Telangana High Court
WP/27506/2005 of Smt. Masarat Rana W/o Late Syed Anwarul Vs The Municipal Corporationof Warangal on 26 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27506 OF 2005 Dt.26.12.2005 Between: Masarat Rana … Petitioner And The Municipal Corporation of Warangal, Warangal, rep. by its Commissioner and Another. … Respondents ORDER: The petitioner questions the impugned notice in File
W.P.NO.27506 OF 2005
Dt.26.12.2005
Between:
Masarat Rana … Petitioner
And
The Municipal Corporation of Warangal,Warangal, rep. by its Commissioner andAnother. … Respondents
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ORDER:
The petitioner questions the impugned notice in FileNo.81/64/TP/2005 dated 6.12.2005 issued by the first respondentintending to acquire the house site of the petitioner bearing MunicipalNo.6-6-44, situated at T.P.T, Hanamkonda, Warangal District, withoutobtaining the consent and without adopting the due process of law asillegal and arbitrary.
Heard the learned counsel for the petitioner and the learned StandingCounsel on behalf of the respondents.
It is stated that the petitioner is the owner of the house bearingMunicipal No.6-6-44, situated at T.P.T, Hanamkonda, WarangalDistrict and the first respondent passed a resolution on 6.12.2005informing the general public that whomsoever the land/house/
property is coming into the road widening they will be given housesite at the appropriate place and the equal value of the said propertywhich is sought to be acquired for road widening purpose will begiven by the municipality.
Having regard to the facts and circumstances of the case, I am of theopinion that there cannot be any objection for the petitioner if propercompensation is paid. The grievance of the petitioner is that withoutpaying any compensation and without following the due process oflaw under Sections 146 and 147 of the Municipal Corporation Act, therespondents are threatening to demolish the existing structure of thepetitioner. Therefore, the respondents are directed not to demolishany structure or taking away any portion of the property of thepetitioner without following the procedure prescribed under Sections146 and 147 of the said Act or by private negotiations or initiating theproceedings under the Land Acquisition Act, 1894.
The writ petition is accordingly disposed of. No costs.
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(V.ESWARAIAH, J.)
26.12.2005
kpr