HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.6545 of 2010 DATED: 21.04.2014 Between:
Repaka Poshaiah & others ... Petitioners And Municipal Corporation of Warangal, rep. by its Commissioner, Warangal & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.6545 of 2010 ORDER:
Heard the learned counsel for the petitioners. None appeared for the respondents.
2. The petitioners state that they are the absolute owners of houses bearing Municipal Nos.3-16-183, 3-16-187, 3-15-151, 3-16-
165, 3-16-170, 3-16-170, 3-16-171, situated at Peddammagadda, K.U. Road, Hanamkonda, Warangal district. The officials of the respondent authorities came to the houses of the petitioners on 20.03.2010 and marked them for the purpose of road widening. They also wanted to demolish the houses, but it was resisted by the petitioners. In those circumstances, the present writ petition was filed challenging the action of the respondents in not issuing any notice before taking action for demolition of the building for the purpose of road widening.
3. The 2nd respondent filed counter-affidavit stating that the 2nd respondent never approached the petitioners’ houses nor given marking to the extent affected in the road widening. The road in question is a Master Plan Road, which was ear marked as 100 feet road in the year 1971 itself. The Director, Town & Country Planning, Hyderabad has prepared RDP No.17/80 proposing to widen the road to 100 feet as per the sanctioned Master Plan. The petitioners have encroached the site in the Master Plan and constructed their houses. The other respondents have not filed any counter-affidavit.
4. From the counter-affidavit filed by the 2nd respondent, it is not clear whether the petitioners have encroached the proposed road or to what extent they have encroached on the road. However, they did not deny the ownership of the property held by the petitioners. It is needless to say that if the private property is required for the purpose of road widening or for any other public purpose, the respondents have to follow due process of law. Even if any part of the property of the petitioners is on the public property, when the petitioners have been residing in the said property, they are entitled for a notice.
5. In the circumstances, the respondents are directed not to demolish the houses of the petitioners bearing Municipal Nos.3-16- 183, 3-16-187, 3-15-151, 3-16-165, 3-16-170, 3-16-170, 3-16-171, situated at Peddammagadda, K.U. Road, Hanamkonda, Warangal district, without following due process of law, if they want to widen the road or for any other purpose.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 21.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 4 WRIT PETITION No.6545 of 2010 Date: 21.04.2014 BSS