IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12015 of 2005 Between: P.Ramakrishna Sastry, S/o.Viswanadha Sastry, R/o. Vijayawada , Krishna District. ..... PETITIONER AND 1 The Govt of A.P, Rep by its Prl.Secretary,Secretary Municipa Administration and Urban Development Department, Secretaraiat, Hyderabad. 2 The Vijayawada-Guntur-Tenali-Mangalgiri Urban Development Authority, Vijayawada, Krishna District, Rep by its Vice-Chairman. 3 The Vijayawada Municipal Corporation, Rep by its Commissioner, Vijayawada, Krishna District. 4 The District Collector, Krishna District at Machilipatnam. 5 The Spl. Dy Collector, Land Acquisition, The Vijayawada- Guntur- Tenali-Mangalagiri Urban - Development Authority, Vijayawada, Krishna District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to may be pleased to issue a writ, order or direction more in the nature of wruit of mandamus directing the respondents to pay the compensation to me in respect of my property to an extent of 148 Sq.Yards site as well as structures 148 Sq.Yards which were demolished on 16-10-202 bearing Municipal Door No.27-1-148 (Ward No.22), Municipal Assessment No.19326 and 19326/A, situtaed at Karl Marx road (Eluru Road), Vijayawada , Krishna District for the purpose of road widening by passing an award Under Sec.11 of Land Acquisition Act immediately by declaring the action of the respondents in not paying the compensation by passing an award in respect of my above said property is arbitrary, illegal and contrary to law and is violative of provisions of Articles 300(A) of the Constitution of India or alternatively directing the respondents to redeliver back the possession of the above said property by rebuilding the structure which were demolished on 16- 10-2002 and pass such other order or orders. Counsel for the Petitioner:MR.V.S.N.SARMA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: Form-NIC-OGS/WP{TRR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12015 of 2005 O R D E R: At the request of both the counsel, appearing for the petitioner as well as the respondents, the main writ petition itself has been taken up for final disposal at the stage of interlocutory application. It is the case of the petitioner that he is the owner of the building bearing Municipal Door No.27-1-1448 (Ward No.22, Municipal Assessment No.19326 and 19326-A), situated in Karl Marx Road (Eluru Road), Vijayawada, Krishna District and he is paying the property tax to the municipal authorities. While so, the 2nd respondent-Vijayawada- Guntur-Tenali-Mangalagiri Urban Development Authority, Vijayawada submitted proposals on 27.12.2001 to the 1st respondent-Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad for issuance of necessary alterations to the Master Plan showing the road width as 120 ft. from the Police Control Room to Ramavarapadu Junction (Jagjivan Ram Circle), Karl Marx (Eluru) Road, Vijayawada. It is stated that as the existing Master Plan road is only 60 ft., it was decided to widen from 60 ft. to 120 ft. and called for the objections and suggestions from the public. It is further stated that the House owners association filed objections, and without considering the said objections and overruling the said objections, a notification has been issued by the Government vide proceedings Memo No.1302112/2001-I, M.A. dated 22.03.2002 for alternation of the Master Plan, altering the existing 60 ft. road to 120 ft. wide road. It is further stated that the petitioner along with others filed W.P.6273/2002 on the file of this Court which was disposed of on 10.07.2002, observing that if the petitioners are aggrieved by the said notification with regard to widening of the road in the Master Plan, it is open for them to challenge the same before appropriate authority. It is further stated that the Government wanted to widen the existing road from 60 ft. to 80 ft. and the authorities demolished the building of the petitioner on 16.10.2002 for formation of 80 ft. road. It is stated that for the said demolition, the petitioner has lost an extent of 148 sq.yards along with structures. It is stated that the petitioner is entitled to compensation for 148 sq.yards. It is further stated that the petitioner filed W.P.252/2003 before this Court and the same was disposed of by order dated 07.01.2003, holding that if any land of the petitioner is taken up for widening of the road, the petitioner is entitled for compensation. It is stated that the Government is trying to acquire the land of the petitioner without paying any compensation or without initiating any proceedings under Land Acquisition Act. The 3rd respondent filed counter denying and disputing the allegations made in the writ petition. It is stated that in view of traffic volume on Karl Marx Road, the 2nd respondent has taken up the process of widening of the Karl Marx Road as per the prescribed procedure. It is stated that the entire process of widening of Karl Marx Road has been taken up and completed by the 2nd respondent alone and therefore, the Vijayawada Municipal Corporation has no way connected with the case and also not competent to pay any compensation as alleged by the petitioner. Respondents 2, 4 and 5 filed a common counter, contending that the Government issued Memo No.13021/12/2001-1 M.A. dated 22.03.2002, publishing a draft notification for variation of the Master Plan to designate the Karl Marx Road at 120 ft. wide and the said notification has been published in A.P.Gazette dated 23.03.2002, requiring the public to file their objections for the proposed Master Plan road. With regard to the allegations made by the petitioner, it is submitted that a general notice was published in the Gazette on 23.03.2002, calling for objections for the proposed amendment to the Master Plan, proposing for widening the existing road to 120 ft. road. The objections of the petitioner and others were also considered and the Government issued final notification in G.O.Ms.No.430 MA, dated 23.09.2002, revising the Master Plan of Karl Marx road as 120 ft. With regard to the demolition of the structures and taken up the land of the petitioner is concerned, it is stated that the respondents did not demolish the structures of the petitioner at any time nor possession was taken. The allegations are nothing, but a story created by the petitioner. Thus, the respondents have seriously disputing the contentions of the petitioner. It is further stated that the property of the petitioner, proposed to acquire to the extent of 228.51 sq.yards along with the effected structure area is RCC, Ground Floor 11710.80 sq.ft. and First Floor 738.56 sq.ft. Accordingly, a requisition is made to the Land Acquisition Officer to take up the land along with structures. If the structures of the petitioner are demolished by the respondents, there will not be any structures existing on the land of the petitioner. In view of the counter allegations, I am of the opinion that merely because of the Master Plan, the existing road has been widening from existing width to 120 ft, it cannot be said that the respondents are entitled to forcibly take away any extent of the land or the structures without paying any compensation. It is stated that some award proceedings are pending and if any award is passed, on payment of compensation alone, it is open for the respondents to take away any land or structures of the petitioner. Having regard to the facts of the case, the Writ Petition is disposed of, directing the respondents not to enter and take away any portion of the land along with structures of the petitioner, without paying any compensation. If the land and the structures of the petitioner are required, it is always open for the respondents to acquire the same for the purpose of widening the road from existing width to 120 ft. by paying compensation, either by way of private negotiations or in accordance with law. No costs. ___________________ V.ESWARAIAH,J Dated: 31.12.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Govt of A.P, Rep by its Prl.Secretary,Secretary Municipa Administration and Urban Development Department, Secretaraiat, Hyderabad. 2 The Vijayawada-Guntur-Tenali-Mangalgiri Urban Development Authority, Vijayawada, Krishna District, Rep by its Vice-Chairman. 3 The Vijayawada Municipal Corporation, Rep by its Commissioner, Vijayawada, Krishna District. 4 The District Collector, Krishna District at Machilipatnam. 5 The Spl. Dy Collector, Land Acquisition, The Vijayawada- Guntur- Tenali- Mangalagiri Urban - Development Authority, Vijayawada, Krishna District. 6.2CCs to 7.2CD copies