Telangana High Court
WP/40221/2012 of Sri Swamy Vivekananda Educational Welfare Society, Vs The Greater Visakhapatnam Municipal Corporation, on 31 December 2012
SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.40221 of 2012 ORDER: The writ petitioner is an educational institution situated at Visakapatnam City. It apprehends that the respondent-Greater Visakapatnam Municipal Corporation will demolish the existing structures and also take possession
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THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAOWRIT PETITION No.40221 of 2012
ORDER:
The writ petitioner is an educational institution situated atVisakapatnam City. It apprehends that the respondent-GreaterVisakapatnam Municipal Corporation will demolish the existing structuresand also take possession of the land belonging to the writ petitioner to asubstantial extent of 1464.23 sq. yards situated in Sy.Nos.28 and 31, PlotNos.11, 12 and 13, Sriharipuram, Gullalapalem village, GreaterVisakhapatnam Municipal Corporation limits, without adhering to theprinciples of the law on this subject. The apprehension is aided becauseof the markings that have been noted on the premises of the writpetitioner’s educational institution.
Sri N.Ranga Reddy, learned Standing counsel, who took notice onbehalf of the respondent, would assure this Court that if the petitioner isnot interested in giving its consent for acquisition of property, bynegotiations, the respondent Corporation will take recourse to law andacquire the property in accordance with law and then alone, eitherdemolish or take possession, even though there is urgency for the purposeof widening the existing 30 feet road.
In view of the assurance and also in view of the settled legalprinciple of law that if a citizen does not give consent for acquisition of anybuilding or land belonging to him, he cannot be deprived of his right tohold property, otherwise in accordance with law, this writ petition isdisposed of directing the respondent to take recourse to law and thenalone dispossess or demolish the structures standing on the site inquestion belonging to the petitioner. No costs.
Date:31-12-2012
Note:
Issue C.C. in two days
(B/o)
Prv
______________________________
NOOTY RAMAMOHANA RAO, J
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No.40221 of 2012
Dated 31-12-2012