✦ High Court of India · 17 Apr 2025

'1 . Sunkari Lingeswari v. '1 . State of Ielan lana

Case Details High Court of India · 17 Apr 2025
Court
High Court of India
Decided
17 Apr 2025
Bench
Not available
Length
1,252 words

liection 151 CPC praying that in the circum'stances stated r support of the petition, the High Court rr ay be pleased to r not to interfere with the possession and er joyment of the n ward No. 29 and 30 of Khammam Mun cig;al Corporation rlher with laying of the roads, without follo',tring due process r el of the writ petition Counsel for the Petit oners: SRl. TARUN RAM AITHAM Counsel forthe Resl ondents: GP FOR MCPL ADMN URBAN DE!' The Court made thr: ollowing: ORDER '1 I I ,1 't I HONOURABLE SRTJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.11587 oF 2025 ORDER: . This writ petition is filed by the petitioners aggrieved by the action of respondent Nos.2,3 and 4 in not considering their representation dated 25.02.2025 and in interfering with their possession and enjoyment over their respective properties, as being arbitrary and violation of Articles 21 and 300-4 of the lndian Constitution.

2. Heard learned counsel for the petitioners and Mr. p. Sridhar Rao, learned Standing Counsel appearing for respondent Nos.3 and 4, and perused the material available on record.

3. lt is submitted that the petitioners are residents of ward Nos.29 and 30 of Khammam Municipar corporation. They have constructed houses and they have been residing there'for the past more than 40 years. While so, for the purpose of road widening, the respondent authorities have made markings on the properties of the petitioners. The petitioners have not been paid compensation nor have they given their consent for acquisition of their properties. If the respondents intend to acquire the properties of the petitioners, they are bound to follow the procedure as required under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, ,F" '-.nB , I 1 2 \*.- Rahabilitation e rr I Resettlement Act, 2013' and pay compensation to - lre petitioners have submitted represerrtalion dated the petitioner.',. 25.02.2025 tc rr spondent Nos 2, 3 and 4 requesting them not to demolish their :r l,perties and that they have not been qiver any prior notice and that if rr:rad widening is to be done' it can be done from New Park near Surrcia ayya canal embankment to Prakash Nagar road' 4 and 4 Learrrr':c Standing Counsel appearing for respc'nclent Nos'3 subn i'tt rl that appropriate action will be take n on the representatiotr o the petitioners 5'lnviev;ll.theabove,thewritpetitionisdisposedrlfdirecting respondent trtcrs 1,' to 4 to dispose of the petitioners' re'prr:sentation, dated25.O2.il02:,withinaperiodoffour(04)weeksfrornlhedateof receipt of a crllly .lf this order, by giving an opportunity of -rearing to the petitioners. F)r:r ling consideration of such representatior.l, ';tatus quo, obtainingascn'oday,inrespectofthepropert.esofthepetitioners shall be maintair r+d. There shall be no order as to costs' As a sr>rlt <ll thereto, miscellaneous applications, if arry, pending in this writ p€rt ti r^ stand closed /ffRUE COPY// \STANT \ S,D/.A.JAYASREE REGISTRAR =: :-- ' e SEC IION OFFICER ASS i' To,

1. The principrrl s r1-;retary (MA and UD) Secretariat buildings litate of Te!a,ngana l-iY :itirabad. 1 1 1i

2. The uommrssroner and Director of Municipal Administration, 640, AC Guards, MasabTank, Opp. PTI Buitding, liyderabad.

3. Ttre Commissioner, Khammam Municipal Corporation, Khammam city and

4. . The Town Planning Officer. Khammam Municipal Corporation, Khammam. 5. One CC to SRI TARUN RAM ATTHAM Advocate tOpUCI 6 Two CCs to GP FOR IVIQPL ADMN URBAN DEV ,High Court for the State of Telangana.at Hyderabad [OUT] T Two CD Copies 8. 9ne Spare Copy KV P^C,, '1 I I I F r F r l, I HIGH COURT DATED: 17ltttt12025 T ORDER WP.No.1158'7 r>t 2025 ( q ,/.-. .:'\1 i e.il 4rS 7 7 o .! 2 3 IIAY 2825 * \-' :;D' \a -:- ::_ JC DISPOSING OIi THE WRIT PETITTON WII-HOUT COST 8M/^. 2r\s 1,-{ I I , t '! I I t 1

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