Telangana High Court rules 181 acres of land at Shamshabad costing Rs 9,000 cr belongs to HMDA

HYDERABAD: Telangana High Court has declared 181 acres of land approximately costing Rs.9,000 crore at Shamshabad belongs to the Hyderabad Metropolitan Development Authority (HMDA).

The land the erstwhile Hyderabad Urban Development Authority (HUDA) had acquired from pattadars (registered landholders) by paying compensation to them for the establishment of truck terminal.

The land was encroached by private parties and the HMDA, the current custodian of the land, lodged police complaints and the matter reached the State High Court.

The High Court in its final ruling dismissing the writ petition filed by the encroachers directed the Registry to file a report in relation to the court orders relied upon by the Petitioner, who referred to the earlier litigation.

The Court also observed that in the event it was established that fabricated documents had been filed before the Court, it would tantamount to a serious offence and the petitioner would end up behind the bars.

The Division bench comprising the Chief Justice and also judge Justice NV Shravan Kumar reserved the case for orders on November 18, 2024. It pronounced the judgment in WP 7859 of 2023 on December 14 (Thursday). In their judgment, the Court observed that “the Petitioner did not approach the Court with clean hands and as such the Court was not willing to invoke its extraordinary jurisdiction under Article 226 of the Constitution. The Writ Petition has been dismissed.”

The cases were taken up on September 15,2023 when the Hon’ble Division Bench took a serious view of the matter when the Advocate-General had apprised the Court that forged and fabricated documents had been filed by the petitioner to establish his claim.

According to a release by the HMDA, the sequence of events in th case that had culminated in the court saving the HMDA land, the details are listed out.

They are:

“♦ Ac. 181.00 gts land in Sy. Nos. 661, 662, 721, 725 etc. of Shamshabad was acquired in phases by three awards (relevant award for present purposes being Award 1/1990) for Truck Terminal cum Wholesale market.

♦ Possession of land was taken vide Panchnama dated 23.04.1990.

♦ Land has been in peaceful possession and enjoyment of HMDA since then.

♦ Enhanced compensation as per directions of Supreme Court in the year 2011 was paid to the owners/pattadars from whom land was acquired.

♦ The name of Truck Terminal HUDA (now HMDA) was entered in revenue records as well. Online Dharani reflects Ac. 144.15gts out of these lands as “other department lands” and these lands are in the prohibited list. Letter for inserting the balance lands in the same category was written on 18.03.2023 by HMDA addressed to the Collector.

♦ The present value of the land is approximately Rs. 50 crores per acre.

♦ In 2021, three Writ Petitions were filed by the encroachers wherein they obtained orders permitting registration and in the other two cases the then Standing Counsel Mr. Y Rama Rao allegedly informed the court without instructions that HMDA was conducting survey in Sy. No. 625 and 725/22. It is to be noted that Sy. No. 625 is patta land.

♦ Encroachments were noticed in March 2023 as per information received from outside sources. Immediately notice was issued by HMDA to Mohd. Yahiya Qureshi (encroacher) for evicting the lands.

♦ Enforcement Cell of HMDA was instructed to deploy security guards for watch and ward and to avoid further encroachments and illegal activities on the subject lands, and to place boards stating that land belongs to HMDA and trespassers shall be prosecuted.

♦ Following due procedure, encroachments were removed.

♦ However, it later came to knowledge that in the meanwhile the encroacher had approached the Hon’ble High Court and obtained status quo orders in WP 5499 of 2023, 5550 of 2023 and 7859 of 2023. None of these orders were communicated to HMDA within time by the Standing Counsel Mr. V. Narsimha Goud.

♦ HMDA officials and staff have been trying to protect these lands but under the garb of status quo and non-interference orders, the Petitioner is proceeding unabated with the constructions and encroachments and has filed several contempt cases against officials and staff of HMDA.

♦ HMDA has also filed a contempt case against the encroacher.

♦ The local police RGI Police Station have registered an FIR against Enforcement CI and SI HMDA who were protecting these lands since the date of instructions in this regard. Investigations are on. Home guards and officials were being regularly harassed.

♦ It came to notice that encroachers are relying upon fake court orders and tampered pahanis to establish their claim.

♦ The High Court and the Collector were informed about the same.