M.Chandrasekhar v. The Assistant Executive Engineer, Roads And Buildings

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.28947 of 2008 ORDER:

When the matter is called, it is represented by the learned Government Pleader for Roads and Buildings that this Court disposed of an identical matter vide W.P.No.242 of 2009, by order dated 12.01.2009. A copy of the said order is placed on record.

2. In view of the above, there shall be following similar order in this case also:

"I am of the opinion that if the Roads and Buildings Department or the Atmakur Gram Panchayat intends to widen the existing road and if the petitioners' shops are required to be acquired in the road widening, the same shall be acquired by paying compensation to the petitioners either by following private negotiations or the provisions of the Land Acquisition Act, but the same cannot be interfered with without following the due process of law. However, it is made clear that if there exist any encroachments on the road margin, the same may be demolished."

3. This writ petition is accordingly disposed of. No order as to costs.

4. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

__________________________ JUSTICE A.V. SESHA SAI 30.06.2016.

Msr HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.28947 of 2008 30.06.2016 Msr