IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 2869 of 2001 Between: Chandana Anand, S/o. Ch. Kannam Naidu, R/o. Sundara Narayana Puram Colony, Parvathipuram Municipality,] Vizianagaram. ..... PETITIONER AND 1 The District Collector, Vizianagaram. 2 The Executive Engineer R & B., Vizianagaram. 3 The Deputy Executive Engineer R & B., Vizianagaram. 4 The Mandal Revenue Officer, Parvathipuram, Vizianagaram. 5 The Paravathipuram Municipality, Parvathipuram, Vizianagaram. .....RESPONDENT(S) 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 to issue a Writ of Mandamus declaring the action of the respondnets herein in seeking to demolish the Petitioner's Building comprising of Tiled Roof house with appertunent vacant land bearing Municipal Assessment No. 4215 and Door No. 14-88 situated at Main Road, Parvathipuram,Vizianagaram, without initiating any proceedings either under Land Acquisition Act or under the Land Encroachment Act on any such enactment having force of law, as illegal, arbitrary and unjust by issuing appropriate wirt, order or direction and pass Counsel for the Petitioner:MR.R.BRIZ MOHAN SINGH Counsel for the Respondent No.: MR.S.NAGESH REDDY The Court made the following : ORDER: It is the case of the petitioner that he is the owner of the property bearing D.No.14-88 situated at Main Road, Parvathipuram, Vizianagaram District and that a portion of the said land is sought to be demolished, for the purpose of widening of the road by the respondents, without following due process of law. If any portion of the land/building is required for the purpose of widening of the road, I am of the opinion that unless compensation is paid for land and structures in accordance with law, either by way of private negotiations or by way of initiation of Land Acquisition proceedings, the petitioner cannot be deprived of his right over the property. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to resort to any demolition activity over the property of the petitioner, without following due process of law. No order as to costs. -------------------------- V. ESWARAIAH, J DATE: 27.3.2008 CVM