V.Luka v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9467 OF 2017 ORDER:

This Writ Petition is filed declaring the action of respondent No.2 - Municipality, in putting markings for demolition of petitioner's building bearing D.No.17-16-20, C.K.Reddy Road, for the purpose of road widening, as being arbitrary and illegal.

In the affidavit filed in support of the writ petition, petitioner states that respondent No.2 - Municipality had put markings to demolish his building for the purpose of road widening without following the procedure contemplated under the A.P. Municipalities Act. Learned counsel for the petitioner would submit that, if the land of the petitioner is required for any public purpose, due process of law has to be followed without depriving his rights.

Sri R.Sudheer, learned Standing Counsel for respondent No.2 - Municipality, on instructions, submits that, as there is a proposal to widen the road, wherever the parties have right over the property, compensation shall be paid in accordance with law; and respondent - authorities shall follow due process before making any extension to the existing road.

Recording the submission made by learned Standing Counsel for respondent No.2 - Municipality, the Writ Petition is disposed of. However, it is made clear that the respondents shall not demolish the subject premises of the petitioner without following due process of law, if his property is required for any public purpose.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

______________________________ CHALLA KODANDA RAM, J Date:17.03.2017 usd