NO PERSON CAN BE DEPRIVED OF HIS/HER PROPERTY SAVE BY AUTHORITY OF LAW AND DEPRIVING THE PETITIONERS OF THE PROPERTY WITHOUT FOLLOWING DUE PROCESS OF WOULD BE IN CLEAR VIOLATION OF ARTICLE 300-A OF THE CONSTITUTION OF INDIA AND FUNDAMENTAL RIGHT TO PROPERTY: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 25.04.2023 stating that no person can be deprived of his/her property save by authority of law and depriving the petitioners of the property without following due process of would be in clear violation of Article 300-A of the Constitution of India and also the petitioners’ fundamental right to property .It was stated in the case of K.Thirumala and others v. The State of Telangana(W.P. No. 37894 of 2022) which was passed by the single judge bench comprising of HONOURABLE JUSTICE SUREPALLI NANDA
FACTS OF THE CASE:
During the year 2010 the then Government of Andhra Pradesh through its Housing Board i.e. Andhra Pradesh State Housing Board issued a notification for allotment of several Flats under Rajiv Gruhakalpa Scheme which are to be constructed in Warangal and accordingly, the petitioners applied for allotment of Flat under Rajiv Gruhakalpa Scheme. The 4th respondent allotted flats by way of lottery by picking up applications and allotted flats to the petitioners in Block No.9, in which 4 flats are constructed and accordingly Flat NO.G7 allotted to the 1st petitioner, Flat No.G5 allotted to the 2nd petitioner and Flat No.G3 allotted to the 3rd petitioner and allotment letters were issued individually by providing Bank loan of Rs.74,250/-, in which every allottee has to payR.8,250/-, as initial payment and Government share of Rs.10,000/-, total Rs.92,500/-. Thereafter, the petitioners WP_37894_2018 5 SN,J have to pay EMIs to the Bank and accordingly Andhra Bank has granted loans to all the petitioners. The petitioners cleared their loan amount by paying all instalments and obtained clearance certificate. Ever since the petitioners purchase of flats, they are in peaceful possession and continuous possession of the same, though the respondents constructed with cheap quality material. Block B9 allottees attempting repairs time to time with their own funds to see that the building may not collapse. The Government launched to establish Basti Davakhana in each and every ward and accordingly a clinic was allotted to B.R.Nagar and in order to allot the same the officials of the 2nd and 3rd respondents visited entire area and it seems they have selected the petitioners’ block which is centrally located and stated that they are going to acquire the same for locating Basti Davakhana. Therefore, the respondents got evicted the petitioners forcibly and took possession of the subject property and started dismantling all walls inspite of giving several representations to all the public officials including the 4th respondent and also to the police. Hence, this writ petition.
JUDGEMENT OF THE CASE
The writ petition is allowed as prayed for and the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ flats bearing No.3, 5 and 7 allotted to the petitioners under Rajeev Gruhakalpa Scheme situated in Survey Nos.437 and 438 of Urs-Warangal. It is however, observed that if the respondents intend to take possession of the subject flats for any public purpose, the due process of law under Land Acquisition Act needs to be followed duly adhering to principles of natural justice as well. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.