K G Retina vs The State Of Andhra Pradesh
2022 Latest Caselaw 9480 AP

         HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No.38688 OF 2022

JUDGMENT:-


1.    Heard Sri V.V.L.N. Sarma, learned counsel for the

petitioner, Sri G. Naresh Kumar, learned counsel appearing for

the 2nd respondent and the learned Government Pleader for the

Municipal Administration and Urban Development Authority for

the 1st respondent.

2. With the consent of the learned counsels for the parties,

the writ petition is being disposed of finally at this stage.

3. This writ petition is filed by the petitioner under Article

226 of the Constitution of India for the following relief:

"That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ order or direction declaring the action of the 2nd respondent in seeking to demolish a part of her house property in D. No.104/1 bearing Door No. 26-28-35 (old) New Door No.83-102, A.T.Agraharam, 1st Lane, Main Road, Guntur Municipal Corporation or any portion of the same without following the due process of law as illegal arbitrary and pass necessary orders."

4. Learned counsel for the petitioner submits that the

petitioner is the owner of the property, subject matter of the

notice being Roc.No.324974/2021 dated 24.06.2022, by which

the petitioner has been required to cooperate with the

Corporation in widening of A.T Agraharam Main road as per

Master Plan and express his willingness for the widening

programme through the consent form attached with the notice,

along with the documents of ownership. He submits that after

receipt of the notice, the petitioner submitted reply in the form

of the legal notice to the 2nd respondent, inter alia stating that

in the event, the Municipal Corporation intend to take the

property the provisions of the Land Acquisition, Rehabilitation

and Resettlement Act, 2013 shall be applied and the authorities

cannot take the petitioner's property without resorting to those

provisions and without payment of the compensation.

5. Sri G. Naresh Kumar submits that the notice though

mentions to be under Sections 146/147 of the A.P. Municipal

Corporation Act, but from the contents there, it is infact only

the notice under Section 146 of the Act. He further submits that

if the petitioner is not willing to give subject property or part

thereof for road widening, as requested vide the notice, the

authorities shall not take the petitioner's property pursuant to

the notice, but shall follow the next step i.e the procedure

prescribed under Section 147 of the A.P. Municipal Corporation

Act for compulsory acquisition of the property.

6. From perusal of the petitioner's reply to the notice, it is

evident that the petitioner has requested the authorities , that

in the event the Municipal Corporation intend to take the

subject property, the provisions of the Land Acquisition Act,

2013, shall be applied. From the said averments, the

petitioner's stand is that the petitioner is not willing to give the

land pursuant to the notice under Section 146, but the

petitioner wants that in case of the need for public purpose, the

petitioner's property may be taken by taking recourse of the

provisions of the Land Acquisition Act, 2013.

7. In view of the above, the writ petition is being disposed of

with the direction to the respondents not to take the petitioner's

land/property for which the notice under Section 146 of the A.P.

Municipal Corporation Act, has been issued, or any part thereof,

without acquiring the same under Section 147 of the A.P.

Municipal Corporation Act, by resorting to the provisions of the

Land Acquisition Act, in case the same is required for public

purpose. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:08.12.2022 Note:

Issue CC in one week.

B/o.

Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.38688 OF 2022

Date:08.12.2022 Gk.