Juguru Srinivas vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Municipal Admn.)
Before:
Hon'ble Ravi Nath Tilhari
Listed On:
29 Aug 2022
Original Order Copy
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Order Text
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.27634 OF 2022
JUDGMENT:
Heard Sri K. Arjun, learned counsel representing Sri N. Srihari, learned counsel for the petitioner and Sri G. Naresh Kumar, learned counsel representing Sri N. Manohar Reddy, learned standing counsel for the 2nd respondent and learned Government Pleader for the Municipal Administration and Urban Development Authority.
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Learned counsel for the petitioner submits that a notice dated 30.06.2022 was issued under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 for short "the Act") by the 2nd respondent to take the property of the petitioner as mentioned therein to an extent of 34.15 sq. yards, situated in D.No.95-126 in A.T. Agraharam MainRoad, Guntur, Guntur District for the purpose of road widening as per the notified master plan and approved Z.D.P of Guntur for the stretch from Poleramma Talli Devasathanam to A.T Agraharam "O" lane. The petitioner submitted a reply on 25.08.2022 stating that they are not agreeable to give their property for road widening on the ground that the property if at all necessary to demolish, the respondentauthorities shall pay the compensation as per the market value.
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Sri G. Naresh Kumar, learned counsel representing Sri N. Manohar Reddy, learned standing counsel for the 2nd respondent submits that if the petitioner is not ready to give the property which is required for widening of the road by entering into an agreement under Section 146 of the Act, the course open to the respondent-Corporation is to proceed as per the procedure under Section 147 of the Act and till such time the petitioner's property
as mentioned in the notice dated 30.06.2022 cannot be taken. If the same is required would be taken only as per the provisions of law.
- In view of the aforesaid submission of the learned standing counsel, recording the same, the writ petition is disposed of providing that if the petitioner is not ready to give the land by way of agreement under Section 146 of the Act, it would be open for the respondents to proceed in accordance with law but till such time any part of the petitioner's property shall neither be taken nor utilized for widening of the road, except by process of law. No order as to costs.
Consequently, the Miscellaneous Petitions if any pending in this writ petition shall stand closed.
RAVI NATH TILHARI,J
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Date:29.08.2022 Note: Issue CC by 02.09.2022. B/o. Gk.
WRIT PETITION No.27634 OF 2022
DATE: 29.08.2022
GK.