Telangana High Court
WP/25131/2004 of Omkari Prabhu, Vs The Commissioner, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25131 of 2004 Between: Omkari Prabhu, S/o. Late Omkari Ramchander, R/o. 1-6-287/ A ,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 25131 of 2004
Between:
Omkari Prabhu, S/o. Late Omkari Ramchander, R/o. 1-6-287/A, Musheerabad, Hyderabad.
AND
..... PETITIONER
1 The Commissioner, Municipal Corporation of Hyderabad, Hyderabad.
2 The Additional Commissioner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. Secunderabad Division, Secunderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Mandamus or any other appropriate Writ, order or direction: (a) Bydeclring the action of the Respondents in collecting consent letters only from thelandlord/owner of the petitioner and not from the Petitioner (tenant) as per Section146 and 147 of H.M.C. Act, as illegal and unconstitutional (b) direct the respondentsnot acquire the Petitioner's property bearing No. 4-1-172, size 12 X 11 feetcomprising of ground floor at Subash Road, Secunderabad, bounded on NORTH by:Main Road, SOUTH BY: Neighbour's Property, EAST BY: Neighbour's shopbelongs to Mohd. Mustafa Ali bearing No. 4-1-172, WEST BY : Neighbour's propertybearing No. 4-1-171 without initiating Land Acquisition proceedings or withoutobtaining Petitioners consent. (c) to direct the Respondents not to demolish thePetitioner's property bearing No.4-1-172, size 12 X 11 feet, comprising of groundfloor at subash Road Secunderabad, bounded on NORTH by :Main Road, SOUTHBY: Neighbour's Property, EAST BY: Neighbour's shop belongs to Mohd. MustafaAli bearing No. 4-1-172, WEST BY : Neighbour's property bearing No. 4-1-171 tillthe disposal of the Writ Petition.
Counsel for the Petitioner: MR.WASIM AHMED KHAN
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25131 OF 2004
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ORDER:
It is submitted by the learned counsel for the petitioner and admitted to by thelearned Standing Counsel for the respondent-Corporation that the subject matter inthis writ petition is squarely covered by the judgment of this Court in W.P.No.21198of 1997 and batch, dated 3.2.1998 which was disposed of issuing certain directionsto be followed by the Municipal authorities, Panchayat authorities and Revenueauthorities for acquiring the land for road widening and/or for public purpose. Interalia, the following directions were issued by the Division bench:
1. Where a property is required for public purpose viz., widening of roads or forany other purpose, the authorities straightaway cannot take law into theirhands and jump into the premises, dispossesses or evict the occupantsor demolish the property.any other purpose, the authorities straightaway cannot take law into theirhands and jump into the premises, dispossesses or evict the occupantsor demolish the property.
2. If the authorities concerned want to take action for eviction/dispossession ofthe occupants or demolition they shall issue 60 days prior notice notifyingas to the nature of the property, the property to whom it belongs and theproposed action calling for explanation/objections if any from theoccupants. On receipt of such objections, if there is any objection as to theownership of the property, the authorities should determine the extent ofencroachment or unauthorized occupation and also determine whether theproperty in question belongs to Government/any other local selfGovernment or authority or the occupants and pass appropriate orderswithin three months from the date of receipt of the objections, afteraffording an opportunity of being heard to the occupants.the occupants or demolition they shall issue 60 days prior notice notifyingas to the nature of the property, the property to whom it belongs and theproposed action calling for explanation/objections if any from theoccupants. On receipt of such objections, if there is any objection as to theownership of the property, the authorities should determine the extent ofencroachment or unauthorized occupation and also determine whether theproperty in question belongs to Government/any other local selfGovernment or authority or the occupants and pass appropriate orderswithin three months from the date of receipt of the objections, afteraffording an opportunity of being heard to the occupants.
3. In case where demolition of private property has already been made, theauthorities shall determine the damages on the basis of the assessment tobe made by the Engineer of the Roads and Buildings Department andauthorities shall determine the damages on the basis of the assessment tobe made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith.
4. If the demolition is in respect of local bodies’ Government property, thequestion of damages does not arise. In such an event, the occupant shallbe entitled to remove the material used for the construction.question of damages does not arise. In such an event, the occupant shallbe entitled to remove the material used for the construction.
5. In case of demolition of private property, the authorities concerned shalldetermine the loss caused to the occupants on the basis of theassessment to be made by the Engineer of R & B Department and onsuch assessment of damages, the concerned authorities shall takeappropriate steps to disburse the amount quantified forthwith.determine the loss caused to the occupants on the basis of theassessment to be made by the Engineer of R & B Department and onsuch assessment of damages, the concerned authorities shall takeappropriate steps to disburse the amount quantified forthwith.
The respondent-Corporation before effecting any demolition of the houses of the petitioner, shall follow the above directions.
The writ petition is disposed of accordingly. No costs.
30.12.2004.
Note:
Issue Operative portion by wire.
B/o.
mdaa/ksr.
Copy to:
1 The Commissioner, Municipal Corporation of Hyderabad, Hyderabad. Hyderabad.
2 The Additional Commissioner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. Secunderabad Division, Secunderabad.
3. Two C.D.copies.