Cherukuru Gangi Chetty vs The State Of Ap
2023 Latest Caselaw 2907 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.11853 OF 2023

JUDGMENT:-

1.    Heard Sri D. Krishna Murthy, learned counsel for the

petitioner and learned Government Pleader for Municipal

Administration for the respondent No.1 and Sri P. Anand Surya,

learned counsel representing Sri Suresh Kumar Reddy Kalava,

learned Standing Counsel for the respondent Nos.2 to 4.

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 a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents 2 to 4 in threatening to lay the road in petitioner's private land in Plot Nos. 19, admeasuring 114.5 Sq. Yds in Survey Nos. 174/1 of Konka Chennayagunta village of Akkarampalle Group in Tirupati Urban Mandal, Tirupati District, without following due process of law under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary and without jurisdiction and Article 300-A of the Constitution of India and pass such orders as deem fit and proper in the facts and circumstances of the case".

4. Learned counsel for the petitioner submits that the

petitioner is the owner of residential house site in Plot No.19,

admeasuring 114.5 Sq. Yds in a layout laid in Sy.No.174/2 of

Konka Chennaiah Kunta Village, Tirupati Urban Mandal,

Tirupati District under a Registered Sale Deed bearing

Document No.7282/1981, dated 16.12.1981. The respondent

Nos.2 and 3, the Tirupati Municipal Corporation and its

authorities are trying to lay the road effecting the petitioner's

house site without initiating Land Acquisition proceedings.

They came on 28.04.2023 and have started road laying work

without taking recourse to the due procedure of law. The

petitioner has not been given any notice nor the compensation.

5. Learned counsel further submits that the Andhra Pradesh

Municipal Corporation Act prescribes for the procedure for

taking up the land of an individual under Sections 146 and 147,

but the said procedure has not been followed. The petitioner

has not given any consent under Section 147.

6. He further submits that in W.P.No.8050 of 2023 decided

on 31.03.2023, with respect to the same laying of road in the

same survey number, the other persons filed W.P.No.8050 of

2023, which was disposed of by this Court with direction to the

respondents therein to follow the due procedure of law in

acquiring the plots of the petitioners in that writ petition.

7. On 04.05.2023, the learned Standing Counsel for the

respondent Nos.2 to 4 was granted time to obtain instructions.

8. Sri P. Anand Surya, based on the written instructions

submits that the respondents have proposed to form 100 feet'

master plan road, as per G.O.Ms.No.112, M.A. & U.D

Department, dated 08.03.2019. The Corporation issued paper

notification vide Roc.No.2411 (6)/2022/G1, dated 29.12.2012.

The Municipal Corporation approved the proposal for formation

of Master Plan road vide C.R.No.180, dated 15.07.2022. The

draft plan was approved on 22.12.2022 and the final approval

was accorded on 17.01.2023. He submits that the petitioner's

site of 114.5 square yards in Sy.No.174/2 falls in an

unauthorized lay out which is affected in the master plan road

but could not be identified when the master plan road

alignment was made by the Town Surveyor. He submits that

the road was laid by the Corporation, and the Corporation will

follow the due process of law as per the Andhra Pradesh

Building Rules.

9. In view of the stand of the respondents as noted above, it

is evident that the petitioner's land in Sy.No.174/2 is being

affected by the master plan road whereas the same was not

identified when the master plan road alignment was made by

Town Surveyor.

10. The property of an individual can be taken by the State or

State instrumentality only by due process of law. Otherwise

deprivation, is violative of the right of the person recognized by

Article 300-A of the Constitution of India.

11. In view of the further stand of the respondents that they

would follow due process of law, this writ petition is being

disposed of finally with direction to the respondents to follow

the due procedure laid down under the provisions of Sections

146/147 of the Andhra Pradesh Municipal Corporation Act r/w

Land Acquisition Act for taking petitioner's site for the master

plan road, and by making the payment of compensation

provided by Sections 146/147 of the Municipal Corporation Act.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 05.05.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.11853 OF 2023

Date:05.05.2023 Scs.