THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP No. 11845 of 2002 ORDER: This writ petition has been filed by two residents of Chowlapalli village, Atmakur Mandal in Warangal District seeking directions to the respondents not to demolish their dwelling houses without following the due process of law. The two petitioners state that they are the owners and possessors of a residential premises bearing No. 1-86 situated at Gram Panchayat Chowlapalli village in Atmakur Mandal, Warangal District. According to them, they have constructed this house nearly 40 years back. But, however, on 29.6.2002, the Panchayat Raj Engineering personnel with the assistance of the local gram panchayat have marked a portion of this house which requires to be demolished for purpose of widening the existing road. This prompted the writ petitioners to institute the writ petition inasmuch as the respondents have not acquired any land for widening the road. If the existing road was required to be widened, the State or its instrumentalities cannot go about unilaterally demolishing the houses adjoining any such road, without acquiring the land or without obtaining the free consent of the owner of the land or building or structure standing thereon. It is a different matter if the owner of the land or structure accords his consent for its demolition. However, without acquiring the right, title and interest over the land which forms part of the proposed extent of widening of the existing road, no structure should be attempted to be demolished. As of now, a mere marking of the structure of the writ petitioners alone had taken place. Therefore, the respondents are directed not to demolish the dwelling unit of the writ petitioners for the purposes of widening the road without either their obtaining consent or without acquiring the right, title and interest over the land forming part of the proposed extent of widening of the existing road. With this observation, the writ petition stands disposed of. No costs. ------------- knk 30.03.2010