IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25128 of 2004 Between: Mohd Mustafa Ali S/o late Mohd. Ikram Ali R/o 18-2-269, Jangampet, Falaknama, Hyderabad ..... PETITIONER AND 1 The Commissioenr, Municipal Corporation of Hyderabad, Hyderabad 2 The Additional Commissiner, Municipal Corporation of Hyderabad Secunderabad Division, Secunderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandmaus or any other appropriate Writ, order or direction: a) By declaring the action of the Respondnets in collecting consent letters onlyfrom the landlord/owner of the petitioenr and not from the petitioner (tenant) as per section 146 and 147 of HMC Act, as illegal and unconstitutional b) to direct the respondents notot acquire petitioenr's property bearing No. 4-1-172, Size 12 X 11 teet, comprising of ground floor at Subash Road, Secunderabad, bounded on North by Main Road, South by Neighbour's Property East by Neighbour's property bering No. 4-4-173 and West by Neighour Shop belongs to Omkari Prabhu bearing No. 4-1-172 without initiating land Acquisition proceedigns or without obtaining petitioners's consent c)to direct the respondnets not todemolish the petitioner's property bearing No. 4-1-172, size 12X11' feet comprising of ground floor at subash Road Secunderabad bounded on North by Main Road, South by Neighbours property East by Neighbour's property bearing NO. 4-1-173 and West by Nieghbour shop belongs to Omkari Prabhu bearing No. 4-1-172till the disposal of the Writ Petition. Counsel for the Petitioner: MR.WASIM AHMED KHAN Counsel for the Respondents: SMT.G.JYOTHI KIRAN The Court at the stage of admission made the following: THE HONOURABLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.25128 OF 2004 ORDER: It is submitted by the learned counsel for the petitioner and admitted to by the learned Standing Counsel for the respondent-Corporation that the subject matter in this writ petition is squarely covered by the judgment of this Court in W.P.No.21198 of 1997 and batch, dated 3.2.1998 which was disposed of issuing certain directions to be followed by the Municipal authorities, Panchayat authorities and Revenue authorities for acquiring the land for road widening and/or for public purpose. Inter alia, the following directions were issued by the Division bench: 1. Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossesses or evict the occupants or demolish the property. 2. If the authorities concerned want to take action for eviction/dispossession of the occupants or demolition they shall issue 60 days prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections if any from the occupants. On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment or unauthorized occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants. 3. In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith. 4. If the demolition is in respect of local bodies’ Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction. 5. In case of demolition of private property, the authorities concerned shall determine the loss caused to the occupants on the basis of the assessment to be made by the Engineer of R & B Department and on such assessment of damages, the concerned authorities shall take appropriate steps to disburse the amount quantified forthwith. The respondent-Corporation before effecting any demolition of the houses of the petitioner, shall follow the above directions. The writ petition is disposed of accordingly. No costs. 30.12.2004. Note: Issue Operative portion by wire. B/o. mdaa/ksr. Copy to: 1 The Commissioenr, Municipal Corporation of Hyderabad, Hyderabad 2 The Additional Commissiner, Municipal Corporation of Hyderabad Secunderabad Division, Secunderabad 3. Two C.D.copies.