IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 15162 of 2001 BETWEEN: Smt. Chandabai, D/o. Veeraiah, W/o. Late Lingaiah,R/o. Gowlipura, Hyderabad. ... PETITIONER AND 1 Assistant City Planner, Circle No.I, Sardarmahal, Hyderabad. 2 Commissioner, Municipal Corporation of Hyderabad, Tankbund Road, 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 more particularly one in the nature of Writ of Mandamus directing the Respondents herein to pay the Compensation to the Petitioner as per the Market Value for the land acquired by them about 600 Sq.Yards from the Petitioner's Premises No.16-6-33/A and vacant land situated at Chadarghat, Hyderabad, following the Judgment of the Division Bench of this Hon'ble Court rendered in W.P.No.21198 of 1997 dt. 3.2.1998, as rendered in the Judgment dt. 30.1.2001 made in W.P.No.1319 of 2001, and pass such other order or orders. Counsel for the Petitioner: MR.SARIKONDA RAMAKRISHNA Counsel for the Respondents: R.RAMACHANDRA REDDY, SC FOR MCH GP FOR MUN. ADMN. & URBAN DEV. The Court made the following: ORDER: Petitioner submits that she is the owner of the premises bearing No.16-6-33/A, Chadarghat, Hyderabad wherein the Government High School, Azampura is located in the said house situated in an extent of 8,785 sq. yards, which is situated in Sy.No.112/1, Ward No.16, Block No.6, Chadarghat adjacent to Police Station, Chadarghat. She further submits that the respondents have taken up road widening program from Chadarghat to Dar-ul-shifa and sought to acquire her land of an extent of 600 sq. yards without following due process of law i.e. without issuing any notice and without obtaining her consent as contemplated under Sections 146 and 147 of the Hyderabad Municipal Corporations Act (for short ‘the Act’). 2. No counter is filed and the averments made in the writ petition have not been rebutted. 3. However, without admitting any of the contentions of the petitioner and without expressing any opinion on the merits of the case, the respondents are directed to not to dispossess the petitioner or acquire any portion of the land of the petitioner without following due process of law under Sections 146 and 147 of the Act. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 10, 2008 DSK