HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIONNos. 9420 AND 4200 OF 2021

COMMON ORDER

The lis involved in both the writ petitions is one and the same. Therefore, the same were heard together and decided by way of this common order.

2. Heard Sri A. Prabhakar Rao, learned counsel for the petitioners, Sri Ch.Ravi Kumar, learned Assistant Government Pleader attached to the office of learned Advocate General, appearing for respondent No.1, Sri Pasham Mohit, learned Standing Counsel appearing for Greater Warangal Municipal Corporation (GWMC), Mr. P.Chandrasekhar Reddy, learned Standing counsel appearing for Kakitiya Urban Development Authority (KUDA), learned Govt. Pleader for Roads & Buildings and learned Asst. Govt. Pleader for Revenue.

3. W.P.No.4200 of 2021 is filed by Dr. G.Venkateshwara Sarma, to declare the action of the respondents in putting marking to an extent of 22 feet from the compound wall for demolition of the clinic and also the buildings bearing H.Nos.11-26-53, 11-26-54 and 11-26-55 situated at M.G.Road, Gopala Swamy Temple, Warangal, Warangal Urban District (subject houses) for widening of the existing road from 80feet to 100feet without notice and without following due procedure laid down under law as illegal.

4. Whereas, said Dr.G.Venkateshwara Sarma and his brother Sri G. Manikya Prasad, filed W.P.No.9420 of 2021 to declare the action of respondents in demolishing the compound wall, 9 shops in ground floor, office building and commercial space in the 1^st floor covered by houses bearing Nos.11-26-53, 11-26-53/1, 11-26- 55 and 11-26-56 situated in the same location (subject houses), as illegal.

Facts of the case:-

5. The petitioners are claiming that their father late G.S.Madhava Rao, had obtained permission and constructed the building in the year 1966. The same is abutting to main road known as M.G. Road in Warangal. The width of the road in the year 1966 was 46 feet. 2^ndrespondent i.e. GWMC prepared draft Master Plan for widening the road, as per the procedure prescribed under A.P Urban Areas (Development) Act, 1975 ( Act, 1975).

Government approved the Master Plan road in the year 1971. But the respondents herein did not implement the same by initiating proceedings for acquiring the required land for widening of the road. Without initiating the proceedings under Land Acquisition Act, 1894 (LA Act),the respondents widened the road from 46feet to 80feet.Respondents have taken the land from the site in which petitioners’ building is situated to widen the road from 46 to 80 feet. Drainage was constructed at the edge of the road. The respondents have no authority to implement the said Master Plan road for the purpose of widening the existing road upto 100feet after lapse of 50 years from the date of approval by the government under Section 10 of the Act, 1975.Widening of road has to be taken up after following due procedure laid down under the LA Act. 6. There was vacant land in front of the said building.

Petitioner’s father applied for construction of building in between the compound wall and the old building and paid planning fee, but the then Municipality did not grant permission within the time frame. Therefore, their father commenced the construction claiming benefit under deemed permission clause. Respondent Municipality started interfering with the construction. Therefore, their father had filed a suit vide O.S.No.926 of 1985 against the Selection Grade Municipality, Warangal, before the learned Principal District Munsif at Warangal seeking perpetual injunction restraining the respondents from interfering with the construction. The said suit was decreed vide Judgment dated 17.01.1990. Aggrieved by the said order, the Municipality, Warangal, preferred an appeal vide A.S.No.36 of 1990. Learned District Judge, Warangal, dismissed the said appeal vide Judgment dated

30.01.1992.

7. When the KUDA, Warangal issued notice, father of the petitioners had filed a suit in O.S.No.225 of 1986 against Kakatiya Urban Development