IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22735 of 2008 Between: E.C.E. Industries Ltd. Rep. by its Chief Executive (Transformer Div.) S.C. Agarwal, Ashok Marg, Sanath Nagar, Hyderabad - 500 018. ..... PETITIONER AND 1 The Greater Hyd. Municipal Corporation Rep. by its Commissioner, Tank Bund Road, Hyderabad. 2 The Assist. City Planner Town Planning Section, Circle X Khairatabad, Hyderabad. .....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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the high handed action of the respondents in demolishing and contemplating to take over the possession of the property of the petitioner company covered under registered sale deed document Nos.1004 / 65 an extent of 30,021.10 sq.yards in Sy.No.74 and 76, doc.1005/65 an extent of 30,181.10 sq. yds. in Sy.No.76, Doc.No.1006 an extent of 28,563.88 sq.yards in Sy.No.74, Doc.No.1007 an extent of 24,340.53 sq.yards in Sy.No.74, 1008/65 an extent of 21,074.99 sq.yards in Sy.No.75, Fateh Nagar, Hyderabad as illegal, arbitrary, contrary to the provisions under Section 146 & 147 of the Hyderabad Municipal Corporation Act. 1955 and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondent to deop the proposals of road widening of the Sanath Nagar R.O.B. (Bora Banda) to Don Bosco Public School Road. Counsel for the Petitioner:SMT.G.JYOTHI KIRAN Counsel for the Respondents:SMT.KALPANA EKBOTE The Court made the following : ORDER: This writ petition has been ﬁled by E.C.E. Industries Limited, represented by its Chief Executive, assailing the action of the respondents in trying to demolish the compound wall in the process of road alignment. The writ affidavit, in brief, is as follows: Sri S.C.Agarwal has sworn to the aﬃdavit ﬁled in support of the petition. The petitioner company purchased the land under ﬁve registered sale deeds on 15.04.1965. The property purchased by the petitioner company has two approach roads. One is old Bombay road, which is proposed in the master plan as 100 feet and the other is existing 30 feet road from Sanathnagar R.O.B (Bora Banda) to Don Bosco School. The existing 30 feet road from Sanathnagar to Don Basco School is being used by the petitioner- company and the other property owners. On earlier occasion, when the proceedings were initiated under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) by issuing a notiﬁcation under Section 4(1) of the Act, some of the residents ﬁled W.P.No.25245 of 2005. The said notiﬁcation came to be quashed in the said writ petition. The respondents purportedly sent letters to the petitioner company. The petitioner company is not willing to give consent letter. Therefore, the respondents are contemplating to demolish the compound wall without following the due process of law. When the writ petition came up for admission, Smt Kalpana Ekbote, learned Standing Counsel for Greater Municipal Corporation of Hyderabad, received notice on behalf of the respondents. Learned Standing Counsel appearing for the respondents, on instructions, reports that the respondents will follow the due process of law in the event the compound wall constructed by the petitioner is required to be demolished for road widening. In that view of the matter, the Writ Petition is disposed of directing the respondents to follow the due process of law in the event the compound wall of the petitioner is required to be demolished for road widening. No order as to costs. ________________________ B.SESHASAYANA REDDY, J Date:17.10.2008 Note: Issue CC by wire. (Bo) sj