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Telangana High Court tells govt to set up officials panel to study status of land in Miyapur
Telangana High Court
The High Court single-judge bench of Justice P Madhavi Devi directed the State government to constitute a committee with officials of the GHMC and representatives of the petitioner as well as Revenue authorities within 30 days to examine the status of the land and measure the open areas in the layout.
Hyderabad: The High Court single-judge bench of Justice P Madhavi Devi directed the State government to constitute a committee with officials of the GHMC and representatives of the petitioner as well as Revenue authorities within 30 days to examine the status of the land and measure the open areas in the layout.
She passed the order in the petition filed by Mayuri Nagar Welfare Association, Miyapur (Ranga Reddy district) and four others, seeking to declare the action of the Hyderabad Metropolitan Development Authority (HMDA) in proposing to sell parts of land in Miyapur residential complex earmarked as open areas and amenities in the approved plan of the layout in survey no159, 28/1 and 20 of Miyapur.
The action of the HMDA in proposing to sell through E-auction-cum-E-tender land parcels/open plots/stray bits under notification dated March 19,2018, mentioned at serial no 840 plots in the notification is illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution, apart from being violative of principles of natural justice, the petitioners informed the court.
They wanted the HC to set aside the same and consequently direct the government and the concerned authorities not to alienate the common areas in the layout.
She directed the HMDA and the GHMC to constitute a committee with officials and representatives of petitioners, Mayuri Nagar Welfare Association, Miyapur, and Revenue authorities to examine whether the open areas, which are left out after putting certain areas for auction sale, are more than 10 per cent.
If it is found that the left out open areas are more than 10 per cent of the total area of the layout, then the respondents, HMDA and GHMC, are at liberty to follow the procedure for change of land use and thereafter proceed to sell the properties. However, if it is found that the land which is left out for open areas is less than 10 per cent of the total area of the layout, then the HMDA and GHMC shall cancel the auction sale. Only after leaving the 10 per cent of the land for open spaces, can they take recourse to get permission from the government for change of land use and thereafter for alienation of balance land.
The entire exercise of forming a committee and PMD, measuring of the open areas in the layout shall be carried out within a period of 120 days from the date of receipt of the order copy. The plea is disposed of by the court.
