Supreme Court - Daily Orders
M.Bhagwanth Reddy . vs Telangana Housing Board The Vice ... on 20 July, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 460-461 of 2010
M. BHAGWANTH REDDY & ORS. Appellant(s)
VERSUS
THE VICE CHAIRMAN AND HOUSING COMMISSIONER,
TELANGANA HOUSING BOARD & ORS. Respondent(s)
O R D E R
We have heard learned counsel for the parties. Since the road in question was acquired for public purpose, it is difficult to hold the said road is a private road. Thus, there is no justification to deny access through the said road to all.
We have perused the affidavit filed on behalf of respondent no.1 in reply to I.A.No(s).15-16 of 2016. Therein it is stated that in order to prevent any encroachment and to maintain the atmosphere, the compound wall was decided to be erected but separate passage is provided in the middle of the approach road which allows passage for vehicles from one side to other. A rough plan has been annexed to the reply as Annexure-8. The said plan shows there are two pink passages. A further affidavit was filed along with which another plan has been annexed showing willingness for providing access at two points on the road which accesses were marked in pink colour.
Signature Not Verified
We are, however, of the view that apart from the above two Digitally signed by MAHABIR SINGH Date: 2017.07.24 17:21:13 IST Reason: passages another passage at an appropriate location, as may be found viable, be provided for. This order may be complied with 2 within two months from today.
Accordingly the appeals stand disposed of. Pending applications, if any, shall also stand disposed of.
..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, July 20, 2017.
3
ITEM NO.102 COURT NO.12 SECTION XII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 460-461/2010
M. BHAGWANTH REDDY & ORS. Appellant(s)
VERSUS
THE VICE CHAIRMAN AND HOUSING COMMISSIONER, TELANGANA HOUSING BOARD & ORS. Respondent(s) Date : 20-07-2017 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. P.H. Parekh,Sr.Adv.
Mr. G. Seshagiri Rao,Adv. Ms. Ritika Sethi,Adv.
Mr. Utkarsh Dixit,Adv.
Mr. Balbir Singh Gupta, AOR For Respondent(s) Mr. S. Udaya Kumar Sagar, AOR Mr. Mrityunjai Singh,Adv.
Mr. Dushyant Parashar,Adv. Mr. Manoj Saxena,Adv.
Mr. Ram Krishna,Adv.
Dr. Kailash Chand, AOR Mr. Vivek Singh,Adv.
Mr. Sudhakar Kulwant,Adv.
UPON hearing the counsel the Court made the following O R D E R Mr. Sudarshan Reddy, Executive Engineer, Telangana Housing Board, is present in person in the Court with learned counsel for the respondent.
In terms of the signed order, the appeals are disposed of.
(MAHABIR SINGH) (SNEH LATA SHARMA) COURT MASTER COURT MASTER
(Signed order is placed on the file)