Telangana HC: public purpose no excuse to take land without law

The Telangana High Court has ruled that a government authority cannot retain private property indefinitely without lawful acquisition, even if the land has been used for a public purpose. Justice Vakiti Ramakrishna Reddy directed the state to acquire land it used to build the Area Hospital at Bhongir and pay compensation to the owners, holding that the public purpose served by the hospital cannot override the constitutional guarantee under Article 300-A.

The petitioners claimed ownership of the land through an unregistered sale deed from 1978, which was later validated by the Revenue Divisional Officer in 1982 after payment of deficit stamp duty. They alleged that authorities took possession in 1995 without initiating acquisition proceedings or paying compensation. The state argued that the absence of a Form 13-B certificate meant the petitioners had no enforceable right, but the court rejected this, saying Form 13-B is merely evidentiary and cannot nullify a valid statutory order.

The court noted that the state did not dispute that the hospital stands on the land, and since the land is permanently used for a public institution, the owners sought only compensation, not restoration of possession. LiveLaw and Siasat both report the judgment as a clear affirmation of the constitutional right to property under Article 300-A.