HYDERABAD: The Telangana High Court has made it clear that the title over the Ac 3.08 guntas land, in which TV Transmission Station (familiar as TV Tower at Moosarambagh) has been established could only be decided by the civil court.
A division bench of the high court, comprising Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili, was not inclined to pass orders on a plea of Fern Hill Trust, which urged directions to the Union and state governments to pay rentals and compensation for using it.
The trust, represented by Mahamood bin Mahamood, claimed that it owns the land, which was acquired from them in 1976. Fern Hill Trust was created by Nizam VII under a trust deed dated (March 21, 1957) for the benefit of his seven children born to his wife Laila Begum. It is alleged that an extent of Ac.3.08 gts situated in Sy.No.318/1 was utilized by the Union information and broadcasting ministry for setting up a TV transmission station invoking the provisions of Requisitioning and Acquisition of Immovable Property Act, 1952. Though possession was taken on 3 August 1976, no compensation was paid in spite of repeated requests by the trust.
Hence, it filed a writ petition seeking a mandamus declaring that occupying the trust property was arbitrary and illegal; and consequentially, to direct them to hand over possession to the petitioner-trust.
The single Judge, without appreciating any of the contentions raised by the trust, said that liberty was granted to the trust to work out an appropriate remedy available under law. Challenging the same, a writ appeal was filed by the trust. After hearing both sides, the division bench made it clear that the civil court was competent to decide the title over the land.
