IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 7636 of 2005 Between: 1 Gudesa Venkateswara Rao, S/o.Late Guruswamy, R/o.13-6-35/1, Pulligedda Street Kothapeta, Vizianagaram. 2 Gudesa Kasthuri Bhai W/o.Gudesa Venkateswara Rao R/o.13-6-35/1, Pulligedda Street Kothapeta, Vizianagaram. ..... PETITIONERS AND 1 The Commissioner, Vizianagaram Municipality Vizianagaram. 2 The Town Planning Officer, Vizianagaram Municipality, Vizianagaram. 3 The District Collector Vizianagaram. .....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 action of the respondent authorities in demolishing the petition's building bearing door Nos.15-2-3 and 15-2-2 situated in T.S.No.126, 1263,1265 and 1265 of K.S.Ward, M.G.Road, Vizianagaram Municipality, Vizianagaram District without payment of any compensation and not expanding the road expansion equally on both the sides of the road as arbitrary, illegal, null and void and contrary to the Article 300 (A) of the Constitution of India and against the norms of Public policy and principles of natural justice and issue consequential direction directing the respondent authorities to follow the due process of law either under the land acquisition act or any other such act as applicable and to pass such other order or orders. Counsel for the Petitioner: Mr.VENKATESWARA RAO GUDAPATI Counsel for the Respondents: Mr.S.NAGESWARA REDDY GP FOR LAND ACQUISITION The Court made the following : ORDER: Heard learned counsel appearing for the petitioners; learned Government Pleader for Land Acquisition; and the learned counsel appearing for the respondents. 2. It is the case of the petitioners that they are the owners of the premises bearing Door Nos.15-2-3 & 15-2-2 situated in T.S.Nos.126, 1263, 1265 of K.S.Ward, M.G.Road, Vizianagaram municipality and District and a portion of the said buildings/property is sought to be taken away/demolished for the purpose of expanding the existing road without acquiring the land either by way of private negotiations or by following due procedure prescribed under law under the provisions of the Land Acquisition Act ( for brevity, ‘the Act’). 3. Counter has been filed stating that for implementation of the road widening programme the existing road is sought to be widened and therefore certain markings have been made affecting the portion of the road for the purpose of widening of the road from 50ft to 60 ft. 4. If any portions of the road are required for the purpose of road widening it is always open for the respondents to acquire the required portions of the land, but without paying compensation either by way of private negotiations or by acquiring the same land under the Act the buildings of the petitioner cannot be demolished. 5. This Court while admitting this Writ Petition directed the respondents not to demolish without following due process of law. Having regard to the facts and circumstances, respondents are directed not to demolish or take away any portion of the buildings of the petitioner without following due process of law. 6. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 13th March, 2008 Tsy