Telangana High Court
WP/25128/2004 of Mohd Mustafa Ali S/o late Mohd. Ikram Ali Vs The Commissioenr, Municipal Corporation of 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 : 25128 of 2004 Between: Mohd Mustafa Ali S/o late Mohd. Ikram Ali R/o 18-2-269,
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. RAMANA
WRIT PETITION NO : 25128 of 2004
Between:
Mohd Mustafa Ali S/o late Mohd. Ikram Ali R/o 18-2-269, Jangampet, Falaknama, Hyderabad
AND
..... PETITIONER
1 The Commissioenr, Municipal Corporation of Hyderabad, Hyderabad 2 The Additional Commissiner, Municipal Corporation of Hyderabad Secunderabad Division, Secunderabad
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ of Mandmaus or any other appropriate Writ, order or direction: a) Bydeclaring the action of the Respondnets in collecting consent letters onlyfrom thelandlord/owner of the petitioenr and not from the petitioner (tenant) as per section146 and 147 of HMC Act, as illegal and unconstitutional b) to direct the respondentsnotot acquire petitioenr's property bearing No. 4-1-172, Size 12 X 11 teet,comprising of ground floor at Subash Road, Secunderabad, bounded on North byMain Road, South by Neighbour's Property East by Neighbour's property bering No.4-4-173 and West by Neighour Shop belongs to Omkari Prabhu bearing No. 4-1-172without initiating land Acquisition proceedigns or without obtaining petitioners'sconsent c)to direct the respondnets not todemolish the petitioner's property bearingNo. 4-1-172, size 12X11' feet comprising of ground floor at subash RoadSecunderabad bounded on North by Main Road, South by Neighbours propertyEast by Neighbour's property bearing NO. 4-1-173 and West by Nieghbour shopbelongs to Omkari Prabhu bearing No. 4-1-172till the disposal of the Writ Petition.
Counsel for the Petitioner: MR.WASIM AHMED KHANCounsel for the Respondents: SMT.G.JYOTHI KIRAN
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25128 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 toauthorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department anddisburse 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 Commissioenr, Municipal Corporation of Hyderabad, Hyderabad2 The Additional Commissiner, Municipal Corporation of HyderabadSecunderabad Division, Secunderabad2 The Additional Commissiner, Municipal Corporation of HyderabadSecunderabad Division, Secunderabad
3. Two C.D.copies.