Metro Phase -2 Lands Acquisition - HC Allowed the Authorities to Go Ahead
They also questioned the alignment, the proposed widening of the road to 100 feet, the valuation of the properties and the manner in which their objections had been considered.
Hyderabad: The Telangana High Court has vacated a stay that had restrained authorities from passing awards in connection with the acquisition of a few properties for the proposed Hyderabad Metro Rail (MHR) Phase-II, comprising hte Corridor-VI between Mahatma Gandhi Bus Station (MGBS) and Chandrayangutta. Justice N.V. Shravan Kumar last week allowed an interlocutory application filed by the state authorities seeking vacation of the interim order passed on January 10, 2025, in a writ petition filed by Md. Abdul Raoof and seven others. Their residential and commercial buildings were situated between the part of the proposed HMR stretch between Azakhana Zehra and Mir Momin Daira via Mir Alam Mandi.
The petitioners alleged that the proposed acquisition disproportionately affected properties on the left hand side of the road, while comparatively less land was being acquired on the right hand side. They also questioned the alignment, the proposed widening of the road to 100 feet, the valuation of the properties and the manner in which their objections had been considered.
The petitioners argued that the proposed acquisition should have been undertaken by taking the centre line of the existing road as the basis. They claimed that the proposed acquisition, particularly on the left hand side, would result in a disproportionate loss of property.
The High Court had granted interim protection to the petitioners and restrained the authorities from passing awards pursuant to award inquiries conducted in December 2024 and January 2025.
The state government filed the vacate stay petition. Hearing the petition on August 7, Justice Shravan Kumar vacated the earlier interim orders.
The judge observed that determination of the Metro Rail alignment and identification of land were to be decided by technically qualified
authorities after comprehensive surveys and expert evaluation.
"Courts are neither equipped nor expected to adjudicate upon the technical viability or feasibility of a particular infrastructure project," the court observed, while noting that judicial intervention would ordinarily be warranted where a decision was shown to be arbitrary, mala fide or contrary to statutory or constitutional provisions.
The court also took note of the larger public interest involved in the project, observing that failure to implement the proposed stretch could affect the continuity and effectiveness of the Metro Rail network and deprive commuters of an integrated public transportation facility.
The High Court made it clear that questions concerning the legality of theacquisition process, procedural compliance and other issues raised by the petitioners had not been finally adjudicated. The court clarified that the procedural issues and compliance with the provisions of the 2013 Land Acquisition Act would be examined at the final hearing of the main writ petition.
"All issues relating to the legality and procedural compliance of the acquisition proceedings are left open to be considered at the stage of final hearing," the court said. In the meantime, the authorities have been permitted to proceed with execution of the Metro Rail project, subject to compliance with the law and applicable statutory requirements.
Bahadurguda Lands for Proposed Bullet Train Hub- HC Allowed Land Owners and Farmers to Access the Land
Hyderabad:The Telangana High Court has directed state authorities, including the revenue, panchayat raj, agriculture departments, police, GHMC and HYDRAA, to not obstruct the entry of farmers and landowners to their disputed land at Bahadurguda in Shamshabad mandal.
The government had fenced off the land for the proposed bullet train project hub. Earlier about 85 land owners and farmers had approached the High Court challenging the fencing of the land and attempts at dispossessing them
The High Court, on July 21, had ordered an interim status quo on the land belonging to the petitioners in the two petitions. Two days ago, the petitioners approached the court again complaining that the authorities were misinterpreting the order in a manner that obstructed access to the properties.
Taking note of the submission, Justice B. Vijaysen Reddy made it clear that the earlier status quo order could not be interpreted to prevent the petitioners from accessing their lands. The court, in continuation of its earlier order, directed the state authorities to not interfere with the entry of petitioners to the land.
Bahadurguda Lands for Proposed Bullet Train Hub- HC Allowed Land Owners and Farmers to Access the Land
Hyderabad: The Telangana High Court has directed state authorities, including the revenue, panchayat raj, agriculture departments, police, GHMC and HYDRAA, to not obstruct the entry of farmers and landowners to their disputed land at Bahadurguda in Shamshabad mandal.
The government had fenced off the land for the proposed bullet train project hub. Earlier about 85 land owners and farmers had approached the High Court challenging the fencing of the land and attempts at dispossessing them
The High Court, on July 21, had ordered an interim status quo on the land belonging to the petitioners in the two petitions. Two days ago, the petitioners approached the court again complaining that the authorities were misinterpreting the order in a manner that obstructed access to the properties.
Taking note of the submission, Justice B. Vijaysen Reddy made it clear that the earlier status quo order could not be interpreted to prevent the petitioners from accessing their lands. The court, in continuation of its earlier order, directed the state authorities to not interfere with the entry of petitioners to the land.