THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.5452 OF 2004 17th December 2009 Between: Jetti Rama Krishna. …PETITIONER AND The Vijayawada Municipal Corporation, rep.by its Commissioner, Vijayawada. …RESPONDENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.5452 OF 2004 ORDER: The grievance of the petitioner is that the respondent-Corporation is taking steps to construct a cement concrete road in the land situated in R.S.No.296/2 of Gunadala, Eluru Road, within the limits of Vijayawada Municipal Corporation, even in the absence of consent from the petitioner and without initiating any proceedings under the Land Acquisition Act, 1894 {“the Act” for brevity}. In the counter affidavit filed on behalf of the respondent, it is stated that the respondent-Corporation decided to construct cement concrete road in the land of the petitioner, within the municipal limits. It is submitted that when the Municipal Corporation approached the petitioner, the petitioner raised objection to lay the road. As such, taking into consideration the objection raised by the petitioner, the work was stopped. It is further stated that the respondent will initiate action, after due consultation with the petitioner. In view of the statement made by the respondent-Corporation in the counter affidavit, the ownership and title of the petitioner is not denied. The property belonging to the petitioner is required for construction of road. It is open for the respondent either to negotiate with the petitioner and take the land for public purpose or to initiate Land Acquisition proceedings. But in the absence of the same, it cannot construct roads in the said land. As the respondent has already stopped construction and as it is stated in the counter affidavit that they will proceed with the construction, only after taking permission from the petitioner, I deem it appropriate to dispose of the Writ Petition directing the respondents not to construct any road without following due process of law. Subject to the above direction, the Writ Petition is allowed. It is further made clear that this order will not preclude the respondent either to take the land by negotiating with the petitioner or acquire the land by initiating proceedings under the Act. There shall be no order as to costs. ___________________ (R.SUBHASH REDDY, J) 17th December 2009 RRB