High Court slams State Govt for claiming Lands in Hafeezpet Area

The High Court of Telangana has pulled up the State Govt for its “vexatious conduct” of repeatedly attempting to claim ownership of land parcels in Survey No 80 of Hafeezpet in the city, & categorically declared that it has no right, title or interest on them.

In series of Judgments on these lands in the recent past, the division bench comprising Justices M.S. Ramachandra Rao & T. Amarnath Goud directed the authorities concerned to mutate lands in favour of individuals or companies, grant building permission, allow registration or conduct surveys in Survey No. 80. All these were being rejected by the authorities who claimed that it was Govt land.

The landmark judgments will provide relief to thousands of property owners in residential colonies of Hafeezpet & surrounding areas, who accused the authorities of making a killing by permitting a few constructions & denying permission to many others.

A resident alleged that “When we sought justice in the High Court, the government did not even bother to file counter affidavits for years, causing obstruction of justice".

In a case involving Greater Golkonda Estates Pvt Ltd, the High Court referred to a delay of 38 years by the Govt in challenging the preliminary decree passed in CS No 14 of 1958 & the courts including the Apex Court, dismissing its claims.

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“Thus, the state’s claim to the lands covered by the preliminary decree in CS 14 of 1958 including Hafeezpet village has failed & at this point of time it is not open to the state of Telangana to set up any claim to the land in Hafeezpet village,” said the High Court, while directing the government to carry out a survey to settle a border dispute with neighbouring Kondapur.

The Top Court in an order last Wednesday said it saw no reason to interfere in the HC order & directed the Govt to conduct a survey within 4 weeks.

In another case, the HC dismissed the allegations of the Wakf Board over the ownership of 50 acres in the same survey number. In Sai Pawan Estates vs State Wakf Board, the division bench said that as per rules the Wakf created before the commencement of Wakf Act 1995 should be registered within three months after the Act came into force.

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However, the Wakf was claimed to have taken place in 1955 for part of Hafeezpet land, but it was registered under the Act in 2013, the Court pointed out. 

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