THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 16872 of 2005 DATED 01.08.2005 Between: Smt. S. Shamshad Begum, W/o Miahjan, aged about 48 years, R/o Bismilla Nagar, Cuddapah, Cuddapah District. ..... PETITIONER AND 1 The District Collector, Cuddapah District, Cuddapah and others .....RESPONDENTS ORAL ORDER Learned counsel for the petitioner as well as the learned Standing Counsel for the respondents represent that the writ petition may be disposed of in the light of the direction issued by a Division Bench of this court in P. LAKSHMANA RAO V. EXECUTIVE OFFICER (1.) The petitioner, who is the owner of assigned agricultural dry land in S.No. 428/1 admeasuring Ac. 5.00 situated at Chinna Nachupalle Vilalge, Chennuru Manal, Cuddapah District, filed the present writ petition apprehending highhanded and illegal action on the part of the respondents in trying to dispossess her from the land in question for the proposed lay out of satellite town or colony, which is in violation of Art.300-A of the Constitution. Several writ petitions complaining against the arbitrary actions of the various Corporations, Municipalities and Panchayats in proceeding with the widening of the roads without due process of law came up for consideration before this court and ultimately a Division Bench of this court disposed of the WP No.21198/97 dt. 3-2- 1998 with the following directions: 1. Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossess or evict the occupants or demolish the property. 2. If the authorities concerned want to take action for eviction/dispossession of the occupants for demolition, they shall issue 60 days prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections, if any from the occupants. On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment or unauthorized occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants. 3. In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith. 4. If the demolition is in respect of local bodies/Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction. 5. In case of demolition of private property, the authorities concerned shall determine the loss caused to the occupants on the basis of the assessment to be made by the Engineer of R & B Department and on such assessment of damages, the concerned authorities shall take appropriate steps to disburse the amount quantified forthwith. 6. If there is any claim for grant/assignment of the property, the concerned authorities shall consider the same in accordance with law taking into consideration the eligibility and the entitlement of occupants, after making enquiry and till such claim is decided, there shall be status quo obtaining as on today regarding the structures. In view of the same, whenever the respondents are proceeding with the widening of the roads or any other purpose, they are bound to proceed with the same by following due process of law as contemplated under Municipalities Act as well as Land Acquisition Act, 1894 or by way of private negotiations. Following the guidelines issued by a Division Bench of this court cited 1 supra, this writ petition is disposed of with a direction to the respondents not to dispossess the petitioner from the dry land in S.No. 428/1 admeasuring Ac. 5.00 situated at Chinna Nachupalle Vilalge, Chennuru Mandal, Cuddapah District, without either following due process of law or private negotiations. However, this order will not preclude the respondents to negotiate with the petitioner and if the petitioner agrees for such proposed lay out of satellite town or colony and give consent to give the property in question, it is open for the respondents to acquire the same in accordance with law. No costs. ------------------------------ ELIPE DHARMA RAO,J DATED: 01.08.2005 ka