HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10331 of 2009 DATED: 21.04.2014 Between:
V.L.N.Murthy ... Petitioner And The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner … Respondent The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10331 of 2009 ORDER:
Heard the learned counsel for the petitioner and the learned standing counsel for the respondent.
2. The petitioner is the owner of the property situated in old S.No.63/A, new Sy.No.190/1 of Pendurthi village, Greater Visakhapatnam, having purchased the same by his father vide registered sale deed dated 18.05.1957 and after the death of his father, the petitioner succeeded to an extent of 1056.86 sq. meters of site and he leased out the same in favour of Bharat Petroleum Corporation for running a retail outlet in the year 2002. The said site is situated and abutting Jeypore to Visakhaptnam road. The respondent-Corporation proposed the Bus Rapid Transit System (BRTS) in Visakhapatnam and the road abutting Jeypore to Visakhapatnam was also in the said proposal and the property of the petitioner is falling with the said BRTS. The respondent made markings for the above BRTS purpose. As the respondent-Corporation did not issue any notice or did not take steps under the provisions of Sections 146 or 147 of the G.H.M.C. Act and on the other hand, on 19.05.2009 an attempt was made to demolish the said structures, the present writ petition was filed.
3. The respondent-Corporation filed a counter-affidavit stating that the respondent-Corporation was upgraded as Greater Visakhapatnam Municipal Corporation in the year 2005 by merging Gajuwaka Municipality and 32 surrounding Panchayat areas. The existing roads were not sufficient to meet the heavy vehicular traffic and it was proposed to widen the existing roads in the public interest. One such important road is Pendurthi to Visaskhapatnam via Gopalapatnam, which connects the National High Way at NAD junction. Hence, it was proposed to widen the existing 70 ft. to 100 ft. from Pendurthi to Visakahpatnam, to a width of 100 ft. BRTS road and 120 ft. in public interest. On inspection of all the lands, the land of the petitioner fell in the alignment of BRTS road, as it was abutting the existing Visakhapatnam – Jeypore road and it is in new Sy. No.190/1 of Pendurthi village, admeasuring Ac.0.31 cents in Patta No.620 standing in the name of one Saragadam Jogi as per the revenue records. Markings were also given to that effect for the affected properties. As per the revenue and Town survey records, the Tatipudi Pipe line is also running abutting to the site of the petitioner. The respondent states that, it being a Corporation, it cannot take law into its own hands and due process of law would be followed at the time of formation of the road under BRTS. Further necessary TDR certificate and structural compensation also would be paid to the affected owners either by private negotiations or by following the due process of law.
4. Admittedly, the property of the petitioner falls in the alignment of BRTS and is abutting the existing Visakhapatnam – Jeypore road. Markings were also done, but no steps were taken for paying compensation to the petitioner. However, in view of the statement made by the respondent-Corporation in the counter-affidavit that due process would be followed at the time of formation of the road under BRTS, the respondent-Corporation is directed to follow the provisions of the G.H.M.C. Act as applicable to the Greater Visakhapatnam Municipal Corporation also, at the time of taking the property of the petitioner for BRTS or for any other public purpose.
5. Subject to 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 3 WRIT PETITION No.10331 of 2009 Date: 21.04.2014 BSS