Telangana High Court
S. Venkatesham vs State Of Telangana on 1 February, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.2459 OF 2024
ORDER:
This Writ Petition is filed for issuance of writ of mandamus to declare the action of respondent Nos.2 and 3 in widening the existing road leading from Kapra to Yellareddyguda, Kapra Mandal, Medchal Malkajgiri District, as being illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India apart from violating the provisions of GHMC Act;, 1955.
2. Heard learned Counsel for petitioner, learned Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1, Sri M. Durga Prasad, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 and with the consent of the learned Counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.
3. Petitioner contends that he is the owner of land admeasuring 1180 square yards bearing plot No.4 in Sy. Nos.12, 13, 27, 28 and 29 situated at Padmaraonagar, Kapra village and Municipality, Kapra, Keesar Mandl, Ranga Reddy District.
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4. Petitioner further contends that, since the subject plot was part of unapproved lay out, he had obtained regularization under the Lay out Regularization Scheme introduced by the Government; and that the petitioner thereafter got a residential house constructed and obtained Occupancy Certificate for the same.
5. Petitioner contends that there existed a road infront of his house; and that the respondent authorities have taken up widening of the road.
6. Petitioner further contends that though the respondent authorities had proposed to widen the road by extending the same to an extent of 7 metres on either side, instead of widening the road equally on either side, are undertaking widening of the same only on one side, resulting in the petitioner losing part of his property wherein the petitioner's house is situated and that the respondent authorities are undertaking such action without following due process of law.
7. Per contra, Sri M. Durga Prasad, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 has placed before this Court the written instructions under the signature of Executive Engineer, Kapra Circle-1, GHMC and Deputy Commissioner, Kapra Circe-1, GHMC dated 01.02.2024. 3 By the said written instructions, it is stated that the "road widening of approach roads to Yellareddyguda culvert is sanctioned and at present work is under progress. In this connection, it is to mention that road widening is being done by taking center line method and the same amount of width is being widened on either sides of existing road duly following all the standard operating procedures and it is not anyway affecting the plot of the petitioner. Also road formation and compaction is being done at present in the presence of petitioner."
8. Learned Standing Counsel by placing the above written instructions on record would submit that no part of petitioner's property would be affected and in the event of any part of the petitioner's property is affected by the proposed road widening, the authorities would follow due process of law.
9. Having regard to the submissions made as above and also taking note of the written instructions as furnished to this Court as extracted above, this Court is of the view that the respondent authority should be directed to follow due process of law in the event of any part of the petitioner's property is affected on account of the road widening undertaken by them. 4
10. Subject to the above observation and direction, the Writ Petition is disposed of. No costs.
As a sequel, miscellaneous petitions pending if any shall stand closed.
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Date: 01.02.2024 T. VINOD KUMAR, J
MRKR