IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31960 of 2011 DATED:03.12.2011 BETWEEN SUKHAVASI SIVA RAMA KRISHNA SATYA PRASAD & OTHERS ... PETITIONERS AND THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM ...RESPONDENT The Court made the following order: THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31960 of 2011 ORDER: Heard the learned counsel for the petitioners and the learned Standing Counsel for respondent-Corporation. The petitioners have approached this Court by ﬁling this writ petition apprehending that their shops and houses abutting on the main road leading from Pendurthy junction to Visakhapatnam, are likely to be demolished without following due process of law. The petitioners have ﬁled photographs of the properties showing markings alleged to be made by the respondent- Corporation officials for the proposed road widening. The petitioners assert that no notice of what so ever, was given to them nor they have given their consent for the said proposal for the purpose of widening of the road and unless the respondent-Corporation follows due process of law, the authorities should not demolish any of the properties. On the other hand, the learned Standing Counsel submits that in all the issues relating to road widening, the respondent- Corporation is following due process of law and no demolition is resorted to, in violation of the provisions of Hyderabad Municipal Corporation Act. Considering the contentions on either side, it cannot be disputed that the respondent-Corporation can acquire any property of the citizens either by consent or by resorting to compulsory acquisition under the provisions of the Land Acquisition Act. The provisions of section 147 and 148 of the Hyderabad Municipality Act, which deal with the acquisition by consent, provide for issuance of notice and obtaining consent of the eﬀected parties before acquiring the property and taking up the demolition. In the present case, as stated by the learned Standing Counsel, if the respondent-Corporation desires to take action for road widening, they shall follow the due process of law either by acquiring the eﬀected property by consent as provided under the provisions of Hyderabad Municipal Corporation Act or the process of compulsory acquisition under the Land Acquisition Act. Till the process is fulﬁlled, the petitioners’ properties as mentioned in the prayer above, shall not be demolished for the purpose of road widening or acquisition by the respondent- Corporation. Accordingly, the writ petition is disposed of. There shall be no order as to costs. __________________________ JUSTICE VILAS V. AFZULPURKAR DATED:03.12.2011 Note: CC on Wednesday (BO) GURC THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31960 of 2011 DATED:03.12.2011