Shah Alam , Chand v. Greater Hyderabad Municipal Corporation

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 18078 OF 2017 ORDER:

This writ petition is filed by the petitioners to declare the action of the respondents in seeking to demolish/acquire portions of houses bearing H.No.8-4-121/67/B/NP of the first petitioner and H.No.8-4-122/A/37 of the second petitioner, situated at Mailrdevpally, Rajendranagar, Hyderabad, as illegal and arbitrary and consequently, to direct the respondents not to dispossess/demolish any partitions of the houses of the petitioners without following due process of law.

It is the case of the petitioners that they are the owners and possessors of the aforestated properties having purchased the same under agreement of sale dated 18.02.2010 and registered sale deed dated 21.01.2015 respectively. While so, the respondent authorities tried to interfere with their possession and demolish the structures for the purpose of nala widening, without following due process of law.

Heard and perused the material available on record. The main grievance of the petitioner is that the respondents are trying to interfere with the subject property without following the due process of law.

At the hearing, the learned Standing Counsel for the respondents submitted that if the properties of the petitioners either in part or in full are required for the purpose of nala widening, the respondents will acquire the same by following due process of law.

Recording the said submission, this writ petition is disposed of directing the respondents not to disturb the possession of the petitioners, except following due process of law. Consequently, Miscellaneous petitions pending, if any, shall stand closed. No costs.

_________________________ JUSTICE RAJA ELANGO Date: 20.06.2017 va