IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 3361 of 2008 Between: ABDUL SAMAD, S/O.Mohd.Ibrahim R/o.H.No.17-2-605/1,Madannapet Mehdipura, Hyderabad. ..... PETITIONER AND Greater Hyderabad Municipal Corporation, rep by its Commissioner, having Head Officeat Tank Bund, Basheerbagh, Hyderabad. .....RESPONDENT 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 to issue a writ more in the nature of Writ of Mandamus declaring the letter vide reference No.67/RW/ACP/C1/MCH/2007 dt.8-8-2007 issued by the respondent and the respondent has no right to take possession of the land without following the Land Acquisition Act, 1894 in respect of the property bearing Muncipal Nos.17-2-605/1, Maddannapet, Mehdipura, Hyderabad, admeasuring 138 sq.yards equivalent to 115 sq.mts situated at Madannapet, Hyderabd, as being arbitrary, illegal and violative of Article 14 of the Constitution of India and issue such other writ or order or directions as deemed fit and proper in the interest of justice. Counsel for the Petitioner:MR.B.V.V.S.MURTHY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORAL ORDER: Heard the learned counsel for the petitioner and Smt. Kalpana Ekbote, the learned Standing Counsel for the respondent- Corporation. On 8.8.2007, the respondent-Corporation requested the petitioner to gift an extent of 32.0 sq.yds of the petitioner’s property bearing No.17-2-605/1, Dhobighat, Hyderabad, for widening of the road, promising to compensate for the structures liable to be demolished in the road widening and in lieu of the gift of land, promising relaxation in terms of construction norms and FSI, as per the Government orders cited therein. According to the petitioner, if he were to gift the specified extent of land, the remnant land would not be viable for any other purposes. The petitioner is not therefore inclined to accede to the request of the respondent-Corporation and seeks a direction to the respondent not to dispossess him without following the due process of law namely; acquisition of the property. In the circumstances and in view of the apprehension of the petitioner, the writ petition is disposed of directing the respondent- Corporation not to interfere with the petitioner’s property or dispossess him from the property in question, without following the due process of law i.e., by taking steps for acquisition. No order as to costs. GODA RAGHURAM, J Date: 19.2.2008 Note: CC as soon as possible BO cvm To 1. Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Having Head Office at Tank Bund, Basheerbagh, HYDERABAD. 2 .2CCs to SC for GHMC 6.2CD copies