Kothamanu Vasudevarao v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.6730 of 2015 Date: 18-03-2015 Between:

Kothamanu Vasudevarao and 7 others .... Petitioners AND The State of Andhra Pradesh, represented by its Principal Secretary to Municipal Administration And Urban Development Authority, Hyderabad And 3 others .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.6730 of 2015 ORDER:

This writ petition is filed for a writ of Mandamus declaring t h e action of the respondents 2 to 4 in marking portions of petitioner's building properties connected to the main road bearing Door Nos. 5-15-11 (Assessment No. 1076002908), Door No.515/19, Door No.515-19 (Assessment No. 1076005825), Door No.36-35 (Assessment No. 1076003110), Door No.5-15-7 (Assessment No. 1076082852), Door No.5-1520 (Assessment No. 1076005891) Door No.3-6-30 (Assessment No. 1076003144), Door No.3-6-36 (Assessment No. 1076003109) respectively of Meraka Street (AKP road), Kovvur Municipality, West Godavari District, for road widening purpose as illegal, arbitrary and violative of principles of natural justice, and also the provisions of Andhra Pradesh Municipalities Act and rules framed thereunder and the Right to

Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and the Provisions of Land Encroachment Act and for a consequential direction to the respondents 2 to 4 not to demolish any portion of the building structures of the petitioners' properties without following due process of law.

2. The main grievance of the petitioners is that the officials of the 4th respondent Municipality are making efforts for demolition of their properties for the purpose of road widening programme without following due process of law, for which certain markings were made on the properties of the petitioners. Aggrieved by the same, the present writ petition is filed.

3.

When the matter is taken up for hearing, Sri N. Venkateswarlu, learned standing counsel for the 4th respondent Municipality, stated on instructions that as of now, there is no proposal for effecting demolition of the properties of the petitioners and it is only to ascertain to what extent of land is required for widening purpose and for assessment of compensation in case of acquisition of lands of private persons, for which a survey was conducted and markings were made, but not otherwise. However, the 4th respondent Municipality is not making any efforts for demolition of the properties of the petitioners unless through due process of law.

4.

Recording the statement made by the learned standing counsel for the 4th respondent that the 4th respondent Municipality will not acquire the lands of the petitioners without due process of law, the writ petition is disposed of accordingly. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________

A. RAJASHEKER REDDY, J Date: 18-03-2015 Ksn