P. Veera Raghava Rao & Ors. v. The Commissioner, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District

All the petitioners are allegedly owners of houses situated in R.T.C.Complex Road, Rajahmundry. It appears, in connection with widening of the said road from existing 40 feet width to 60 feet width, the officials of the respondent-Corporation conducted survey and marked the portion/portions of the petitioners’ properties, which are likely to be affected by the road widening. The petitioners apprehend that the respondent- Corporation may demolish and forcibly dispossess the petitioners without due

process of law. Therefore, placing reliance on the judgment of the Division Bench of this Court in P.Lakshmana Rao v. Executive Officer and an unreported judgment delivered by me in W.P.No.26547 of 2005, dated 13.12.2005, the petitioners filed the instant writ petition. They seek, inter alia, a direction to the respondent to follow due process of law before causing any damage to the petitioners’ properties. After getting instructions from his client, the learned Standing Counsel for Rajahmundry Municipal Corporation submits that only survey was conducted, and the Corporation is trying to negotiate with the owners of the properties to take consent before implementing the road widening programme. He also submits that if any of the petitioners is not willing to give consent, the land will be acquired by due process of law. The same is recorded. The Writ Petition is accordingly disposed of observing that if the petitioners are not willing to give consent for acquiring their land, it shall be open to the respondent- Corporation to acquire the properties by resorting to the procedure under Section 147 of the Hyderabad Municipal Corporations Act, 1955, and till then, the petitioners cannot be deprived of their right to enjoy the properties, nor the Corporation can demolish the petitioners’ houses forcibly. No costs. ____________

(V.V.S.RAO, J)

21.12.2005 Note: Issue C.C by 23.12.2005. B/o.