High Court for State of TelanganaWP/25219/2001allowed no costs

Harshvardhan Chokhani v. Municipal Corporation Of Hyderabad

2016-11-01A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.25219 of 2001

ORDER

Petitioner is the tenant of premises bearing No.4-6-244, Subhash Road, Secunderabad and has been continuing in possession by regularly remitting the monthly rents. While so, the 3rd respondent sought eviction of the petitioner and the proceedings initiated in respect of the same are pending before the Apex Court in SLP (Civil) No.12979/99 and the Apex Court vide order dated 17-9-99 stayed the operation of the judgment made in CRP No.2236/1997 and the same is pending. While so, the 1st respondent issued a notice to the 3rd respondent seeking his consent for the purpose of acquiring a portion of the subject shop premises in a width of 6 1⁄2 feet from the existing road, but no notice was issued to the petitioner. Hence, the present writ petition was filed.

This court by order dated 11.12.2001 granted interim direction.

The issue as to "Whether in case of acquisition of land by municipal authorities, for road widening, on consent of the landlord of a shop any notice is necessary to be given to the tenant in the shop?", was referred by a Full Bench to a Larger Bench and the Larger Bench in a decision rendered in W.A.No.453 of 2005, WP Nos.5135 of 2001 and 10106 of 2002 answered that notice to the tenant of the shop is necessary in case of acquisition of land by

Municipal Authorities for road widening even if the landlord/owner of the premises has given his consent. In view of authoritative pronouncement of the Larger Bench of this Court that the tenant has a right of notice, this Writ Petition is allowed on the ground of non-issuance of notice to the petitioner. However, it is open to the first respondent to take appropriate proceedings in accordance with law, if the first respondent wants to acquire any portion of the land in occupation of the petitioner. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 1st November, 2016 rkk