HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13812 of 2011 Dated : 22.01.2014 Between:
Meegada Narayana Reddy s/o. Subbanna, Aged about 59 years H.No.1/1000A, Yerrnukkapalli, Kadapa and others .. Petitioners And District Collector, Kadapa at Kadapa and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13812 of 2011 ORDER :
The case of the petitioners was that a plan was approved for construction of road over bridge in Yerramukkapalli Circle, Viswanadhapuram, Kadapa District and houses of the petitioners were marked for demolition. Apprehending that their houses are going to be demolished, petitioners obtained information by resorting to the provisions of Right to Information Act as well as by making representations to the authorities. Petitioners aver that without following due process of law, respondents cannot seek to acquire their properties. As there was eminent threat to demolish their properties, this writ petition was instituted.
2. This Court, by order dated 30.04.2011, issued direction to the respondents not to resort to demolish of the house in question without following due process of law.
3. Counter-affidavit, deposed by Sri J.Chandrasekhar Reddy, Superintending Engineer (R&B), Kadapa, is filed on behalf of the respondents. In para-7 of the counter- affidavit, he categorically states that the Department has never made any attempt and threatened the house owners to demolish their properties. Department undertakes that Department will follow the procedure as laid down in the Land Acquisition Act, 1894, if private land and house property is required for construction of road over bridge. Thus statement made by the deponent to the counter-affidavit safeguard the interest of the petitioners and, therefore, no further orders are required in this writ petition.
4. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous petition, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 22.01.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13812 of 2011 kkm Dated : 22.01.2014