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2001 Supreme(AP) 84

B.SUDERSHAN REDDY
Manga Madhavilatha – Appellant
Versus
Rajahmundry Municipality – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) HEARD the learned Counsel for the petitioner and the learned Standing counsel for the respondent-Municipality and at their request and consent, the matter is taken up for final disposal at the stage of admission.

( 2 ) RULE nisi.

( 3 ) THE petitioner herein claims to be the owner of the building in question. She is aggrieved by the action of the respondent in seeking to demolish her house. It is complained that the respondent is taking steps to demolish the existing building without following the due process of law. It is contended that the said action on the part of the respondent is contrary to the judgment of a Division Bench of this Court dated 3-2-1998 in W. P. No. 21198 of 1997. This Court, having noticed a large number of cases arising out of such action of various corporations, Municipalities and departments, laid down the following guidelines to be followed by the authorities. (1) Whether 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 authori




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