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1996 Supreme(AP) 7

B.SUBHASHAN REDDY
BOC India Limited, Power of Attorney Holder, K. Anand – Appellant
Versus
Municipal Corporation of Hyderabad rep. , by the Commissioner, Hyderabad – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS Writ Petition seeks a Mandamus declaring the letter dated 20-4-1995 issued by the respondent calling upon the petitioner to surrender land for road widening free of cost in lieu of grant of permission for construction as unlawful and illegal.

( 2 ) THE petitioner is a Company dealing in Petroleum products. A branch of the petitioner was set-up at Premises No. 8-4-300/1 on National Highway No. 9 leading to Bombay at Sanathnagar, Hyderabad. On two earlier occasions, whenever road was widened, under two spells, the petitioner was paid compensation under the provisions of the Land Acquisition Act, 1894. On third occasion also, a portion of the land on the front abutting the National Highway mentioned above was earmarked for road widening. The right of the local authority, in the instant case the respondent, to make such a demand if it is really needed for widening of the road, cannot be disputed. But, the respondent cannot escape the liability to pay the compensation so as to discharge the obligation of a constitutional guarantee embodied under Article 300-A of the constitution of India. It is a diifferent thing if the party enters into some sort of agr




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