Telangana High Court
WP/27499/2005 of Kelam Venkata Lakshmana Babu, Vs The Municipal Corporation of Rajahmundry, on 26 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27499 OF 2005 Dt.26.12.2005 Between: Kelam Venkata Lakshmana Babu and others … Petitioners And The Municipal Corporation of Rajahmundry, Rep. by its Commissioner, Rajahmundry Municipal Corporation of Hyderabad, Rajahmundry, East Godavari District.
W.P.NO.27499 OF 2005
Dt.26.12.2005
Between:
Kelam Venkata Lakshmana Babu and others
… Petitioners
And
The Municipal Corporation of Rajahmundry, Rep. by its Commissioner, Rajahmundry Municipal Corporation of Hyderabad, Rajahmundry, East Godavari District.
… Respondent
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ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counselappearing on behalf of the respondent.
The petitioners submit that they are the owners in respect of the premises bearingDoor Nos.79-3-4/1, 79-3-4/2, 79-3-02, 87-1-3, 87-1-1/2, 87-1-1, 87-1-2, 41-2-192, 87-1-13, 87-1-11, 87-1-11/1, Taditota, Rajahmundry, East Godavari District and the saidhouses are abutting to the main road and certain shops are also leased out tocertain tenants and the respondents in the course of widening the road threateningto demolish certain portions of the structures and taking away certain portion of theland without following the due procedure prescribed under Sections 146 and 147 ofthe Municipal Corporations Act. It is stated that the petitioners have no objection tolose certain portion the property provided that compensation is paid either under the Land Acquisition Act or by way of private negotiations as contemplated under thesaid Act.
Having regard to the acts and circumstances of the case, the respondent isdirected not to demolish any portion of the property or taking away any portion of theland belonging to the petitioners without following due procedure prescribed underSections 146 and 147 of the said Act The writ petition is disposed of accordingly. No costs.
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(V.ESWARAIAH, J.)
26.12.2005Note: Issue copy tomorrow
B.O.
kpr