IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No : 7775 of 2005 Between: T. Ammaji, W/o Late Laxminarayana, r/o 10-1-44/1, Waltair Uplands, Visakhapatnam. ..... PETITIONER AND 1 Municipal Corporation of Visakhapatnam, rep. by its Commissioner at Visakhapatnam. 2 City Planner, Municipal Corporation of Visakhapatnam, at Visakhapatnam. .....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 of Mandamus or any other appropriate writ and direct the respondents to act in accordance with law and forbear from demolishing any part of the commercial building complex of the petitioner bearing Premises No. 10-1-44/1, Siripuram, T.B. Road , Visakhapatnam without acquiring the same under the provisions of the Land Acquisition Act and in violation of Sections 146 and 147 of Hyderabad Municipal Corporation Act for the alleged purpose of widening of the existing 60' wide road connecting Siripuram junction and Asilmetta and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: Mr.V.VENKATARAMANA Counsel for the Respondents: Mr.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned standing counsel for municipal corporation appearing for the respondents. 2. It is the case of the petitioner that he is the owner of the premises bearing No.10-1-44/1 admeasuring 424 sq.yards situated at Siripuram, T.B.Road, Visakhapatnam. While so, a portion of the said building is sought to be taken away/demolished for the purpose of road widening without following due process of law as contemplated under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955. 3. On 07-04-2005 this Court granted interim stay of demolition of the premises in question. I am of the opinion that if any portion of the land is required for the purpose of road widening it is always open for the respondents to acquire the same either by way of private negotiations or by following due process of law under the Land Acquisition Act. 4. Having regard to the facts and circumstances, Writ Petition is disposed of directing the respondents not to demolish any portion of the building of the petitioner without following due process of law. There shall be no order as to costs. _________________ V.ESWARAIAH,J 13th March, 2008 Tsy