THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5728 of 2007 ORDER: The petitioner owns property bearing No.7-6-48, situated at M.G.Road, Vizianagaram. The width of the road was 45 feet when the petitioner made the construction. On the basis of permission accorded by the Government, Vizianagaram Municipality and the Roads and Buildings Department initiated steps for widening the road to 60 feet. The petitioner states that himself and others have given their consent to leave the required set back without claiming any compensation. It is stated that the petitioner had demolished voluntarily the affected portion and renovated the road facing part of the building to enable the respondents to widen the road to 60 feet. The grievance of the petitioner is that the respondents have initiated steps for widening the road to 80 feet and in the process, are trying to demolish the building. It is stated that neither any proceedings for acquisition of the affected portion were initiated nor any compensation was paid. Respondent No.2 filed a counter-affidavit stating that the road widening work is undertaken by them at the instance of the Municipality. No counter-affidavit is filed by respondent No.3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. In all fairness, the petitioner had left the set back to enable the respondents to widen the road from 45 feet to 60 feet. It is stated that he incurred expenditure for demolition, as well as renovation of the leftover building. In case the respondents wanted to widen the road further, they ought to have taken the consent of the petitioner or acquired the affected portion under the relevant provisions of law. There cannot be any justification for proposing to demolish the building of the petitioner. The record discloses that no interim orders were passed by this Court. It is not known as to whether the work of the widening has since been executed and whether the petitioner was paid any compensation. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing that in case the premises bearing No.7-6-48 owned by the petitioner are demolished by the respondents for widening of the road from 60 feet to 80 feet, and the petitioner was neither paid compensation nor has given consent, the respondents shall be under obligation to pay the compensation for the affected portion, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:17.03.2011 kdl