IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.Nos.7523 & 8646 of 2007 WRIT PETITION NO : 7523 of 2007 Between: 1 K.Poorna Pradeep, s/o Venkateswara Gupta, D.No.2-3-10, Pedana, Krishna District. 2 J.Narayana Murthy, s/o late Venkataramaiah, D.No.3-28-10, Pedana, Krishna District. 3 D.Rama Mohana Rao, s/o late Nagendram, D.No.14-217-13, Pedana, Krishna District. 4 D.Venkata Narasamma, w/o Nagendram, D.No.1-255-10, Pedana, Krishna District. 5 J.Balapurnachandra Rao, s/o late Bhimanajaneyulu, D.No.1-315-10, Pedana, Krishna District. 6 K.Machusachana Rao, s/o late Seshavataram, D.No.3-19-10, Pedana, krishna District. 7 S.Sarjana Rao, s/o late Venkateswara Rao, D.No.8-139-3, Pedana, krishna District. 8 S.Venkateswara Rao, s/o late Venkata Narasimha Rao, D.No.14-215-13, Pedana, krishna District. 9 P.Anand Venkata Subba Rao Gupta, s/o late Venkata Gopala Krishna Murthy, D.No.2-2-10, Pedana, krishna District. 10 K.Srinivasa Rao, s/o Venkateswara Rao, D.No.6-192, Pedana, Krishna District. 11 K.subba Rao, s/o Varada Raju, D.No.8-144-3, Pedana, krishna District. 12 Mamidi Venkateswara Rao, s/o late Satyanarayana, D.No.1/67, Pedana, krishna District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, represented by its Secretary, Roads and Buildings, Secretariat, Hyderabad. 2 The Chief Engineer (R&B), Erramanzil, Hyderabad. 3 Executive Engineer, R&B Department, machilipatnam. 4 The District Collector, Krishna District, Machilipatnam. 5 The Commissioner, Pedana Municipality, Pedana, Krishna District. .....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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents and their subordinates in finalizing the Road Widening Programme of Main Roads i.e., Machilipatnam-Gudivada Road and Pedana-Bantumilli Road in Pedana Municipality, Krishna District without following dur procedure and without acquiring the land under the Land Acquisition Act in Pedana Town, Krishna District is arbitrary, illegal, unfair and against to the Section 172(3) of A.P.Municipalities Act and violation of Articles 19 and 300-A of Constitution of India and consequently direct the respondents and their subordinates not to demolish the structures of the petitioners and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.NARASIMHA RAO GUDISEVA Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS WRIT PETITION NO : 8646 of 2007 Between: 1 V.Hanumath Subramanyam S/o.Venkaiah D.No.3-20-10,pedana,Krishna District 2 Kolluri Lakshmi Satyavathi W/o.Venkata Ratnam D.No.6-191-4, Pedana, Krishna District 3 Kolluri Venkata Ratnam @ Ratnam S./o.Nagabhushnam D.No.6-191-4,Pedana, Krishna District 4 K.Radha Krishna Murthy S/o.kanakayya D.No.1-255-10,Pedana,Krishna district 5 Ch.Tayuru W/o.Babu Rao D.No.15/52-3,Pedana,Krishna District 6 K.Veerayya S/o.Subba Rao D.No.14/43-14,pedana, Krishna District ..... PETITIONERS AND 1 The State of Andhra Pradesh,rep.by its Secretary, Roads and Buildings, Secretariat, Hyderabad 2 The Chief Engineer(R&B), Erramanzil Hyderabad 3 Executive Engineer, R&B Department.,Machilipatnam 4 The Depot Executive Engineer, National Highways Machilipatnam,Krishna District 5 The District Collector, KRishna District Machilipatnam 6 The Commissioner, Pedana Municipality Pedana,Krishna District ....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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents and their subordinates in finalizing the Road widening programme of Main roads i.e. MachilipatnamGudivada Road and Pedana-Bantumilli Road in Pedana Municipality, Krishna District without following due procedure and without acquiring the land under the Land Acquisition Act in Pedana Town, Krishna District is arbitrary, illegal, unfair and against to the section 172(2) of AP Municipalities Act and violation of Articles 19 and 300-A of constitution of India and consequently direct the respondents and their subordinates not to demolish the structures of the petitioners and pass Counsel for the Petitioners:MR.NARASIMHA RAO GUDISEVA Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : ORDER: These two writ petitions are filed questioning the action of the respondents in finalizing the road widening programme of main roads viz., Machilipatnam – Gudivada Road and Pedana – Bantumilli Road in Pedana Municipality, Krishna District without acquiring the affected properties under the Land Acquisition Act and without following due procedure. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Roads and Buildings and perused the material placed before the Court. The grievance of the petitioners is that the respondents have not issued any notice to them about the proposed widening of the road and the requirement of their properties for the said purpose and high handedly trying to demolish their buildings and the local MLA is insisting them to give an undertaking for demolition or for surrender of the land. The Executive Engineer, Roads and Buildings, Machilipatnam as well as the Municipal Commissioner (FAC), Pedana Municipality, have filed counter affidavits. In the counter filed by the Executive Engineer, it is stated that the Engineer-in-Chief has issued Memo No.19683 dated 19.6.2007 directing the department not to take any capital/improvement works on the subject matter of roads and, therefore, the question of the roads and building department taking up of the widening of the said road or improvement of the work on the said road does not arise. In the counter filed by the Municipal Commissioner, Pedana Municipality, it is averred that the authorities have taken up the widening of the road because of the congestion in the traffic and the local MLA has organized a meeting of the owner of the properties situated on the road side and after discussions some of the owners of have voluntarily given their consent for widening of the road. However, the counter does not state as to whether the petitioners herein have also given their consent or not. In the circumstances, it is agreed by the learned counsel for the petitioners as well as the learned Government Pleader to dispose of the writ petitions with appropriate directions. Accordingly, the writ petitions are disposed of directing that in case the petitioners have not given their willingness or consent for widening of the road and for handing over the property, the respondent Municipality is at liberty to initiate proceedings under the Land Acquisition Act acquiring the property and till such time status quo obtaining as on date shall by maintained. If any of the petitioners have already given their consent, the respondents are at liberty not to initiate any proceedings against hem for acquisition of their lands. N.V.RAMANA,J DT.9.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, represented by its Secretary, Roads and Buildings, Secretariat, Hyderabad. 2 The Chief Engineer (R&B), Erramanzil, Hyderabad. 3 Executive Engineer, R&B Department, machilipatnam. 4 The District Collector, Krishna District, Machilipatnam. 5 The Commissioner, Pedana Municipality, Pedana, Krishna District. 4 2CCs to the Government Pleader for R&B, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2CD copies