Matcha Venkataratnam vs Government Of Andhra Pradesh, Rep. By Its Principal Secreetary, Roads And Buildings Department, Secretariat, Hyderabad And Aour Others

Subba Reddy Satti, J

The above writ petition is filed for writ of Mandamus seeking the following relief:

“...to issue writ of Mandamus declaring the action of the respondents in interfering with possession and enjoyment of the petitioner properties bearing No.14-1, Janda street, single stores RCC building belong to 1st petitioner, property bearing D.No.14-4, Janda street two stored RCC building consist of three items assessment No.Old 1942 and new 2839 election ward 11 belongs to 2nd petitioner, property in D.No.13-187 Janda street single stores RCC buildings in balijipeta Road, assessment No.New 30903870001 belongs to the 3rd petitioner; the respondents are trying to demolish the said properties without issuing any notice or without initiating acquisition proceedings under the Right of Fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as arbitrary, illegal and violative of Article 300A of the Constitution of India and consequentially direct not to interfere with the petitioner properties without following due process of law and pass such other order...”

Petitioners claimed to be the owners and possessors of RCC building bearing D.Nos.14-1, 14-4 and 13-187 respectively of Janda street, Vizianagaram. Petitioners also filed copies of title deeds. The grievance of the petitioners is that they constructed their buildings after obtaining permission from the 5th respondent and they have been paying taxes regularly and they have been enjoying their respective properties as owners. While so, respondents are trying to demolish the structures without issuing any notice to the petitioners for the purpose of road widening. Hence, the petitioners approached this Court by way of filing the present writ petition.

Counter-affidavit was filed by learned Government Pleader for Roads & Buildings would indicate that the R& B has not taken up any steps for laying road.

Heard learned counsel for the petitioners and learned Government Pleader for Roads & Buildings appearing for the respondents 1 to 4.

Petitioners filed sale deeds and asserted that subject property is a private property and they constructed buildings existing therein. If any private property is needed to expand the road, it is the obligation of Government to take necessary steps for acquiring the same. On the other hand, if any person is found occupied any Government land, the Government can take steps to evict them by following procedure known to law. The petitioners also asserted that no notice has been issued to them.

Keeping in view the above, the writ petition is disposed of directing the respondents not to demolish the structures of the petitioners i.e. RCC buildings bearing D.Nos.14-1, 14-4 and 13-187 respectively of Janda street, Vizianagaram, with the following directions.

1) The respondents are directed to conduct a survey to demarcate the existing road margins after affording an opportunity to the petitioners to participate in the survey to be conducted by the respondents;

2) If the petitioners are having any objection with regard to the alleged survey and the survey report, they are entitled to submit their objections;

3) The respondents are entitled to take appropriate action by following the process of law, if there is any encroachment of the Government land;

4) If there is no encroachment, the respondents shall follow due process of law if they intend to acquire the land of the petitioners by paying compensation;

5) Till such time, no coercive action shall be taken against the petitioners’ property.

6) There shall be no order as to costs.

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