Saladi Venkata Rama Mohan Rao, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22894 OF 2017 ORDER:

The writ petition is filed challenging the action of the respondents in trying to demolish the residential building bearing D.No.20-1-6, and shop bearing No.20-11-6/ 2, in Ward No.14, near Police Station, main Road, Palakol West Goadavri District, without initiating land acquisition proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act 30 of 2013 (for short, " the Act" ), as illegal and arbitrary.

The case of the petitioner is that he is absolute owner and possessor of the abovementioned property and is in peaceful possession and enjoyment of the same. While so, on 04.07.2017 the subordinates of the respondents 2 and 4 came to the premises of the petitioner and taken the measurements of the road and on enquiry, they stated that they want to widen the existing 40 feet road to 60 feet and the structures of the petitioner have to be demolished. Learned counsel for the petitioners submits that the respondents 2 and 4 are making hectic efforts to demolish the shop and building of the petitioner even without issuing any notice and without following the due process of law.

Learned Government Pleader for Municipal Administration submits that the allegations made by the petitioner are false and if really the property of the petitioner is required, the respondent authorities would follow the due process of law and appropriate steps would be taken in accordance with law.

In the light of the submissions made by the respective counsel and in view of the admitted facts of the case that the petitioner is in possession and enjoyment of the property, his possession shall not be interfered with by the respondent authorities without following the due process of law as enjoined whether under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in any other law.

Accordingly, the writ petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioner over the subject property, except following the due process of law.

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

______________ RAJA ELANGO, J July 12, 2017 KTL