THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.3982 OF 2006 Dated: 02-03-2006 Between Haji Jakaria Haji Ebrahim, A regd. Partnership Firm, Rep. by its Managing Partner, Jamal Haji Jakaria, S/o. Haji Jakaria, R/o. D.No.37-1-15, 37-5-5 And 37-6-27, Main Road, Kakinada, East Godavari District. …PETITIONER AND The Municipal Corporation of Kakinada, Rep. by its Commissioner, Kakinada and another. …RESPONDENTS ORDER: This writ petition is filed to declare the action of the respondents in widening the roads by demolishing the petitioner’s building D.No.37-1-15, 37-5-5 and 37-6-27, Subhash Road, Main Road, Kakinada without any notification, without payment of any compensation and without initiating any action under the provisions of Section 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 or under the provisions of the Land Acquisition Act or by private negotiations as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to demolish the buildings of the petitioner for the purpose of the road widening. Learned counsel for the petitioner submits that the petitioner-firm is the absolute owner and possessor of the building bearing Door D.No.37-1-15, 37-5-and 37-6-27, Subhash Road, Kakinada, East Godavari District. The erstwhile Kakinada Municipality was recently upgraded as a Corporation. The respondents with a view to ease the traffic congestion and thereby ensure free flow of traffic have taken up the job of road widening on all the main roads of Kakinada. Learned counsel for the petitioner-firm further submits that at the instance of the first respondent, the second respondent has got the markings made on all the buildings and structures on either side of the roads popularly known as main road, Raja Ram Mohan Roy Road, Jawahar Street (temple street) Cinema Street etc., on the main road demarcation was done to an extent of 15 to 17 feet on either side and on other roads it was about 10 feet on either side. The main grievance of the petitioner is that the respondents have not issued any notice before deciding to demolish the said building and they are trying to demolish the building for the purpose of widening the road without acquiring the property as contemplated under Chapter V of Hyderabad Municipal Corporation Act or under Land Acquisition Act, without following the due procedure prescribed under law and without paying any compensation either by way of private negotiations or by way of initiating proceedings under the Land Acquisition Act is utter violation of the principles of natural justice as well as Sections 146 and 147 of the Municipal Corporation Act (for short ‘the Act’). No doubt widening/laying of the road is in the public interest. 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. Having regard to the facts and circumstances of the case, the respondents are directed not to demolish the structures or take away any portion of the property of the petitioner-firm and not to dispossess it without following due process of law either under Section 146 or 147 of the Act or by private negotiations or by initiating the proceedings under the Land Acquisition Act, 1894. With the above direction, the writ petition is disposed of at the admission stage. No costs. ______________ V. ESWARAIAH, J March 2, 2006 DSK