C. Leela Kumari v. Hyderabad

The main grievance of the petitioner is that the respondent- Municipality, without issuing any notice and without initiating any proceedings under the Land Acquisition Act, 1894 (for short “the Act), is trying to acquire the land admeasuring 61.56 Sq. yards by demolishing her house bearing No.16-1-570/1 to 3, housed in that land situated at Saidabad, Hyderabad, for the purpose of widening the road. Heard the learned counsel for both the parties and perused the material placed on record. The learned Standing Counsel for Greater Hyderabad Municipal Corporation has submitted that the respondents have not issued any notice to the petitioner so far with regard to the proposal of demolition of certain portion of the petitioner’s property, and in case the respondents require any portion of the land or house of the petitioner for the purpose of widening the road, they shall certainly issue notice to the petitioner and initiate proceedings under the Act, and would pay suitable compensation, before taking action to demolish the house and acquiring the land, for widening the road. In view of the submission made by the learned Standing Counsel, this Court deems it appropriate to dispose of the writ petition with the following directions: “The respondents are directed to issue notice to the petitioner and follow due process under law before they take action to demolish her house and acquire the land for the purpose of widening the road”. Accordingly, this writ petition is disposed of. No costs. ______________ 25th March, 2009 N.V.RAMANA, J