IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25539 of 2008 Between: Mohd. Abdul Wajid S/o. Mohammad Abdul Samad R/o. 18-1-514/MN/32, Mohammad Nagar, Narqui Phool Bagh, Chandrayangutta, Hyderabad. ..... PETITIONER AND 1 The Commissioner Greater Hyderabad Municipal Corporation Lower Tank Bund, Hyderabad. 2 Chief City Planner GHMC Lower Tank Bund, Hyderabad. 3 Assistant City Planner GHMC Circle - I Sardar Mahal Charminar, 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, order or direction in the nature of mandamus declaring the action of the respondents planning to divert the canal into /via Naseeb Nagar on western side, in an odd manner without any enquiry regarding main stream of the canal through Sy. 148 part or even without removal of encroachments on other eastern side of canal for restoration of main stream adjoining Iqbal Gulshani Colony is illegal arbitrary discriminatory and violative fundamental rights of petitioner besides principles of natural justice and consequently direct the respondents to pay damages for demolition of compound wall of the petitioner by restoring the canal main stream through removal of encroachments in the light of Survey report. Counsel for the Petitioner:MR.M.PRAVEEN KUMAR Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: The petitioner is a resident of Mohammadnagar, Narqui Phool Bagh, Chandrayangutta, Hyderabad. It is stated that a Nala used to pass through T.S.No.52, correlated to survey Nos.150 and 148/P, nearby his house, and over the years, it has been encroached by various persons. It is stated that the respondents are trying to restore the Nala, and in the process, they are trying to change its direction, affecting the property of the petitioner. Reference is made to the sketch and report submitted by the Mandal Revenue Officer, way back in the year 1999, and the petitioner contends that the respondents are trying to deviate from the same. Heard learned counsel for the petitioner and learned Standing Counsel for GHMC. Though the petitioner states that the respondents are trying to take up the work, learned Standing Counsel submits that, it is only at the survey and inspection stage. It is also represented that the engineering department of the Corporation is undertaking survey and if it becomes necessary to acquire the property of any private individual, further work could be undertaken, only after the concerned property is acquired in accordance with law. Further, the sketch, which is prepared by the revenue department, is also required to be taken into account. Hence, the Writ Petition is disposed of, directing that the respondents shall verify the record, before identifying the course of Nala, or its restoration, and shall issue notice to the petitioner, in case his property is needed for that purpose. There shall be no order as to costs. _______________________ Dt.24.11.2008 L.NARASIMHA REDDY, J GJ