Disposed

Shaik Mulali v. The State of Andhra Pradesh

Andhra Pradesh HC8 Feb 2023WP/2563/2023

Case brief

AI extract

What is this about?

The single-judge court disposed of a writ petition where petitioners claimed a drainage channel was excavated without compensation. It directed a survey to demarcate the road margin and mandated compensation under the Land Acquisition Act if excavation proceeds on private land.

What did the court decide?

Directed a survey to demarcate road margin; occupants must not object if channel is in road margin; compensation required by Land Acquisition Act if on private land.

Shaik Mulali Vs The State of Andhra Pradesh — Municipal and Town Planning | Andhra Pradesh HC (2023)

¶1

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶2

W.P.No.2563 of 2023

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ORDER:

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The 1^st petitioner is the owner of an extent of 158 sq. yards in Door No.208 of Bezathpuram Village, Tadikonda Mandal, Guntur District and petitioners 2 to 4 have got certain extent of properties inherited from their forefathers in the same door number.

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The petitioners have approached this Court by way of the present writ petition complaining that the officials of the Gram Panchayat diverted the construction of drainage channel into the 9 feet cement road abutting towards northern side of the petitioners’ property and that the channel is now being excavated through his property without acquiring their land and without paying any compensation.

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Sri G. Venkata Reddy, learned Standing Counsel appearing for respondents 4 and 5 would submit that the drainage channel is being excavated within the road margin abutting the cement road and no part of the channel is being excavated through the property of the petitioners.

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In view of the aforesaid controversy and dispute, this Court deems it appropriate to dispose of this writ petition with the following directions.

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a. The 5^th respondent shall conduct a survey of the area, after giving notice of survey to the petitioners, with the assistance of the Village Surveyor.

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RRR,J 2 W.P.No.2563 of 2023

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b. This survey shall be conducted for the purpose of demarcating the road margin along the 9 feet wide cement road running on the Northern side of the property of the petitioners.

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c. If it is found that the drainage channel is being excavated in the road margin of the said road, the petitioners shall not object to the same.

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d. If it is found that the drainage channel, either in part or fully, is passing through the land of the petitioners, the same shall not be undertaken unless the petitioners are compensated in accordance with the provisions of the Land Acquisition Act.

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With the above directions, this writ petition is disposed of.

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There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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8^th February, 2023 Js.

¶17

RRR,J 3 W.P.No.2563 of 2023

¶18

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶19

W.P.No.2563 of 2023

¶20

8^th February, 2023

¶21

Js.

Shaik Mulali v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Shaik Mulali v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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