HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.24389 of 2010 Date: 28-6-2011 Between Shaik Dawood Shareef and another … Petitioners and The Govt. of A.P., Rep. by its Principal Secretary, Endowments, Secretariat, Hyderabad and 3 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.24389 of 2010 Order: This writ petition has been filed to declare the action of the respondents seeking to dispossess the petitioners from their respective properties without following due process of law, violating Article 300-A of the Constitution of India as illegal. 2. The 1st petitioner claims to be the owner of property bearing Door No.4-722 situated in Car Street, Srikalahasti, Chittoor district. Similarly, the 2nd petitioner claims to be the rightful owner of the premises bearing Door No.4-721. The petitioners are conducting business in the name and style as “Shareef Fancy Shop”. They also claim to be the residents of the said premises. The premises of the petitioners are situated very near to the famous “Sri Kalahasteeswara Swami Vari Temple”. There occurred an incident on 26-5-2010 when Rajagopuram of the temple collapsed causing damage to the neighbouring buildings. The debris spread out to a distance of 150 to 200 feet around the said structure. The said temple is a very ancient temple of great importance attracting vast number of pilgrims. Therefore, the authorities thought it fit and in fact, it is required as per the temple traditions, to reconstruct the Rajagopuram. It is stated that a Technical Advisory Committee inspected the area on 09-6-2010 and recommended to keep 150 feet vacant space all around the structure to avoid future damages and also to develop the area with landscaping. In pursuance of the recommendations of the said Committee, the Commissioner, Endowments Department, the 2nd respondent herein, by his letter dated 20-7-2010 issued the following instructions: (a) Form Land Purchase Committee with Joint Collector, Chittoor, Executive Officer, Sri Kalahasteeswara Swamy Devasthanam, Joint Executive Officer, TTD, Chief Engineer, TTD, Municipal Commissioner, Kalahasthi and local MRO/RDO as a member. (b) Negotiate and acquire all houses etc., near by the collapsed Gopuram (within 150 – 200 ft at least). (c) Take steps for payment of compensation, evacuate them, demolish all structures and create an open ground. (d) Get a good Architect from Hyderabad or Chennai and ask them to prepare master plan for improving the whole area. (e) Get the estimates for removal of debris is approved and complete the cleaning process. (f) The entire process should be done by 1st August 2010. 3. It is also stated that a company M/s. Navayuga Engineering Company, Krishnapatnam has come forward to reconstruct the structure as a donor with an estimated cost of Rs.40 Crores and accordingly a foundation stone was laid on 29-8-2010. 4. In the meanwhile, even as the matter is resting there, the petitioners have filed this writ petition complaining that the respondents are seeking to take away their properties without either acquiring them in accordance with law or by negotiations. The petitioners contend that the respondents have no authority of law to deprive them of their properties except in accordance with law. 5. The Executive Officer of the temple, 3rd respondent herein, has filed a counter-affidavit. The 3rd respondent, while narrating the aforesaid facts relating to the collapse of the Rajagopuram and the efforts to rebuild the structure with the help of a donor M/s. Navayuga Engineering Company, Krishnapatnam, states that there is no intention to take away the properties of the petitioners and interfere with their possession without following due process of law. It is stated that the 2nd respondent has formed a Land Purchase Committee as per the instructions issued in the letter dated 20-7-2010 consisting of Joint Collector, Chittoor, Executive Officer of the temple and other officials. The said Committee will be approaching the petitioners for negotiations. It is stated that initially after conducting preliminary survey, a meeting was convened with the householders, who are residing within a distance of 150 feet and the negotiations with them are in progress. It is further stated that most of the building owners are willing to handover the sites and the process to acquire necessary land is in progress. It is further stated that the respondents are not threatening the petitioners to surrender their properties nor is there any intention to demolish their properties by using police force. 6. From the aforesaid facts, more particularly from the averments of the counter-affidavit, it is evident that the land is required for reconstruction of the Rajagopuram, but no efforts are being made by the respondents to dispossess the petitioners forcibly. It is needless to say that it is the constitutional mandate of Article 300A of the Constitution of India that no person shall be deprived of his property save by authority of law. Therefore, if the lands of the petitioners are required, the respondents should do so either by negotiating with them or by acquiring the same under the provisions of the Land Acquisition Act, 1894. Except by these methods, no authority is vested in them to dislodge the petitioners from their premises. 7. For the aforesaid reasons, it is held that the petitioners shall not be dispossessed from their respective premises except by following due process of law. The respondents are at liberty to acquire the property either under law or by negotiations with the petitioners. 8. The writ petition is accordingly allowed. No costs. ___________________ NOUSHAD ALI, J. 28th June, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.24389 of 2010 28th June, 2011.