Telangana High Court
WP/28729/2009 of K.VIJAYA LAKSHMI AND 8 OTHERS Vs THE COMMISSIONER AND ANOTHER on 29 December 2009
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.28729 of 2009 Date: 29.12.2009 Between: K.Vijayalaxmi and others …Petitioners and The Commissioner, Suryapet Municipality And others. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.28729 of 2009 ORDER:
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.28729 of 2009
Date: 29.12.2009
Between:
K.Vijayalaxmi and others
…Petitioners
and
The Commissioner, Suryapet MunicipalityAnd others.…Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.28729 of 2009
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ORDER:
The petitioners’ claims to be the owners of plots of landwithin the limits of Suryapet municipality. It is stated that theyhave constructed the premises duly obtaining permission from theMunicipality. Their grievance is that the Municipality is trying todemolish the premises without following due process prescribedby law.
Heard learned counsel for the petitioner and learnedstanding counsel for the respondents.
The Andhra Pradesh Municipalities Act, 1964, prescribesthe procedure to be followed whenever the buildings constructedwithout permission are in deviation of the sanctioned plan. Further, even where the property is needed for any public purposesuch as laying or widening of roads, proceedings under the LandAcquisition Act, 1894, needs to be initiated. There cannot be anyjustification to interfere with the properties of the petitioner withoutfollowing the process prescribed by law.
Hence, the writ petition is disposed of directing that therespondents shall not interfere with the property of the petitionerwithout following the procedure prescribed by law. There shall beno order as to costs.
December 29, 2009BVV
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JUSTICE L.NARASIMHA REDDY