Nampally to Mozzamjahi Road, on the South, by Nala and houses, on the East, by Ajanta Gate Exhibition and Housing Board Office and on the West, by Housing Board Office and Door No.5-5-406. The said notification has been published in the A.P.Gazette at Issue No.47 dated 12.12.1991. Taking into consideration of the impoverished condition of the inhabitants of Bhimaaobada slum i.e., the petitioners herein, the 5th respondent has assigned the house plots each admeasuring 33.33 square meters or so in Sy.No.4/1, Block-M, Ward No.47 of Nampally village of the erstwhile Musheerabad Taluq, Hyderabad District and though D-form pattas were not granted to some of the persons were also residing in the said slum from many years. Further, it is the case of the writ petitioners that they were also provided with basic amenities like electricity, water supply to the structures allotted and possessed by them. Their houses were assessed vide separate house numbers for all the dwellings in their possession and enjoyment and the total extent of land admeasuring was 1153.09 square meters. 3. Further the then Revenue Divisional Officer, Hyderabad Division vide Lr.No.F/8611/1990, dated 22.05.2007 requested the Collector, Hyderabad District, to cancel the pattas issued to the beneficiaries in order to rehabilitate the slum dwellers in nearby place since the pattas were issued mistakenly by exceeding his authority. After examining the same, the then Joint Collector, Hyderabad vide No.F/11430/2006, dated 21.06.2007 had issued notices to the D-form patta holders and also to such other persons who were not possessing any D-form pattas and pursuant thereto the said D-form pattas were cancelled. 4. Further, it is the contention of the Government that consequent upon the cancellation of the D-form Pattas the Government issued G.O.Ms.No.251, dated 24.03.2008 by de-notifying the said slum and the District Collector, Hyderabad, was directed to shift all the slum dwellers along with all inhabitants so as to rehabilitate them to Afzal Sagar under JNNURM Scheme and further the allotment was made by drawing lottery, but however the pattas were not issued due to pendency of several litigations. 5. Per contra, it is the specific case of the petitioners that they were thrown out of their dwellings by the respondents without following due process of law in violation of the orders of this Court in writ petitions. It was also contended that in the various writ petitions filed before this Court by the petitioners and similarly situated persons, the respondents have undertaken that they would follow due procedure of law if they intend to dispossess the writ petitioners and others, from their dwellings. Further, it is contended that despite several orders from this Court to fallow due process of law, on the fateful night of 02.01.2007, the shelters of the petitioners and others were demolished by using Police force by the respondents and that they were illegally dispossessed from the said dwellings and they were taken in trucks to a place called Afzal Sagar, which is nothing but a graveyard, thus as the petitioners were unable to stay at the said land which was not suitable for living. The writ petitioners and others have not occupied the dwellings of Afzal Sagar. 6. The writ Petitioners accordingly approached this Court challenging the action of the respondents herein in evicting the writ petitioners by force without following due procedure of law and also challenged the G.O.Ms.No.251, dated 24.03.2008 in de-notifying the Slum. Further, in the course of hearing, this Court to ascertain the physical position appointed an Advocate-Commissioner Sri K.S.Murthy (Advocate) to conduct a physical survey of the land and to ascertain the factual issue on the ground. In pursuance of the same, the Advocate-Commissioner visited the site has filed a report inter alia contending that initially, the Advocate-Commissioner was not permitted into the site and the Advocate-Commissioner has opined that the entire slum was demolished and the entire houses of the slum dwellings were demolished and many of the slum dwellers, who were present there, alleged to have approached the Advocate-Commissioner and prayed for mercy. 7. The said writ petition has been adjourned from time to time for disposal before this Court and the respondents have filed counter negating the contentions of the petitioners and that is how this writ petition was posted today before this Court for determination of the issue. The learned Senior Counsel Mr. Gandra Mohan Rao for petitioners placed reliance on several judgments of the Hon’ble Supreme Court, wherein in similar cases to the case on hand directed the State for payment of compensation in the cases to the persons who are illegally thrown out of their houses without following due process law contended that the petitioners are the slum dwellers and have been granted D-form pattas vide orders of the 1st respondent to an extent of 33.33 square meters and many others were also living in the slum from past several years and that they have constructed small houses and living more for than 60 to 70 years and that the respondent-Government instead of providing proper amenities to them have demolished their houses by and thrown the petitioners out of their houses by de-notifying the said slum