Duvvu Ramanamma, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9669 of 2017 ORDER:

The action of the 2nd respondent Vizianagaram Municipality in seeking to demolish the petitioner's compound wall and building in bearing D.No.27-7 in an extent of Ac.0-60 square yards situated in T.S.No.815 Part, Golla Veedhi, Dasannapet, Vizianagaram, for the purpose of road widening without even issuing any notice or acquisition proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as arbitrary and illegal.

2.

The petitioner claims to be the owner and possessor of the aforesaid property. According to her, the respondent Municipality in the process of widening the road, without following the procedure established under law, they have been trying to demolish her premises.

3.

Heard learned counsel for the petitioner and Sri Nimmagadda Venkateswarlu, learned Standing Counsel for the 2nd respondent Municipality.

4.

It is well-settled that no action adverse to an individual, depriving his property rights can be taken without following due process of law as the same would be in violation of constitutional rights guaranteed under Article 300-A of the Constitution of India besides offending Article 14. If the municipal authorities require the property of the petitioner for the purpose of road widening, the same can be done only in accordance with the procedure prescribed under Section 174(1) of the Andhra Pradesh

Municipalities Act, 1965 read with Section 42 of the Land Acquisition Act, 1894. Inasmuch as the Land Acquisition Act, 1894 has been substituted with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, it has to be read in.

5.

In the facts and circumstances of the case, the action of the respondents in trying to interfere with the peaceful possession and enjoyment of the petitioner's property is unsustainable and accordingly, the writ of Mandamus can be issued against the respondents.

6.

The Writ Petition is therefore, disposed of with a direction to the respondents - authorities to follow the procedure prescribed in Section 174(1) of the A.P. Municipalities Act, 1965 read with Section 42 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before proceeding with the acquisition of the property of the petitioner. No costs.

Consequently, the miscellaneous Applications, if any shall also stand disposed of.

___________________________ CHALLA KODANDA RAM, J Dt:17.03.2017 YVL

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9669 of 2017 Date:17.03.2017 YVL