IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16333 of 2002 Between: 1 P.Sankar Reddy, S/o. Narayana Reddy, 42/126, N.R.Peta, Kurnool. 2 P.Madan Mohan Reddy, S/o. P.Sankar Reddy, N.R.Peta Village, Kurnool. 3 K.Krishna Reddy, S/o. K. Seshi Reddy, Bheemavaram Village, Alampur Mandal, Mahaboobnagar District. 4 Y.Raghavender Reddy, S/o. Venugopal Reddy, 26/249, Kurnool. 5 Joginder Singh, S/o. Gurumukh Singh, Kurnool. 6 G.Ramanatham, S/o. Obarior, N.R.Peta Village, Kurnool. 7 R.Sheshapani, S/o. Lakshmaiah, N.R.Peta Village, Kurnool. 8 A.Srinivasulu, S/o. Peddi Naganna, 38/123, Erra Burugu, Kurnool. 9 B.Venkatramudu, s/o. Pedda Venkanna, Dinnedevarapadu Village, Kurnool Mandal & District. ..... PETITIONERS AND The Kurnool Municipal Corporation, Rep. by its Commissioner, Kurnool. .....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 issue a Writ Mandamus or any other appropriate writ or order or direction holding that the action of the respondent in widening the road from 33 feet to 100 feet in S.No.611 of Kallur Village and Mandal, Kurnool District without following the due process of law as illegal, arbitrary, unreasonable and opposed to Article 300-A of the Constitution of India and further direct the respondent to pay the compensation under provisions of the Land Acquisition Act. Counsel for the Petitioners: MR.K.SOMA KONDA REDDY Counsel for the Respondent: MR.A.SREEDHAR The Court made the following : ORDER : In this Writ Petition petitioners seek directions by way of Mandamus to declare the action of the Respondent Corporation in seeking to widen the 33 feet road into 100 feet road affecting the land of the petitioners in Sy.No.611 of Kallur Village and Mandal, Kurnool District, as illegal and arbitrary. The petitioners, nine in number, claimed to be the owners of the house sites in Sy.No.611 of Kallur Village. It is their grievance that shifting of originally approved road of 100 feet wide from the northern side of Sy.No.611 to the southern side of Sy.No.611 and widening it from 33 feet to 100 feet without acquiring the land of the petitioners is illegal and arbitrary. Counter-affidavit is filed by the Commissioner on behalf of the Kurnool Municipal Corporation. In the counter-affidavit it is stated that proposed 100 feet road as per the Master Plan prepared under Urban Areas Development Act, 1975 is passing through the land in Sy.No.611. It is stated that the Respondent Corporation is not widening the road from 33 feet to 100 feet without applying the provisions of the Land Acquisition Act. Merely because in the Master Plan, road width is shown as 100 feet, petitioners cannot seek compensation at this stage. As the Respondent Corporation has stated in the counter-affidavit that they cannot widen the road from 33 feet to 100 feet without acquiring the land under the provisions of the Land Acquisition Act, I dispose of the Writ Petition directing the Respondent Corporation that in the proposed widening of the road from 33 feet to 100 feet as per the master Plan, if the land of the petitioners is to be affected, the same shall be implemented only by acquiring the land to the extent required as per the Land Acquisition Act. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 03rd July, 2009. skmr