Telangana High Court

WP/27575/2005 of V.S. Mohd. Hussain, Vs Commissioner, Municipal Corporation of Kadapa, on 26 December 2005

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SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27575 OF 2005 Dated: 26-12-2005 Between V.S. Mohd, Hussain, S/o. V.S. Abdul Kareem Saheb, Occ: Retd. Employee, R/o. 10/1049, Trunk Road, Kadapa and others. …PETITIONERS AND Commissioner, Municipal Corporation of Kadapa, Kadapa District and

THE HONOURABLE SRI JUSTICE V. ESWARAIAH

WRIT PETITION No.27575 OF 2005

Dated: 26-12-2005

Between

V.S. Mohd, Hussain, S/o. V.S. Abdul Kareem Saheb, Occ: Retd. Employee, R/o. 10/1049, Trunk Road, Kadapa and others.

…PETITIONERS

AND

Commissioner, Municipal Corporation of

Kadapa, Kadapa District and others.

…RESPONDENTS

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ORDER:

Petitioners seek a Writ of Mandamus to declare the action of the respondent No.1and his staff dated 22.12.2005 in orally asking them to surrender their premises bearing OldDoor No.10/415 and 416, New No.10/1090 to 1092 situated Trunk Road, Kadapa of the firstpetitioner, Old Door No.7/33, New Door No.7/86 and 7/86/1, situated at Chilakalabavi Street,Trunk Road, Kadapa of the second petitioner, Old Door No.10/378 A1, New DoorNo.10/1028 situated at Trunk Road, Kadapa of the third petitioner and Door No.19/174 to180/1 situated at Madras Road, Kadapa Town of the fourth petitioner as illegal and arbitrary.

Learned counsel for the petitioners submits that the petitioners are the owners of above said premises in Kadapa town and municipality. The Kadapa municipality has been recentlyupgraded as Municipal Corporation. In view of the traffic congestion and to have free flow oftraffic the Kadapa Municipal Corporation has decided to widen the roads, for which theyhave identified 26 roads in the entire kadapa municipal corporation. Learned counsel for thepetitioners further submits that the petitioners are not at all against the road-wideningprogramme of the respondents and they have no objection for the said programme if theirlands are acquired and if proper compensation is paid.

The only grievance of the petitioners is that the respondents without issuing any notices,without paying any compensation for their structures or the lands and without following dueprocess of law, are threatening to demolish the existing structures of the petitioners for thepurpose of road-widening.

The learned counsel for the petitioners further submit 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 petitioners and not to dispossess themwithout following due process of law under Sections 146 and 147 of the Act or privatenegotiations or initiating the proceedings under the Land Acquisition Act. No costs.

______________

V. ESWARAIAH, J

(B/O)

DSK

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