IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1349 of 2009 Between: A. Aruna W/o. A. Dinesh Kumar R/o. Door No. 3-4-376/4/1, 2nd Floor, Basanth Nagar Colony Hyderabad. ..... PETITIONER AND The Greater Hyderabad Municipal Corporation, Hyderabad , Rep. by its Commissioner, Tank Bund Hyderabad. .....RESPONDENT 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 issue an appropriate writ order or direction in the nature of Mandamus declaring the action of the respondent in demolishing the part of the premises bearing Door No. 5-5-3 situated at Dal Mandi, Darusalam, Hyderabad, without following the procedure as contemplated under Sections. 146 and 147 of Hyderabad Municipal Corporation Act 1955 and consequently direct the respondents to pay the compensation forthwith and pass such other or further orders Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: The petitioner claims to be the owner and possessor of the premises bearing Municipal Door No.5-5-3 admeasuring 82 square yards situated at Dal Mandi, Darusalam, Hyderabad. The grievance of the petitioner is that even though her name is mutated in the municipal records, without issuing any notice or without initiating any proceedings under the land acquisition act, the respondent has demolished a portion of the said house contrary to Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Municipal Corporation and at their request the matter is taken up for final disposal at the admission stage itself. Even though the matter underwent several adjournments, no counter affidavit is filed by the respondent. On instructions, the learned standing counsel for the respondent Corporation submits that so far as the future acquisition of the remaining land of the petitioner is concerned, they will issue necessary notice to the petitioner and will follow due process of law. However, in respect of the premises which was already demolished, it is stated that the respondent Corporation will after assessing the damage caused to the petitioner will pay the compensation within a period of three months from the date of receipt of a copy of this order. Recording the above undertaking given by the learned standing counsel that they will assess the damage caused to the premises of the petitioner and will pay compensation for the same within a period of three months from the date of receipt of a copy of this order and will follow due process of law in future, the writ petition is closed. N.V.RAMANA,J DT.17.3.2009 NOTE: Furnish CC in 3 days (B/o) msv