Single judge disposed of a writ petition challenging the widening of a road affecting petitioner's land, directing the Kurnool Municipal Corporation to implement the proposal only via land acquisition under the 2013 Act.
Directed the respondent to follow the procedure of acquiring land under the 2013 Act if the land is required for road widening.
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.
HON’BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO
WRIT PETITION No.5800 of 2018
ORDER:
This Writ Petition is filed seeking direction by way of Mandamus to declare the action of the respondents in seeking to widen 33 feet road into 100 feet road affecting the land of the petitioner in plot No.200 in Sy.No.611 (611-2B) of Kallur Village and Mandal, Kurnool District, as illegal and arbitrary.
2
master plan, the same shall be implemented by only acquiring the land to the extent required as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
___________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 22.02.2018
pab
2 issues framed by the court
Whether the petitioner's land can be affected for road widening without acquisition under the 2013 Act
Whether the impugned action of the Municipal Corporation is illegal and arbitrary
Colour shows how this judgement treated each authority
W.P.No.16333 of 2002Followed¶4
1 provisions across 1 enactments
Petitioner (occupier of plot No.200, Sy.No.611, Kallur Village)
Kurnool Municipal Corporation
Dr. B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
