Hyderabad: The high court has held a section 16(A) of the GHMC act, to insist a property owner surrender land for road widening in ultra vires. According to the petition, the property owner from Kondapur cannot be compelled to give up valuable land purchased by her to the road widening. The relevant sections states that the area affected in road widening as per the plans. The judge said, “in my opinion, this is ultra virus. Provisions of the GHMC Act would amount to legitimising the arbitrary action contrary to the provisions of the GHMC Act as well as the HMDA Act and the law declared by the Supreme Court in several cases”.
But the judge of high court of state government initiated the process under section 32 of the HMDA Act in accordance with provisions of right to fair in land acquisition act 2013, and he should pay compensation to her. The judge also directed that the respondents shall not insist on the petitioner for the road widening free of cost for considering her application for permission for construction portion of her land guileless with 30 ft of road.