THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.28755 of 2009 ORDER: The petitioner claims to be the owner of property, bearing No.58-1-245, NAD Kotharoad, Visakhapatnam. His grievance is that the respondents are trying to demolish the house for the purpose of widening of the road, that too, on one side of it, without initiating any proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’), or the Hyderabad Municipal Corporation Act (for short ‘the HMC Act’). Heard learned counsel for the petitioner, learned Standing Counsel for the 1st respondent and learned Government Pleader for Land Acquisition. Wherever the property of a citizen is needed for laying, or widening of the road, two options are available for the Corporation. The first is to have recourse to the procedure prescribed under Sections 146 and147 of the HMC Act, and the other is to adopt the procedure under the Act. Either way, the property can be taken, only after payment of compensation. The petitioner states that notifications are not issued under any of the provisions. There cannot be any justification for the 1st respondent in proceeding against the property, unless the prescribed procedure is followed. Hence, the Writ Petition is disposed of, directing that the respondents shall not dispossess the petitioner from any part of his property, unless notifications, or notices, under the relevant provisions of law, are issued and the proceedings are finalized. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.31-12-2009. Note: Communicate operative portion of the order by wire at party’s costs. (B/o) GJ