without following the procedure contemplated under law. Further the D-form pattas which were granted by the Government were also filed before this Court in proceedings No.G/8611/90 etc. 8. Per contra, the learned Special Government Pleader Ms. Further the D-form pattas which were granted by the Government were also filed before this Court in proceedings No.G/8611/90 etc. 8. Per contra, the learned Special Government Pleader Ms. A.Divya, representing the Office of the Advocate-General would contend that the in order to place the petitioners in a better place, they were shifted to a place by giving all the amenities, but, however, the petitioners were not interested to stay at the place where they were shifted and that as the place where the petitions were living was a slum area and for their upliftment only, the petitioners were shifted and in fact, there is no violation of any procedure under law by the respondents nor there was any force or threat, which was used when the petitioners were shifted to a new place at Afzal Sagar, Hyderabad and contended that the writ petition is devoid of merits and liable to be dismissed. 9. Heard learned Senior Counsel Mr. Gandra Mohan Rao, representing Mr. Mohammed Anwar Ali, learned counsel for the petitioners and Ms. A.Divya, learned Special Government Pleader representing from the Office of Advocate-General for the respondents and having given earnest consideration to the submissions on either sides, perused the record. 10. As seen from the D-form pattas filed before this Court, evidently the petitioners were granted an extent of 33.33 square yards of land in Sy.No.41,popularly known as ‘Bhimaraobada Slum’ and the assessment orders were also shown in the said D-form pattas varying from with the house No.5-5-412/1, 5-5-412/28, etc., which evidently show that the petitioners have been living in the said slum area, but, however, the main basic grievance of the learned Special Government Pleader was that, in order to give a better facilities, they were shifted to Afzal Sagar, Hyderabad by de-notifying the slum. 11. During the course of the hearing, when a specific query was put to the learned Special Government Pleader whether the Government is ready to allot proper housing to the petitioners and other similarly situated persons at appropriate and suitable places, the learned Special Government Pleader sought short time to put up the same to the Government. After due deliberations with the officials of the respondents, the learned Special Government Pleader has submitted a memo with instructions, signed by the District Collector, Hyderabad District, showing the proposal of the Government to allot 2BHK houses for the petitioners and others. After due deliberations with the officials of the respondents, the learned Special Government Pleader has submitted a memo with instructions, signed by the District Collector, Hyderabad District, showing the proposal of the Government to allot 2BHK houses for the petitioners and others. The Government has thought it fit to allot 2BHK housing colony at the places specified in the said instructions i.e., Sanga Ready district, Patanchevuru Mandal, Kolluru-2BHK Housing Colony; Medchal- Malkajgir district, Keesara Mandal Rampally-2BHK Housing Colony; Sanga Reddy District, Patancheruvu Mandal, Ameenpur- 2BHK Housing Colony; Ranga Reddy District, Shankarpally Mandal, Shankarpally- 2BHK Housing Colony; and Sanga Reddy District, Ramchandrapuram Mandal, Edulnagulpally-2BHK Housing Colony. The Special Government Pleader submitted that the petitioners and other similarly situated persons may select any of the said localities, the Government would accommodate them by issuing the pattas to their respective families and pursuant thereto, the learned Senior counsel Mr. Gandra Mohan Rao, representing Mr. Anwar Ali for petitioners has filed a Memo signed by all the petitioners on 31.12.2025 by readily accepting the proposal of the Government to allot 2BHK houses at Kollur village, Patancheruvu Mandal, Sanga Reddy District to all the writ petitioners and others who are similarly placed with petitioners and who have not joined in the instant writ petition. It is also stated that some of the petitioners bearing Nos.7, 9, 15, 22, 25, 26, 27, 28, 36, 43, 51, 59, 67, 68, 70 and 71 have expired, but however, their families should be given to 2BHK house plots on proper identification of their legal heirs along with other similarly situated persons. The petitioners prayed for granting of monetary compensation for shifting/reallocation expenditure and to ensure provision of all basic civic amenities to the allotted plots and it was also stated that they were willing to occupy the houses and also prayed for full ownership title along with transfer of all rights over the said allotted 2BHK houses since they have been out of the houses for several years on rents. 12. 