THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.2948 OF 2006 DATED: 03-04-2006 BETWEEN Tadanki Ramadasu, S/o. Late T.K. Prasad Rao, Proprietor, Thirumala Medical Stores, D.No.22-1-39, P.R. College Road, Kakinada and others. …PETITIONERS AND District Collector, East Godavari District at Kakinada, and another. …RESPONDENTS ORDER: This writ petition is filed to declare the proposed action of the respondents in proceeding with the demolition of the shops of the petitioners bearing D.Nos.22-1-39, 22-1-40, 22-2- 14/1, 22-2-14/2, 22-2-14/3, 22-2-14/4, 22-2-14/5, 22-2-14/6, 22-2-14/7, 22-2-14/8, 22-2-14/9, 22-2-14/10, 22-1-4 and 22-1-4/1 situated on eastern side of P.R. College Road, Kakinada excluding the buildings situated on the western side of P.R. College Road, as illegal and arbitrary. Learned counsel for the petitioners submits that the petitioners are eking out livelihood by doing business in the premises of Theosophical Society, P.R. College, Kakinada in the rented shops bearing aforementioned door numbers and paying the rents regularly to the said society. The erstwhile Kakinada Municipality was recently upgraded as a Corporation. The respondents with a view to ease the traffic congestion and thereby ensure free flow of traffic have taken up the job of road widening on all the main roads of Kakinada. Learned counsel for the petitioners further submits that the subordinates of the respondents visited the premises of the petitioners on 02.02.2006 and gave markings to the said shops. The respondents have taken the land of the P.R. College of an extent of more than 15 feet enabling them to demolish the shops of the petitioners to make it appear that the compound wall of the said college is in the same alignment of the proposed demolition without touching the nursing home and hotels situated on the other side of the road even after marking to an extent of 5 feet. The main grievance of the petitioners is that the respondents have not issued any notice before deciding to demolish the said building and they are trying to demolish the building for the purpose of widening the road without acquiring the property as contemplated under Chapter V of Hyderabad Municipal Corporation Act or under Land Acquisition Act, without following the due procedure prescribed under law and without paying any compensation either by way of private negotiations or by way of initiating proceedings under the Land Acquisition Act is utter violation of the principles of natural justice as well as Sections 146 and 147 of the Municipal Corporation Act (for short ‘the Act’). No doubt widening/laying of the road is in the public interest but while laying the road, if any property of private individual is coming in the way, it is for the respondents to acquire the same either by way of initiating land acquisition proceedings or by following due process of law. Having regard to the facts and circumstances of the case, the respondents are directed not to demolish the structures of the petitioners and not to dispossess them without following due process of law either under Section 146 or 147 of the Act or by private negotiations or by initiating the proceedings under the Land Acquisition Act, 1894. The writ petition is accordingly disposed of. ______________ V. ESWARAIAH, J April 3, 2006 DSK