THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.7503 of 2007 Date : 4-2-2008 Between : Chintala Tirupathi .. Petitioner And The Singareni Collieries Ltd., Represented by its General Manager, Ramagundam III area, Ramagundam, Karimnagar District and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.7503 of 2007 ORDER: 1. The Writ Petition is filed for a Writ of Mandamus by declaring the action of the respondents in trying to demolish any portion of petitioner’s house property bearing H.No.10-1-108/3, situate at New Maredpaka, within the limits of Ramagundam Municipality, without issuing any notice or without initiating any proceedings either under Land Acquisition Act or any other Act, as illegal, arbitrary and unconstitutional besides being violative of the procedure established under law and to pass such other suitable orders. 2. Heard the Counsel on record. 3. It is stated that the petitioner is a landless poor person and as such in the year 1980 on a representation made to the revenue authorities for grant of agricultural land the Government of A.P. was pleased to assign agricultural land to an extent of Acs.3.13 guntas in Sy.No.225/2, situate at Allur village of Ramagundam Mandal for agricultural purpose and since 1980 the petitioner is in possession and enjoyment of the property by developing the same. It is further stated that the petitioner’s lands are very close to Ramagundam Municipality and earlier the petitioner was a resident of Maredupaka village and the entire village was occupied by Singareni Collieries and the petitioner constructed two houses in his agricultural land which was assigned to him and a house number was also allotted by the Ramagundam Municipality vide H.No.10-1-108/3 and assessed the property tax. It is also stated that earlier NTPC had acquired the land to an extent of Ac.0-19 guntas and paid the money out of total extent of Ac.3.13 guntas in Sy.No.225/2. Further it is stated that while matters stood thus, the respondents 1 and 2 are proposing to widen the approach road from 8th incline to new Maredupaka i.e., from Sector III colony to rehabilitation site and thereby the two houses of the petitioner and some extent of land property is going to be affected. The 3rd respondent also issued notification for acquiring the adjacent lands/house properties for the purpose of widening of the approach road without including the petitioner’s property which is going to be affected on the ground that the land was an assigned land. It is further stated that a larger Bench Judgment of this Court held that the assignees of the assigned lands/claimants are entitled for compensation under the Land Acquisition Act and hence the action of the respondents in trying to demolish the property of the petitioner for the purpose of widening the road without following the due process of law is illegal, void and ab initio and contrary to Articles 14, 21, 300-A of the Constitution of India. It is also further stated that on 16-1- 2007 the petitioner made a representation to the 1st respondent seeking payment of compensation, but there was no communication from the 1st respondent in this regard. It is also further stated that recently i.e., on 6-4- 2007 the officials of the respondents 1 and 2 had visited the petitioner’s premises and directed him to remove the structures of house bearing No.10-1-108/3, situate at New maredpaka to enable them towiden the road due to which the two houses of the petitioner and some extent of the land property will be affected. The proposed action of the respondents is without following the due process of law and without initiating any proceedings under the Land Acquisition Act. Since the date of assignment, the petitioner is in peaceful possession over the land property and after construction of a house, the house was assessed and house number also was allotted by the Ramagundam Municipality in the name of the petitioner. It is specifically stated that the respondents may demolish the property of the property at any time and may lay road on his property and therefore the action of the respondents in seeking to widen the road by demolishing the petitioner’s property without issuing any notice or without initiating any proceedings either under the Land Acquisition Act or under any other Act is illegal, arbitrary and unconstitutional. 4. Counter affidavits are filed by the 1st respondent and also by the respondents 2 and 3. Several of the facts had been denied and in para-7 of the counter affidavit of the 1st respondent it is stated that it is false to allege that the respondents may demolish the property at any time and lay road on his property without issuing any notice or without initiating any proceedings either under Land Acquisition Act or under any other Act. The respondents have no intention or plan to demolish the houses of the petitioner without following the procedure. 5. In the counter affidavit filed by the respondents 2 and 3 it is stated that the 1st respondent Company gave requisition to the District Collector , Karimnagar for alienation of certain portion of the Government land in Sy.No.225 of Allur village. The 1st respondent company also gave requisition for acquisition of private land for widening of the road. It is specifically denied that on 6-4-2007, the officials of the 1st respondent visited the houses of the petitioner and directed him to remove the structures in the Government land assigned to him and the respondents have no intention or plan to demolish the houses of the petitioner without following the procedure. Some further averments were made in paras 6 and 7 of the counter affidavit as well. 6. In the light of the specific stands taken in para- 7 of the counter affidavit of the 1st respondent and in para- 5 of the counter affidavit filed by the respondents 2 and 3, this Court is of the considered opinion that the Writ Petition be disposed of directing the respondents not to demolish or disturb the subject matter of the Writ Petition unless and until the due procedure is followed. 7. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 4-2-2008 AM