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High Court for State of TelanganaWP/11247/2017disposed of no costs

Gade Viswanath, v. The State Of Telangana,

2017-03-30Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 11247 OF 2017 O R D E R :

This Writ Petition has been filed with the grievance that the petitioner's property has been marked for demolition for the purpose of installing the statute of Tippu Sultan. Learned counsel for the petitioner contends that no proceedings either under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 or under the Andhra Pradesh Municipalities Act, 1965 have been initiated and the petitioner is being deprived of his valuable right under Article 300-A of the Constitution of India. Learned Standing Counsel for the 2nd respondent Municipality submits that the markings have been made identifying the extent of property that is required for the purpose of road widening. However, necessary procedure would be followed before the property of the petitioner is required for demolition, the learned Standing Counsel assures.

In the light of the submissions made by the learned Standing Counsel, making it clear that the property of a private party can be acquired only for a public purpose i.e. road widening but not for the purpose of installation of any statue and in the event, the petitioner's property is required for the purpose of road widening, the respondents shall follow the necessary procedure prescribed under the A.P. Municipalities Act, 1965 as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, this Writ Petition is disposed of. No costs.

Consequently, the miscellaneous Applications, if any are also disposed of.

____________________________ CHALLA KODANDA RAM, J 30th March 2017 ksld