THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Review W.P.M.P.No.22310 of 2012 IN W,P.No.5664 of 2007 & Contempt Case No.792 of 2011 COMMON ORDER: The grievance of the petitioner in the writ petition was that the respondents are making an attempt to lay a road of 60 feet width, across his land in CAS Nos.554/1 and 445/5 of Ramalingapuram Revenue Village, Nellore District. It was mentioned that though the road shown in the master plan for the concerned area passes through his land, the respondents did not initiate any proceedings under the Land Acquisition Act, or the provisions of the Hyderabad Municipal Corporation Act, as it applies to the Nellore Municipal Corporation. The writ petition was disposed of on 17-02-2011, directing the respondents to acquire that portion of the land, which is effected by road laid by them, as per the master plan, approved by the Government in G.O.Ms.No.969, Municipal Administration, dated 21-11-1978. In the review petition filed by the respondents, it is stated that the road was not laid across the land of the petitioner, and that the existing road would be connected to different sub-lanes. It is further stated that two walls were constructed on either side of the land of the petitioner and traffic is not allowed to pass through the said land. Heard Sri M.P. Chandramouli, learned counsel for the writ petitioner the learned Advocate General for the respondents-review petitioners. It is a matter of record that the road indicated in the master plan passes through the land of the petitioner. If the owner of the land, through which a road passes; intends to make construction, permission would be accorded, if only the portion covered by the proposed road is left. If, on the other hand, the Corporation wants to lay road, before the owner of the land makes an application for construction, it becomes necessary to acquire the land. Once the respondents state that they do not need the land of the petitioner, immediately, they cannot be compelled to acquire it. Hence, the review petition is allowed, and the order dated 17- 02-2011 passed in the writ petition is reviewed to the effect that the review petitioners, i.e. the respondents in the writ petition, shall be under obligation to acquire the land, in case they intend to lay road across the land of the petitioner, and if, on the other hand, they do not intend to lay the road, they shall not be under obligation to acquire it. In view of the order passed in the review petition, the Contempt Case is closed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.03-07-2012. KO