HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7210 OF 2008 DATED 24th November, 2014.
BETWEEN Bayyana Jhansi Lakshmi ….Petitioner And The Municipal Corporation of Rajahmundry, Rajahmundry, rep. by its Commissioner and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7210 of 2008
ORDER:
Heard learned Counsel for the petitioner. None appeared for the respondents.
The petitioner states that he is the absolute owner and possessor of an extent of 666 square yards of house site comprised in Sy.No.221 of Jawaharlal Nehru Road, Rajahmundry having purchased the same under a registered sale deed dated 1.5.1980. After purchasing the said site, he constructed a building therein with 6 shops in ground floor and residential portion in the upstairs covering total plinth area of about 1600 square yards. While so in the year 2002, the respondent widened the Jawaharlal Nehru Road and for the said purpose, they occupied his house site to an extent of 176 square yards and demolished 80% of the building existing therein without issuing any notice and initiating Land Acquisition Proceedings. At that point of time, the respondents gave assurance stating that adequate compensation would be paid for the structures demolished and the land occupied by them for road widening. They also assured that they would approve the building plan for construction of new building in the remaining site without insisting upon compliance with usual requirements. With the said assurance of the respondents, the petitioner constructed a new building in the remaining site with 6 shops and a residential portion in the year 2002 and applied for approval of building plan. But contrary to their assurance, the respondents rejected the building plan on the ground that the building was constructed not as per the plan. The petitioner submitted several representations in the years 2001, 2003, 2004, 2005, 2006, 2007 and followed by another representation on 19.12.2007, to which, the respondents issued proceedings on 10.03.2008 stating that they have acquired only 136 ½ square yards of land and the balance land in the said site is 529 ½ square yards.
Though the Writ Petition was filed in the year 2008, no counter affidavit is filed by the first respondent. As the respondents have admitted in the proceedings dated 10.03.2008 that they have occupied 136 ½ square yards of land of the petitioner for the purpose of road widening, the respondents are directed to take necessary action in accordance with the provisions of Hyderabad Municipal Corporation Act as applicable to the Rajahmundry Municipal Corporation and pay compensation to the petitioner within a period of six months from the date of receipt of a copy of this order.
Subject to the above direction, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 24th November, 2014. Msnrx