THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.6179 OF 2006 DATED: 28-03-2006 Between Md. Khaleel Ahmed, S/o. Md. Abib, R/o. Khilwath, Hyderabad. …PETITIONER AND The Commissioner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad and others. …RESPONDENTS ORDER: Petitioner seeks a Writ of Mandamus to declare the proposed action of the respondents 1 and 2 to demolish the mulgi bearing Municipal No.22-5-230, situated at Khali Kaman, Guljar House, Hyderabad without giving notice to him for road widening programme as illegal and arbitrary. Heard the learned counsel for the petitioner as well as the learned standing counsel for the respondents. Learned counsel for the petitioner submits that the petitioner is the tenant of the aforementioned premises since a very long time and the same is owned by the third respondent and the rent was enhanced from time to time. The learned counsel further submits that the respondents 1 and 2 in collusion with third respondent intends to acquire the mulgi for road widening programme and the respondents 1 and 2 along with their staff visited the mulgi of the petitioner and threatened him to vacate the premises by removing all his belonging so as to enable the respondents to demolish part of the premises for the purpose of road widening. The main grievance of the petitioner is that the respondents have not issued any notice before deciding to demolish the said shop and they are trying to demolish the shop for the purpose of widening the road without acquiring the property as contemplated under Chapter V of the Hyderabad Municipal Corporations Act, 1955 (for short ‘the Act’) or under the Land Acquisition Act, without following due procedure prescribed under law, which action is utter violation of the principles of natural justice as well as Sections 146 and 147 of the Act. No doubt widening/laying of the road is in the public interest but while laying the road, if any property of private individual is coming in the way, it is for the respondents to acquire the same either by way of initiating land acquisition proceedings or by following due process of law. The petitioner being an interested party, he is entitled for a notice before proceeding to demolish the said shop. This Court disposed of a number of writ petitions directing the respondents not to demolish the houses of the private citizens without following due process of law or private negotiations. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to demolish the premises of the petitioner or dispossess him without following due process of law either under Section 146 or 147 of the Act or by way of private negotiations or by initiating the proceedings under the Land Acquisition Act, 1894. ______________ V. ESWARAIAH, J March 28, 2006 Note: Furnish C.C. of the order by 29.03.2006 (B/O) DSK