THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.10537 OF 2008 ORDER: This writ petition has been filed seeking directions to the respondents not to demolish the structures in premises bearing H.Nos.38-40-96 and 38-40-98, situated at Main Road, Marripalem, Visakhapatnam District, without issuing any notice and without following any procedure. It is alleged by the writ petitioners that the respondent - Greater Visakhapatnam Municipal Corporation has undertaken execution of Rapid Bus Transport System and for the purpose of providing the necessary width for the abovementioned System on the Marripalem main road, it has undertaken a survey and marked on their buildings, in which process, as large a chunk as 132 sq.yards in the premises bearing No.38-40-06 and 244 sq.yards in the premises bearing No.38-40-98 are being effected. It is their claim that the Corporation has not issued any notice while trying to execute or implement the said System and they have also not issued any notices to them and also that they have not followed the procedure prescribed under the provisions of the Hyderabad Municipal Corporations Act, in particular, under Sections 146 and 147 of the Act. Sri N. Ranga Reddy the learned Standing Counsel, who takes notice on behalf of the respondent Corporation, asserts that the respondent Corporation has merely identified the structures standing on the main road that are likely to be effected, which is a preliminary exercise and that the Corporation would not demolish any of the existing structures without following the procedure prescribed either under Sections 146 and 147 of the Hyderabad Municipal Corporations Act or the provisions under Sections 4 and 6 of the Land Acquisition Act. The Corporation is bound to follow the procedure prescribed as noted supra, before it proposes to divest it’s citizens of their valuable right to property. After all, no citizen can be divested of his right to retain his property, without following the due process of law. Hence, the writ petition is disposed of directing the respondent Corporation to follow the procedure prescribed in terms of Sections 146 and 147 of the Hyderabad Municipal Corporations Act or Sections 4 and 6 of the Land Acquisition Act before dealing with the properties of the petitioners. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 2nd May 2008