WP/28939/2009 of Smt. Malla Vijaya Vs The Government of A.P., on 31 December 2009

Conclusion

ORDER:

The petitioner claims to be the owner of plot No.7 inSurvey No.161/3 of Vepagunta Village, Pendurthi Mandal,Visakhapatnam District, admeasuring 533 square yards. Hergrievance is that the respondents are trying to lay road acrossthe said plot without acquiring the land and without payment ofcompensation.

Heard the learned counsel for the petitioner and thelearned Standing Counsel for the respondents.

The respondents cannot utilize the property of a privateindividual for public purposes, unless it is acquired inaccordance with law. In case they need it, notifications underthe provisions of the Land Acquisition Act, 1894, or under theHyderabad Municipal Corporation Act, 1955, are to bepublished. Another alternative is to acquire the land bynegotiation. Without resorting to either of them, the respondentscannot dispossess the petitioner.

Hence, the Writ Petition is disposed of directing that therespondents shall not utilize the land of the petitioner in plotNo.7 in Survey No.161/3 of Vepagunta Village, PendurthiMandal, Visakhapatnam District or part thereof, unless theprocedure prescribed by law is followed or the consent of thepetitioner is obtained. There shall be no order as to costs.

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31[st] December, 2009Prv

(L.NARASIMHA REDDY, J)