WP/23059/2008 of A.Narayana Vs The Commissioner, Greater Hyderabad Municipal on 31 December 2009

Conclusion

Order:

Writ Petition No.23059 of_2008

In this Writ Petition, the petitioners seek declaration,by way of Mandamus, that the action of the respondents intaking steps for their dispossession from premises of theland admeasuring 115 square yards bearing MunicipalNos.7-2-B-50/A and 7-2-B-50/A/1 of plot No.B-50 situatedin Industrial Estate of A.P., Industrial InfrastructureCorporation Ltd., Sanathnagar, in Sy.Nos.54, 55 and 56/1,Fathenagar Village, Hyderabad, on the pretext ofexpansion of the road, without issuing any notice andwithout initiating any land acquisition proceedings, is illegaland arbitrary.

In the affidavit, filed in support of the Writ Petition, it isstated that the petitioners are the absolute owners andpossessors of the abovesaid property by virtue of aregistered sale deed document No.1979/2004, dated 16-08-2004. It is the case of the petitioners that in front of thesaid premises, there is a road, which was proposed to bewidened, and in that process, an extent of 115 squareyards of the petitioners’ premises was going to be affected. It is their grievance that the respondents are taking stepsfor their dispossession therefrom without issuing any notice and without initiating proceedings under the LandAcquisition Act, 1894.

Though no counter-affidavit is filed, on instructions, itis submitted by Smt.Kalpana Ekbote, learned StandingCounsel appearing for the respondents, that the petitioners’land is being affected in the process of road widening. It isfurther submitted that the respondents will acquire thesame for public purpose only after negotiating with thepetitioners and by initiating the provisions of the LandAcquisition Act.

In view of the submission made by the learnedStanding Counsel for the respondents, this Writ Petition isdisposed of directing the respondents not to dispossessthe petitioners as otherwise than by due process of law. However, it made clear that this order does not precludethe respondents from notifying the petitioners’ land underthe provisions of the Land Acquisition Act, if it is required forany public purpose.

Subject to the above direction, the Writ Petition isdisposed of. There shall be no order as to costs.

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R.Subhash Reddy, J