THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. Nos. 28393 and 28710 of 2008 Common order: The petitioners who are having mulgies bearing Nos. 23-2-619 and 23-2-620, situated at Shalibanda Road, Golconda Building, and doing business therein, have filed these writ petitions aggrieved by the action of the respondents in seeking to demolish their mulgies and acquire the land for road widening from 40’ to 80’. It is their case that the width of the road measured from their mulgies to the opposite side of the road, measures 75’ and that there is no necessity to widen the road, and it is their further case that at some places the road is about 55’ and 65’, but the respondents at the instance of their vendor, are trying to demolish the mulgies and acquire the land for road widening. Hence, they seek directions to the respondents not to demolish their mulgies. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition, who advanced his submissions based on the counter filed by respondent No.2. The contention of the petitioners that the respondents are seeking to demolish the mulgies and acquire the land for the purpose of road widening at the instance of their vendors and that there is discrimination in the maintenance of the width of the road at certain places, is specifically denied by respondent No.2 in his counter. It is the specific case of respondent No.2, as is evident from the counter filed by him, that the Assistant City Planner, Circle No. IV, Greater Hyderabad Municipal Corporation, had sent proposals and requested for acquisition of eleven properties, including the properties in question, for the purpose of widening of road from Himmathpura Junction to Chandrayangutta (Charminar to Falaknuma) Shaher-e- Hyderabad village and Bahadurpura Mandal of Hyderabad District, from 40’ to 80’ to avoid traffic jams in the larger interest of the public. That pursuant to the receipt of the requisition, he prepared draft notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) for approval of the properties as requested and sent the same for approval of the District Collector, and upon receipt of the approval from the District Collector on 02.09.2008, he invoked the urgency clause under Section 17(4) of the Act for dispensation of enquiry under Section 5-A of the Act, and published the same in the Hyderabad District Gazette on 05.09.2008, in two newspapers, Andhra Bhoomi and Indian Express on 10.09.2008 and the substance in the locality on 15.09.2008. That thereafter, the draft declaration under Section 6 of the Act, was published in the Hyderabad District Gazette vide the Collector’s Memo No. A/650/2008, dated 22.09.2008, in the Hyderabad District Gazette on 24.09.2008, in the newspapers Vaartha and Indian Express on 26.09.2008. That thereafter, notices under Section 9(3) and 10 of the Act were served on the petitioners vide Memo No. A/650/2008, dated 01.10.2008, fixing the date for award enquiry, and that the petitioners having received the same, attended for the award enquiry before respondent No.2 on 16.10.2008 and sought some time to produce documents, and conceding their request, the enquiry was postponed to 24.10.2008. That again notice dated 17.12.2008 was issued to the petitioners calling upon them to produce documents relating to title for finalizing the award, and in pursuance thereof, the petitioners appeared on 31.12.2008 and produced a document in Urdu. From the stand taken by respondent No.2 in the counter, as noted above, it is clear that so as to avoid traffic jams, in the larger interest of the general public, the road on which the mulgies of the petitioner are situated, is sought to be widened from 40’ to 80’ as per the Road Development Plan of GHMC, at the request of respondent No.1, and not anyone else, much less the vendors of the petitioners. This apart, it is the specific case of respondent No.2 that the entire stretch of the road would be widened from 40’ to 80’ and there would be no discrimination. Further, in the acquisition of the properties for the purpose of road widening, it is not as if the respondents, are acquiring the properties highhandedly. The respondents, have followed the procedure prescribed under the Act, and in fact, issued notices and published them in the gazette and local newspapers and also provided the petitioners and similarly placed persons with opportunity of hearing to participate in the award enquiry. The petitioners also said to have attended the award enquiry, and sought some time to produce documents, and that they having been granted time, produced some document to evidence their title to the property. However, the petitioners concealing the factum of issuance of notification under Section 4(1) of the Act, invocation of urgency clause under Section 17(4) for dispensation of enquiry under Section 5-A o the Act, an issuance of and receipt of notices under Sections 9(3) an 10 the Act, and without questioning the same, filed the present writ petition, stating that their property alone is being acquired while that of others is spared. In the absence of the petitioners questioning the acquisition proceedings, no relief as prayed for by the petitioners cannot be granted, and more so when the respondents in the matter of acquiring the properties of the petitioners and others for the purpose of road widening, have followed the procedure prescribed under the Act. Further inasmuch as all the properties that are coming under the road widening, are being acquired by the respondents, the petitioners neither can complain of any discrimination nor can they complain that the acquisition is being done at the instance of their vendors. For the foregoing reasons, there is no merit in the writ petitions and they are accordingly dismissed. However, as the petitioners are said to have participated in the award enquiry and are said to have submitted documents, respondent No.2 shall pay them compensation, if he is satisfied that they have title to the property. No costs. ________________ N.V. RAMANA, J. Dated: 15th September, 2010 KSR