IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9550 of 2008 Between: Sri Ashay S.Pitti S/o.Sri Sharad B. Pitti R/o.6-3-648 Somajiguda Hyd ..... PETITIONER AND 1 The Govt of A.P rep.by its Principal Secretary Municipal Department, A.P.Secretariat Hyderabad,A.P 2 The G.H.M.C Rep.by its Special Officer/Commissioner Hyd,A.P 3 The Dy. Commissioner Serilingampally G.H.M.C R.R Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue order, direction or writ one in the nature of Mandamus declaring the action of the respondents in dumping the material and also taking steps to level the land in Sy.No.142 Nanakramguda(V) Srilingampally,R.R Dist belonging to the petitioner for the purpose of laying road without initiating any proceedings under L.A act is arbitrary illegal and violative of Article-300-A of the constitution of India. Counsel for the Petitioner : Sri Gummala Vijaya Kumar Counsel for Respondent No.1 : GP for Municipal Admn. & Urban Dev. Counsel for respondent Nos. 2 and 3 : Smt. Kalpana Ekbote The Court made the following ORDER: In [aphc1]this case, the grievance of the petitioner is that the respondent-Greater Hyderabad Municipal Corporation has been seeking to acquire his land[aphc2] for the purpose of laying the road, without invoking the provisions of the Land Acquisition Act, 1894 and that the respondent-Corporation has been offering meager amounts as compensation for the land sought to be taken possession of by them. It is further asserted that the value offered by the Corporation is, in fact, less than the value prevailing for the land as also the value fixed by the revenue establishment of the State Government and, hence, the petitioner is not interested in agreeing to receive the compensation offered by the respondent-Corporation and deliver possession of his land. It is needless to observe that the Municipal Corporation cannot take possession of the property owned by the citizens without recourse to law. The respondents are, therefore, directed to follow the procedure available either under Section 146 read with 147 of the Hyderabad Municipal Corporations Act, 1955 or under the Land Acquisition Act, 1894 and acquire the land in question and without adopting such a procedure, they should not insist upon the petitioner to part with the possession of his land. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 29th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} [aphc1] [aphc2]