Shaik Kareem vs. The State Of Ap
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Unknown Status
Order Date:14 Oct 2022
CNR:APHC010548962022
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Order Issued After Hearing
Purpose:
Admission (Municipal Admn.)
Before:
Hon'ble Ravi Nath Tilhari
Listed On:
14 Oct 2022
Original Order Copy
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Order Text
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.33587 OF 2022
PROCEEDING SHEET
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 1. | 14.10.2022 | RNT,J | |
| Sri P.Rajesh Babu, learned counsel for the | |||
| petitioner<br>submits<br>that<br>without<br>following<br>due | |||
| process of law, the petitioner's land is sought to be | |||
| taken for road widening just by<br>placing the banner | |||
| on the site, asking the land owner to approach | |||
| Town Planning Staff for further future action, with | |||
| request to cooperate. | |||
| He submits that if the petitioner's land is<br>to | |||
| be taken<br>for road widening, the procedure under | |||
| Municipal Corporation Act, is<br>firstly by agreement | |||
| with<br>the<br>land<br>owner<br>under<br>Section<br>146<br>and | |||
| thereafter, if the land owner is not willing to give by | |||
| agreement, to acquire under Section 147.<br>He | |||
| submits that when pursuant to the said banner, the | |||
| petitioner expressed displeasure<br>to give the site, | |||
| the staff of the respondent No.2 stated that the site | |||
| will be taken for road widening and the TDR bonds | |||
| by way of compensation will be issued, which is | |||
| contrary to law as the petitioner cannot be forced | |||
| or<br>compelled<br>to<br>take<br>TDR<br>Bonds<br>without<br>his | |||
| willingness to give the land/property. |
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| Sri<br>G.Naresh<br>Kumar,<br>learned<br>Standing | |||
| Counsel for the respondent No.2, represents that it | |||
| is not clear from the material on record, as on | |||
| today, whether any notice under Section 146 of the | |||
| Act was given to the petitioner<br>or not.<br>He requests | |||
| for time to seek instructions. He fairly submits that | |||
| the land of the petitioner cannot be taken for any | |||
| public purpose, without following due process of | |||
| law under Sections 146 and 147 of the Act. | |||
| List on 03.11.2022, to enable Sri G.Naresh | |||
| Kumar, to obtain instructions in the matter. | |||
| Till the next date of listing, no coercive | |||
| action<br>will<br>be<br>taken<br>against<br>the<br>petitioner's | |||
| land/property nor the same shall be utilized for road | |||
| widening, without following due process of law. | |||
| ________<br>RNT,J | |||
| Scs | |||
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
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