HC Upholds GHMC Act Provision On Consensual Land Acquisition

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was hearing a writ petition filed by Salla Veera Reddy challenging the vires of the provision.

The petitioner contended that Section 146 was unconstitutional and inconsistent with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, alleging violation of Articles 14, 21 and 300A of the Constitution.

After hearing all parties, the court held that the provision does not confer powers of compulsory acquisition. It observed that Section 146 provides for acquisition through mutual agreement between the property owner and the municipal corporation, with compensation determined within approved limits.

The bench said that since the provision is based on consent and does not involve exercise of eminent domain, it does not conflict with the 2013 Central law governing compulsory land acquisition. It accordingly rejected the challenge on grounds of legislative incompetence and constitutional violation.

The court, however, took note of the petitioner’s grievance regarding a notice issued by the GHMC on February 9, 2026, seeking possession of part of his property in Malkajgiri along with consent under Section 146.

It clarified that if the petitioner considers the notice coercive or contrary to the statutory framework, he is at liberty to pursue appropriate remedies before the competent forum.

The ruling affirms the validity of consensual land acquisition provisions under the GHMC Act while leaving scope for individual grievance redressal.