12. On examining the facts of the present case and the proposal of the Government, admittedly as the petitioners families have been living for the past several years in the Bhimraobada slum area at Nampally besides Exhibition Grounds, to put a quietus to the litigation to safeguard the interest of the petitioners keeping in view of the proposal of the Government to allot 2BHK Houses to the writ petitioners and others in the suitable places. This Court taking into note of all the circumstances of the present case and also the fair concession of the learned Special Governmental Pleader for acceding to the fact that the petitioners being slum dwellers should also be placed in a good conditions for better living and in view of the petitioners expressing their willingness to be allotted 2BHK houses constructed by the Government at Kollur village, Patancheruvu Mandal, Sanga Reddy District, this Court without going into rival contentions and the merits of the case, dispose of the writ petition in the following manner: (1) That each of the petitioners shall be granted 2BHK apartment at Kollur village, Patancheruvu Mandal, Sanga Reddy District along with the respective undivided share of land by allotting all the houses in preferably one block; 2) That the Government shall ensure that all the basic amenities which are necessary for a better living including water, drainage, lift facility and such other basic amenities to be provided; 3) That the Government shall allot the houses within a period of two months from the receipt of copy of this order. The petitioners shall be allotted the respective flats by drawing a lottery in the presence of the petitioners and also under the supervision of their Counsel Mr. G. Mohan Rao along with counsel on record Mr. Md.Anwar Ali and the Special Government Pleader Ms. A. Divya attached to the Office of the learned Advocate-General, who shall supervise the said process of allotment of houses; 4) That as it is represented that some of the petitioners i.e., petitioner Nos. 7, 9, 15, 22, 25, 26, 27, 28, 36, 43, 51,59, 67, 68, 70 and 71 have expired, though writ Petition stands abated to their extends. A. Divya attached to the Office of the learned Advocate-General, who shall supervise the said process of allotment of houses; 4) That as it is represented that some of the petitioners i.e., petitioner Nos. 7, 9, 15, 22, 25, 26, 27, 28, 36, 43, 51,59, 67, 68, 70 and 71 have expired, though writ Petition stands abated to their extends. But, however, in the interest of justice and for parity the respective the flats shall be drawn in the lottery, but, however, the respective legal heirs shall file an application before the District Collector, Hyderabad District, within a period of 30 days from the date of receipt of copy of this order and on such filing of the representations, the District Collector shall conduct an inquiry and on proper identification shall allot the respective houses fallen to their shares. In the event of dispute of claim by more than one legal heir, the District Collector shall allot the houses jointly to all the legal heirs of their respective expired petitioners without relegating them to approach the competent Civil Court; 5) Further, as it is stated, learned Senior Counsel and also the learned Special Government Pleader, some of the persons who are similarly placed with the writ petitioners have not joined as parties to the writ petition, this Court taking into the said contentions direct such persons or their representatives to file appropriate applications along with proper proof of identification to the District Collector, Hyderabad, within 30 days from the date of receipt of copy of the order and the District Collector, Hyderabad, shall examine the said applications and pass orders and allot the flats to the said persons also along with the writ petitioners; 6) That as the petitioners, who are granted the houses in exchange of D-form pattas, which were granted in Bhimraobaada slum, and as much time passed by their claim of nearly 17 years and as they are stated to be living in rental premises, the Government shall fix the rider that the said houses allotted to the petitioners and all similarly situated persons shall not be transferred up to five years from the date of allotment and right of alienation shall be available to the respective petitioners after completion of five years from the date of actual allotment of 2BHK houses to the respective petitioners; 7) That the respondents are directed to complete the entire exercise of allotment of houses at Kolluru Village, Patancheruvu Mandal, Sanga Reddy District, within a period of two months from the date of receipt of copy of this order. Further, it is also directed that the District Collector, Hyderabad shall oversee the said allotment and the respective Revenue Divisional Officers of Hyderabad and Kollur shall also be supervising the said allotment under the control of the District Collector and necessary instructions from the Government. 13. In view of the above stated conditions 1 to 7, the Writ Petition is disposed of. That the District Collector, Hyderabad shall file a copy of comprehensive report of allotment of all the houses to the respective petitioners before the Registrar (Judicial), High Court of Telangana, Hyderabad, with a request to place the same in the present file of writ petition. 14. That the District Collector, Hyderabad shall file a copy of comprehensive report of allotment of all the houses to the respective petitioners before the Registrar (Judicial), High Court of Telangana, Hyderabad, with a request to place the same in the present file of writ petition. 14. There shall be no order as to costs. Pending miscellaneous applications if any shall stand closed.