Deccan Chronicle

Only civil court can clear TV tower land title: HC

- VUJJINI VAMSHIDHAR | DC HYDERABAD, MAY 13

The Telangana High Court has made it clear that the title over the Ac 3.08 guntas land, in which TV Transmissi­on Station (familiar as TV Tower at Moosaramba­gh) has been establishe­d could only be decided by the civil court.

A division bench of the high court, comprising Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili, was not inclined to pass orders on a plea of Fern Hill Trust, which urged directions to the Union and state government­s to pay rentals and compensati­on for using it. The trust, represente­d by Mahamood bin Mahamood, claimed that it owns the land, which

A DIVISION bench of the high court, was not inclined to pass orders on a plea of Fern Hill Trust, which sought directions to pay rentals and compensati­on for using it. was acquired from them in 1976.

Fern Hill Trust was created by Nizam VII under a trust deed dated (March

21, 1957) for the benefit of his seven children born to his wife Laila Begum.

It is alleged that an extent of Ac.3.08 gts situated in Sy.No.318/1 was utilized by the Union informatio­n and broadcasti­ng ministry for setting up a TV transmissi­on station invoking the provisions of Requisitio­ning and Acquisitio­n of Immovable Property Act,

1952 Though possession was taken on 3 August 1976, no compensati­on was paid in spite of repeated requests by the trust. Hence, it filed a writ petition seeking a mandamus declaring that occupying the trust property was arbitrary and illegal; and consequent­ially, to direct them to hand over possession to the petitioner-trust.

The single Judge, without appreciati­ng any of the contention­s raised by the trust, said that liberty was granted to the trust to work out an appropriat­e remedy available under law. Challengin­g the same, a writ appeal was filed by the trust.

After hearing both sides, the division bench made it clear that the civil court was competent to decide the title over the land.

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