Telangana High Court

WP/21873/2008 of Vutukuri Satish Kumar, Vs Chirala Municipality, on 29 December 2009

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R. SUBHASH REDDY Writ Petition No.21873 of 2008 Date: December 29, 2009 Between: Vutukuri Satish Kumar, S/o. late Hrushikesh Gupta, Aged about 60 years, Occ: Business, R/o.H.No.9-17-5, Government Hospital Road, Chirala, Prakasam District ... Petitioner And Chirala Municipality, represented by

HON’BLE SRI JUSTICE R. SUBHASH REDDY

Writ Petition No.21873 of 2008

Date: December 29, 2009

Between:

Vutukuri Satish Kumar, S/o. late Hrushikesh Gupta,Aged about 60 years, Occ: Business, R/o.H.No.9-17-5,Government Hospital Road, Chirala, Prakasam District

... Petitioner

And

Chirala Municipality, represented by itsCommissioner, Chirala, Prakasam District,and another … Respondents

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Order:

In this writ petition, the petitioner has questioned proceedingsRoc.No.1035/2007/G1, dated 06-05-2008, whereby he was advised by therespondents to part with the land to an extent of 95.83 Sq. yards, situated inSy.No.479, Ward No.6, Chirala Municipality Prakasam District.

The petitioner claims to be the owner and possessor of property to anextent of 599 Sq. yards, bearing Municipal No.9-17-5, Government Hospital Road, Chirala, Prakasam District. Earlier, the petitioner was issued noticedated 23-07-2007 intimating him that an extent of 95.83 Sq. yards out of thesaid land is required for the purpose of widening of road by the Municipalityand was asked to give consent to part with the affected portion.

The grievance of the petitioner is that in absence of any consent andwithout initiating any proceedings for acquisition of the property in questionunder the provisions of the Land Acquisition Act, 1894, respondents aretaking steps for demolition. A copy of the order dated 15-11-2007 passed bythis court in w.P.No.24054 of 2007 is filed along with the material papers. Inthe said writ petition, the action of the respondents in seeking to dispossessthe petitioners therein from their property, which is also situated near theGovernment Hospital Road, Chirala, Prakasam District, was questioned. This court, by the aforesaid order, directed the respondents not todispossess or take away any portion of the structures or land of thepetitioners therein, in any manner, without following due process of law.

As much as it is not in dispute that the land of the petitioner to anextent of 95.83 Sq. yards is being affected in road widening, it is open to therespondents to take consent from the petitioner to part with possession tothe said extent, but, in absence of obtaining any consent from him andwithout initiating proceedings under the provisions of the Land AcquisitionAct, 1894, they cannot dispossess him.

In the circumstances and in view of the order dated 15-11-2007,passed by this court in W.P.No.24054 of 2007, in identical circumstances, Idispose of the writ petition directing the respondents not to dispossess thepetitioner from an extent of 95.83 Sq. yards, which is said to be affected inroad widening, bearing Municipal No.

9-17-5, Government Hospital Road, Chirala, Prakasam District, withoutobtaining his consent. However, it is made clear that, if the land/structures ofthe petitioner are required for any public purpose, this order will not preclude the respondents from initiating proceedings under the Land Acquisition Act,1894. No order as to costs.

December 29, 2009MRR

______________________

R. SUBHASH REDDY, J

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