THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.33025 of 2022
JUDGMENT:-
1. Heard Sri A.Ravi Shankar, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent No.1 and Sri
S.Lakshminarayana Reddy, learned Standing Counsel for the respondent Nos.2 to 4, Greater Visakhapatnam Municipal Corporation (for short, the G.V.M.C).
2. With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"It is therefore prayed that this Hon'ble Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to demolish the newly constructed compound wall in the house bearing house No.12-76, Nethajinagar, Prasanthinagar Main Road, Pendurthi 531173, Visakhapatnam District as illegal, arbitary and violative of my right to property guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with my possession over the house as otherwise I suffer irreparable loss and injury 2 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interests of justice."
4. Learned counsel for the petitioner submits that the petitioner purchased the house site admeasuring 448 Sq. yards besides Pulagalapalem Road connecting Pendurthi Main Road to Pulagalapalem Village under registered sale deed dated 04.04.1983 and applied for sanctioned plan to construct the ground floor, for which permission was granted by concerned Gram Panchayat on 15.11.1984. He again obtained permission for construction of the 1st floor, which was granted on 09.05.1997. The petitioner constructed both the ground floor and the 1st floor as per the sanctioned plan and the house was assessed by the Gram Panchayat and was allotted the House No.7-64. On 16.01.2022, the officials of the Municipal Corporation demolished the petitioner's compound wall, for widening of the road with the consent and permission of the petitioner without insisting for any compensation/TDR. After demolition, the petitioner constructed another compound wall away from the place of earlier demolished compound wall. Learned counsel for the petitioner further submits that now again the G.V.M.C authorities are contemplating to demolish the new compound wall, without following any procedure of law. 3
5. Sri S.Lakshminarayana Reddy, learned Standing Counsel, on the basis of written instructions received from the respondent No.4, submits that the Corporation proposed the widening of Pulagalipalem road from BRTS road at Anjaneya Swami temple to Nalla Quary road and for the said purpose, the earlier compound wall of the petitioner was removed on 16.01.2022, with the consent of the petitioner. But, now the petitioner is trying to reconstruct the compound wall at the same place which action of the petitioner is being restrained. He submits that the Corporation is not interfering with the petitioner's possession or his property in any other way. If for any public purpose the petitioner's property is required the same shall be taken only in accordance with law.
6. In view of the aforesaid, recording the submission of the learned Standing Counsel, the writ petition is being disposed of finally with the following directions:-
a) The G.V.M.C and its authorities, shall not take or utilize the petitioner's land and property for any purposes except by following due process of law.
b) The petitioner shall not reconstruct the compound wall nor raise any other construction, at the place of the earlier compound wall which was removed on 16.01.2022 by the G.V.M.C with the consent and permission of the petitioner as it 4 is the case of both the sides that the removal of compound wall on 16.01.2022 was with the consent and permission of the petitioner.
7. The writ petition is being disposed of finally with the above observations and directions.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 13.10.2022 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD 5 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI 59 WRIT PETITION No.33025 of 2022 Date: 13.10.2022 Scs