Telangana High Court
WP/27581/2005 of Sri Dr.Bala Siva Yogendra Maharaj Vs The District Collector, Kurnool. on 26 December 2005
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27581 OF 2005 Dated: 26-12-2005 Between Dr. Bala Siva Yogendra Maharaj @ Thota Eswara Vara Prasad, S/o. late Thota Roshaiah R/o. Kurnool Town and District. …PETITIONERS AND The District Collector, Kurnool and others. …RESPONDENTS
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.27581 OF 2005
Dated: 26-12-2005
Between
Dr. Bala Siva Yogendra Maharaj @ Thota
Eswara Vara Prasad, S/o. late Thota Roshaiah R/o. Kurnool Town and District.
…PETITIONERS
AND
The District Collector, Kurnool and others.
…RESPONDENTS
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ORDER:
Petitioner seek a Writ of Mandamus to declare the action of the respondents intaking steps for demolition of the structures constructed in an area of 26 cents of land inS.No.445/1 and 442/1, A1-B1 and A1-B2 of Kallur Village, Kallur Mandal, Kurnool Districtwithout issuing any notice and without following due procedure prescribed under law asillegal and arbitrary.
Learned counsel for the petitioner submits that the Kallur Village has become part ofKurnool Town due to the expansion and upgradation of Kurnool Municipality into a MunicipalCorporation.
In view of the traffic congestion and to have free flow of traffic the Kurnool Municipal Corporation has decided to widen the roads. Learned counsel for the petitioner furthersubmits that the petitioner is not at all against the road-widening programme of therespondents and he has no objection for the said programme if the said land is acquired andif proper compensation is paid.
The only grievance of the petitioner is that the respondents without issuing any notices,without paying any compensation for the structures or the land and without following dueprocess of law, are threatening to demolish the existing structures of the petitioner for thepurpose of road-widening.
The learned counsel for the petitioner further submits that the action of respondents withoutfollowing the due procedure prescribed under law and without paying any compensationeither by way of private negotiations or by way of initiating proceedings under the LandAcquisition Act, 1894 is utter violation of the principles of natural justice as well as Sections146 and 147 of the Municipal Corporation Act (for short ‘the Act’).
This Court disposed of number of writ petitions directing the respondents not to demolishthe houses of the private citizens without following due process of law.
Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to demolish the structures ortake away any portion of the properties of the petitioner and not to dispossess him withoutfollowing due process of law under Sections 146 and 147 of the Act or private negotiationsor initiating the proceedings under the Land Acquisition Act. No costs.
December 26, 2005
Note: Furnish C.C. of the order by 27.12.2005
(B/O)
DSK
______________
V. ESWARAIAH, J