IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD HON’BLE SRI JUSTICE V.V.S. RAO W.P. No. 19440 OF 2005 Date: 02.09.2005 BETWEEN: Smt. Zeenath Begum …. PETITIONER Vs. 1. The Commissioner, Municipal Corporation of Hyderabad Tankbund, Hyderabad. and another. …. RESPONDENTS HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No. 19440 OF 2005 ORDER: The petitioner claims to be the owner and possessor of the property bearing No.6-3- 925 and 926, admeasuring 100 Sq. yards situated at Kapadia Lane, Rajbhavan Road, Hyderabad. The first respondent sent a communication, dated 10.8.2005 to the petitioner informing that in the proposed road widening an extent of 46.95 Sq. yards of the petitioners premises would be affected, and therefore, he requested the petitioner to give her consent for advance possession. The petitioner was also informed that the Corporation would pay the compensation for structural valuation and also allow her to avail the concessions by way of additional FAR as per the orders of the Government in G.O.Ms.No.483 dated 24.8.1998. It is the case of the petitioner that she did not give consent to handover advance possession. In spite of the same, on 29.8.2005 the officials of the Municipal Corporation of Hyderabad directed the petitioner to vacate the portion, which is likely to be affected in the road widening. Hence, the present writ petition is filed. Heard learned counsel for the petitioner and learned Standing Counsel for the Municipal Corporation of Hyderabad. It is not denied before this Court that the issue of communication to the owner of the property is by way of negotiation under Section 145 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). If the owner does not give any consent, the Corporation has to take appropriate action under Section 147 of the Act for acquisition of the land, which is likely to be affected in the road widening, as per the provisions of the Land Acquisition Act, 1894. Now if the petitioner is not willing to give her consent for handing over advance possession, it is open to the Corporation to initiate proceedings under Land Acquisition Act. Till appropriate action is taken in accordance with law, the right of the petitioner to enjoy her property shall not be denied nor the Corporation can issue directions to vacate the land. The Writ Petition at the admission stage, with the above observations, is accordingly disposed of. ______________ (V.V.S. RAO, J.) 2nd September, 2005 Note: Operative portion by wire at party’s cost. B/o Js.