THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION Nos. 26037, 26055, 26223, 26226 AND 26228 OF 2005 Dated: 07-12-2005 Between S. Md. Yousuf, S/o. Late S.K. Rahamathulla, Occ: Retired Teacher, R/o. D.No.6/263, K.M.H. Road, Cuddapah City and District and others. …PETITIONERS AND The Municipal Corporation of Cuddapah, represented by its Commissioner, Cuddapah, Cuddapah District and others. …RESPONDENTS COMMON ORDER: All these writ petitions are filed seeking a Writ of Mandamus to declare the action of the respondents in dispossessing the petitioners and demolishing their respective premises for the purpose of road widening without following due process of law as illegal. Learned counsel for the petitioners submits that the petitioners are the owners of different premises in Kadapa town and municipality. The Kadapa municipality has been recently upgraded as Municipal Corporation. In view of the traffic congestion and to have free flow of traffic the Kadapa Municipal Corporation has decided to widen the roads, for which they have identified 26 roads in the entire Kadapa municipal corporation. Learned counsel for the petitioners further submits that the petitioners are not at all against the road-widening programme of the respondents and they have no objection for the said programme if their lands are acquired and if proper compensation is paid. The only grievance of the petitioners is that the respondents without issuing any notices, without paying any compensation for their structures or the lands and without following due process of law, are threatening the to demolish the existing structures of the petitioners for the purpose of road-widening. The learned counsel for the petitioners further submit that the action of respondents without following the due procedure prescribed under law and without paying any compensation either by way of private negotiations or by way of initiating proceedings under the Land Acquisition Act is utter violation of the principles of natural justice as well Sections 146 and 147 of the Municipal Corporation Act (for short ‘the Act’). This Court disposed of number of writ petitions directing the respondents not to demolish the houses of the private citizens without following due process of law. Having regard to the facts and circumstances of the case, these writ petitions are disposed of directing the respondents not to demolish the structures or take away any portion of the properties of the petitioners and not to dispossess them without following due process of law under Sections 146 and 147 of the Act or private negotiations or initiating the proceedings under the Land Acquisition Act, 1894. No costs. ______________ V. ESWARAIAH, J December 7, 2005 Note: Furnish C.C. of the order by 09.12.2005 (B/O) DSK