Telangana High Court

WP/29408/2009 of Md. Ramjan Ali Vs The Greater Visakhapatnam Municipal Corporation on 31 December 2009

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COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THIS THE 31st DAY OF DECEMBER, 2009 W.P.No.29408 of 2009 BETWEEN: Md. Ramjan Ali ... PETITIONER(S) and The Greater Visakhapatnam Municipal Corporation, rep by its Commissioner, Visakhapatnam and others …RESPONDENT(S) THE

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

THURSDAY, THIS THE 31[st] DAY OF DECEMBER, 2009

W.P.No.29408 of 2009

BETWEEN:

Md. Ramjan Ali

and

... PETITIONER(S)

The Greater Visakhapatnam Municipal Corporation, rep by itsCommissioner, Visakhapatnam and others …RESPONDENT(S)

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYW.P.No.29408 of 2009

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ORDER:

Petitioner claims to be the owner of premises bearing no.12-60-1, situated at B.C. Road, Ward No.63, Gajuwaka,Visakhapatnam. His grievance is that respondents are trying todemolish a part of the said premises for the purpose of laying a road.

Heard the learned counsel for petitioner and the learnedStanding Counsel for Visakhapatnam Municipal Corporation.

The Hyderabad Municipal Corporations Act, 1955 and the LandAcquisition Act, 1894, prescribes the procedure to be followedwhenever the Corporation needs any private property for widening of aroad. The petitioner asserts that no proceedings were initiated againsthis property by the Corporation under the said enactments. Therecannot be any justification for the respondents in proceeding againstthe property of the petitioner without taking recourse to law.

Hence, the writ petition is disposed of directing the respondentsnot to demolish the house of the petitioner referred to above withoutfollowing the procedure prescribed either under the HyderabadMunicipal Corporations Act, 1955 or under the Land Acquisition Act,1894. There shall be no order as to costs.

__________________________

L.NARASIMHA REDDY, J

31[st] December 2009Note: Office to issuecopy within 3 days. B/oCVRK

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