IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD HON’BLE SRI JUSTICE V.V.S. RAO W.P. No. 20622 OF 2005 Date: 26.09.2005 BETWEEN: 1. Asghar Ali Khan and another …. PETITIONERS Vs. 1. The Commissioner, Municipal Corporation of Hyderabad, office at Tank Bund, Hyderabad, and another. …. RESPONDENTS HONOURABLE SRI JUSTICE V.V.S. RAO WRIT PETITION NO. 20622 OF 2005 ORDER: The petitioners are the owners of house situated at Sha-Ali-Banda road, Hyderabad. They allege that the Municipal Corporation of Hyderabad (MCH), the first respondent has taken up road widening programme. In that connection the officials of respondents 1 and 2 came to the petitioners’ property and threatened to demolish the property without due process of law. Therefore, they filed the present writ petition. Section 145 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) enables the MCH to negotiate with the owners of the land whenever the land is required for widening the road or for other purposes. If the owners are not willing to give their consent, necessarily MCH has to acquire the land in accordance with Section 147 of the Act. It is not denied before this Court that MCH did not so far initiate any proceedings as per Section 147 of the Act or the Land Acquisition Act, 1894. Therefore, unless and until the petitioners are deprived of the land in accordance with the provisions of Section 147 of the Act read with Land Acquisition Act, 1894, the petitioners’ possession cannot be disturbed. It shall however be open for the MCH to acquire the land in accordance with law. The Writ Petition, with the above observations, is accordingly disposed of at the admission stage. ______________ (V.V.S. RAO, J.) 26th September, 2005 Note: C.C. by Two days. B/o Js.