Telangana High Court

WP/27779/1995 of Boddeti Suryanarayana Vs The Dist Collector on 30 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO : 27779 of 1995 Between: 1 Boddeti Suryanarayana S/o. Late Ramulu R/o. Kothavenkojipalem

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 SMT JUSTICE T.MEENA KUMARI

WRIT PETITION NO : 27779 of 1995

Between:

1 Boddeti Suryanarayana S/o. Late Ramulu R/o. Kothavenkojipalem Visakhapatnam, Visakhapatnam District.

2 Tatipudi Gaviresu S/o. Late Gurayya

R/o. Kothavenkojipalem Visakhapatnam, Visakhapatnam Dist 3 Ponduru Bibi W/o.Late Ramana R/o. Kothavenkojipalem Visakhapatnam, Visakhapatnam Dist.

..... PETITIONERS

AND

1 The District Collector, Visakhapatnam, Visakhapatnam District.

2 The Project Director, A.D.B. Circle, NH-5 Visakhapatnam.

3 The Mandal Revenue Officer, Visakhapatnam, Visakhapatnam Dist.

.....RESPONDENTS

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, order or direction more particularly one in the nature of Writ ofMandamus, declaring the action of the Respondents in directing the petitionersherein to vacate their houses situated in S.Nos.1 and 21 of Venkojipalem,Visakhapatnam for demolition for widening NH 5 without paying compensationunder the L.A. Act, as illegal, arbitrary, high handed and violative of Articles 21 and300-A of the Constitution of India and consequently direct the respondents to invokethe provisions of L.A. Act for Acquisition of the houses of the petitioners situated inS.Nos.1 & 21 of Venkojipalem and to pay compensation Counsel for the Petitioner: MR.A.V.SESHA SAI

Counsel for the Respondents: GP FOR REVENUE

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ORDER:

This writ petition is filed seeking a writ of Mandamus declaring the action of therespondents in directing the petitioners to vacate their houses situated in S.Nos.1and 21 of Venkojipalem, Visakhapatnam for demolition for widening NH 5 withoutpaying compensation under the Land Acquisition Act, as illegal and to direct therespondents to invoke the provisions of L.A. Act for acquisition of the houses of thepetitioners situated in S.Nos.1 & 21 of Venkojipalem and to pay compensation.

The averments in the affidavit filed in support of the petition, in brief, are as follows:

It is stated that the petitioners along with some others occupied small extents i.e., 96sq. yards of land by each petitioner in S.Nos. 1 and 21 of Venkojipalem village ofVisakhapatnam adjacent to S.No.19/3, in the year 1950 and they are residingtherein by raising thatched houses and that in response to their representation in theyear 1977, they were granted house site pattas by the Tahsildar, Visakhapatnamand pursuant to the said grant, they constructed pucca houses by spending hugeamounts and they are also paying property taxes to the Municipal Corporation.While so, the Resident Engineer, R & B, Visakhaptanam sent a requisition foracquisition of lands in S. Nos. 1 and 21 of Venkojipalem for widening of NH 5 roadand thereupon the 1[st] respondent issued instructions to the 3[rd] respondent and the3[rd] respondent in turn asked the petitioners to vacate the premises but he did notmention about the compensation. It is further stated that the Special DeputyCollector, NH 5, Visakhapatnam acquired the houses situated in the adjacentS.No.19/3 only after due payment of compensation under the provisions of the LandAcquisition Act and passed an Award No.17/92 dt. 30-4-1992. But, in the instantcase, they are not adopting the procedure adopted earlier. Thus, the action of therespondents in directing the petitioners to vacate the premises for demolition withoutpaying any compensation is illegal. Hence, the writ petition.

Heard both sides.

The main contention urged by the learned Counsel appearing on behalf of the

petitioners is that the respondents are contemplating to dispossess the petitionersfrom their lands and houses situated in S.Nos. 1 & 21 of Venkojipalem,Visakhapatnam, without following the due process of law and hence sought for adirection to the respondents not to disturb the petitioners, without following the dueprocess of law.

I have perused the material available on record and the averments. While admittingthe writ petition, on 8[th] December 1995 interim stay of dispossession of thepetitioners was granted by this Court. Copies of orders of assignment of house sitesof the Tahsildar, Visakhapatnam, disclose that the house sites in question wereassigned to the petitioners and from the date of assignment, they have been residingby constructing pucca houses and by paying the necessary taxes. Now, theapprehension of the petitioners is that the respondents-authorities are resorting toevict them from their houses, for the purpose of widening the road, without followingdue process of law.

In view of the facts of the case, it can be said that it is only an apprehension of thepetitioners, but as a matter of fact, there is no material on record to show that therespondents have initiated any action in this regard. In that view of the matter, itwould suffice, if a direction is given to the respondents not to dispossess thepetitioners if they are still in possession as on today. In case the respondents-authorities desire to acquire the land in question for the purpose of road widening,they are at liberty to do so in accordance with law.

Subject to the above direction, the writ petition is disposed of. No costs.

_________________

T. MEENA KUMARI, J

Dt. 30/12/2004

Kvrk

To

1 The Dist Collector, Visakhapatnam, Visakhapatnam Dist.

2 The Project Director A.D.B. Circle, NH-5 Visakhapatnam.

3 The Mandal Revenue Officer, Visakhapatnam, Visakhapatnam Dist.

4 Two CCs to GP for Revenue, High Court Buildings, Hyderabad(OUT)

5. Two CD copies.

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