Yada Rajaiah v. The Commissioner, Nizamabad Municipal Council, Nizamabad Dist

The petitioner alleges that he is the owner of the house bearing No.2-3-77, situated at Big Bazar, Nizamabad. He is running Kirana and General Stores in the said premises and paying property tax regularly. It is alleged that the respondent herein started work for widening of the road and demolished certain buildings, which are adjacent to the house of petitioner without issuing any notice. Apprehending the action of the respondent that his building may also be demolished at any time, he filed the present Writ Petition alleging that any such action without due process of law under the provisions of the A.P. Municipalities Act, 1965, or the Land Acquisition Act, 1894 or other law is arbitrary and illegal. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent-Municipality. In P.Lakshmana Rao v. Executive Officer, a Division Bench of this Court issued directions to be followed by Municipal authorities, Panchayat authorities and Revenue authorities for acquiring the land for public purpose.

Having regard to the decision of the division Bench, I have considered similar issue in a number of writ petitions and culled out various principles of law to be followed by the government while acquiring/utilizing the private land for road widening. The principles were reiterated by my learned brother, Sri Justice B.Sudershan Reddy in M.Madhavi Latha v. Rajendranagar Municipality. The principles laid down by the Division Bench are as follows. (1). Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossess or evict the occupants or demolish the property. (2). If the authorities concerned want to take action for eviction/dispossession of the occupants or demolition, they shall issue 60 days’ prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections, if any, from the occupants.

On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment or unauthorized occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants. (3). In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith. (4). If the demolition is in respect of local bodies’ Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction.

The Commissioner, Nizamabad Municipal Council, Nizamabad Dist. Two CD copies.