Writ petition challenging illegal demolition of petitioner's house by Nizamabad Municipal Council without notice. Court applied legal principles required for road widening and acquring land.
Maintenance of status quo until petitioner's claim for assessment/ownership is decided; no costs awarded to either party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION NO : 13597 of 2004
Between:
Y.Sreenivas, S/o Late Y.Bhoomaiah, R/o.H.No.2-2-421, Upper Takdi, Nizamabad, Nizamabad District
..... PETITIONER
AND
The Commissioner, Nizamabad Municipal Council, Nizamabad, Nizamabad District
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in trying to demolish the house bearing No.2-3-255 & 256, situated at Big Bazar 'X' Road, Nizamabad, without issuing any notice under Municipalities Act or Land Acquisition Act, as illegal, arbitrary and against the principles of natural justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice Counsel for the Petitioner:MR.CH.JANARDHAN REDDY
Counsel for the Respondent: MR.R.TIMMA REDDY, SC FOR MUNICIPALITIES
The Court at the admission stage made the following :
ORDER:
The petitioner alleges that he is owner of house bearing No.2-3-255 & 256 situated at Big Bazar Cross Road, Nizamabad. He constructed the house allegedly after obtaining necessary permission from the respondent, and paying the property tax regularly. It is alleged that on 29.7.2004 the respondent, with an intention to widen the road near Big Bazar Cross Road area of Nizamabad, came to the area with his staff and demolished certain buildings which are adjacent to the house of petitioner without issuing any notice, and the respondent also informed the petitioner that a part of the building of petitioner will also be demolished. Therefore, he submits that any such action without due process of law under the provisions of the A.P. Municipalities Act, 1965, or the Land Acquisition Act, 1894 or other laws is arbitrary and illegal.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent – Municipality.
In P.Lakshmana Rao v. Executive Officer, a Division Bench of this Court issued directions to be followed by Municipal authorities, Panchayat authorities and Revenue authorities for acquiring the land for public purpose. Having regard to the decision of the Division Bench, I have considered similar issue in a number of writ petitions and culled out various principles of law to be followed by the Government while acquiring/utilizing the private land for road widening. The principles were reiterated by my learned brother, Sri Justice B.Sudershan Reddy in M.Madhavi Latha v. Rajendranagar Municipality. The principles laid down by the Division Bench are as follows.
(1). Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossess or evict the occupants or demolish the property.
(2). If the authorities concerned want to take action for eviction/dispossession of the occupants or demolition, they shall issue 60 days’ prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections, if any, from the occupants. On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment or unauthorised occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants.
(3). In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith.
(4). If the demolition is in respect of local bodies’ Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction.
(5). In case of demolition of private property, the authorities concerned shall determine the loss caused to the occupants on the basis of the assessment to be made by the Engineer of R&B Department and on such assessment of damages, the concerned authorities shall take appropriate steps to disburse the amount quantified forthwith.
(6). If there is any claim for grant/assessment of the property, the concerned authorities shall consider the same in accordance with law taking into consideration the eligibility and the entitlement of occupants, after making enquiry and till such claim is decided, there shall be status quo obtaining as on today regarding the structures.
The writ petition is disposed of as above, directing maintenance of status quo as on today, if petitioner is still in possession of the property as on today. No costs.
_________________ (V.V.S.RAO, J) 3.8.2004 bnr Note:Issue CC by 4.8.2004. (B.O) bnr
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1.The Commissioner, Nizamabad Municipality,
Nizamabad, Nizamabad District.
2.2CCs to Sri R.Thimma Reddy, SC for Municipalities, High Court Bldgs., Hyderabad (OUT)
3.2CD copies
2 issues framed by the court
Whether the Municipality can demolish private property without issuing a statutory notice under the Municipalities Act.
Whether demolition of private property for road widening violates principles of natural justice.
Colour shows how this judgement treated each authority
P.Lakshmana Rao v. Executive OfficerRelied on¶19
P.Lakshmana Rao v. Executive Officer
M.Madhavi Latha v. Rajendranagar MunicipalityReferred¶19
M.Madhavi Latha v. Rajendranagar Municipality
1 provisions across 1 enactments
Y.Sreenivas
The Commissioner
V.V.S Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
