IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11938 of 2008 Between: C. Lakshmibai W/o. C. Yadagiri Reddy R/o. H.No.1-11-62/10, Old Custom Basthi, Begumpet, Secunderabad. ..... PETITIONER AND 1 The Special Officer and Municipal Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad. 2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Secunderabad Circle, Secunderabad. .....RESPONDENT(S) 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 to issue writ, order or direction more particularly one in the nature of writ of Mandamus be issued directing the Respondents not to demolish the residential house bearing municipal No.1-11-62/10, Old Custom Basthi, Begumpet, Secunderabad without following the statutory procedure as laid down under the provision of the Land Acquisition Act, 1984 and so also HMC Act, 1955 by set asiding the impugned notice No.512/RW/TPS/SC/NZ/GHMC/2007 dt. 05.05.2008. Counsel for the Petitioner:MR.A.SANJEEVA REDDY Counsel for the Respondent No.: MR.R.RADHA KRISHNA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 11938 OF 2008 ORDER: 1. This writ petition has been filed by C.Lakshmibai, with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus not to demolish the residential house bearing NO. 1-11-62/10, old Custom Basthi, Begumpet, Secunderabad without following the statutory procedure as laid down under the provision of the Land Acquisition Act, 1894 and so also Hyderabad Municipal Corporation Act, 1955. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the Respondents 1 and 2. 3. Learned counsel appearing for the petitioner submits that the Respondents are contemplating to demolish the residential house without following the procedure contemplated under the provisions of Hyderabad Municipal Corporation Act. 4. The main basis for her contention is the notice date 5-5-2008 issued by the City Planner, North Zone, Greater Hyderabad Municipal Corporation. Section 146 of the Hyderabad Municipal Corporation Act contemplates issuance of notice calling for the consent of the owner of the property by way of an agreement. Section 146 of Hyderabad Municipal Corporation Act reads as hereunder. “146. Acquisition of immovable property by agreement:-1) Whenever it is provided by this Act that the Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms at such rates or prices not exceeding such maxima as shall be approved by the Standing Committee, either generally for any class of cases or specially in a particular case. 2. And whenever, under any provision of this Act, the Commissioner is authorized to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid. 3. Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of Corporation to agree with the owner of any land or of any interest in land needed by the Corporation for the purposes of any scheme under Chapter XIII or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith. 4 . No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-sections (1), (2) or (3) shall be valid, if the price or compensation to be paid for such property or interest or right exceeds rupees five thousand unless and until such contract has been approved by the Corporation. 5. Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by Commissioner, shall have the common seal of the Corporation affixed thereto in the presence of (two officers nominated by the Commissioner) and shall also have the signature of the said two members, in the manner provided in Section1 25. 6. No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as provided in sub-section (4) shall be binding on the Corporation. 7. The foregoing provisions of this section which apply to an original contract relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract”. 5. The notice referred by the learned counsel has issued under Section 146 of the Hyderabad Municipal Corporation Act. If the petitioner is not prepared to agree, the corporation has to follow the procedure contemplated under Section 147 and 430 of the Hyderabad Municipal Corporation Act and Rules framed therein. The notice referred above is only a step in aid to acquire the property of the petitioner for road expansion. Therefore, the apprehension of the petitioner that the respondents are likely to demolish her premises without following the due procedure is not based on any sound reasons. 6. Accordingly, the writ petition is disposed of directing the respondents to follow the procedure established under Hyderabad Municipal Corporation Act and Rules framed therein in the event the property owned by the petitioner is required for road expansion. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 12th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 11938 OF 2008 12th June, 2008.