Kolli Eshwara Rao and 9 others v. The District Collector, Visakhapatnam and 3 others
Case at a glance
- Decided
- 21 Sep 2005
- Bench
- C Y SOMAYAJULU
Outcome
Disposed of
Therefore, the writ petition is disposed of with a direction to the
Provisions considered
Judgment
Operative part
HONOURABLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.20657 OF 2005 ORDER: The grievance of the petitioners is that the respondents are trying to demolish their property for widening of the road without following due process of law. In view of the ratio laid down in Pilli Lakshmana Rao and others v. Executive Officer, Gram Panchayat and M/s.Ushodaya Publications v. The Commissioner, Municipal Corporation of Hyderabad, the respondents can either take possession or demolish the property for widening of the road, only after following the procedure prescribed by Section 147 of the Hyderabad Municipal Corporation Act, 1955 i.e., by acquiring the land as per the provisions of the Land Acquisition Act, 1894. Therefore, the writ petition is disposed of with a direction to the respondents to take recourse to the provisions of the Hyderabad Municipal Corporation Act, 1955, before taking possession or demolishing the structures belonging to the petitioners. No order as to costs. SKM _________________ 21st September, 2005
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the writ petition is disposed of with a direction to the
Which statutory provisions did this judgment involve?
Hyderabad Municipal Corporation Act, 1955 — s. 147; Land Acquisition Act, 1894.
Which court decided this case, and when?
Andhra Pradesh High Court, on 21 Sep 2005. The bench was C Y SOMAYAJULU.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.