ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India seeking a direction to respondent Nos.2 to 7 not to demolish and interfere with the petitioner’s possession and enjoyment of house property bearing H.No.8-131, situated in Pallegudem village and Grampanchayat, Khammam Rural Mandal, Khammam District for the purpose of widening the road, without issuing any prior notice and without following the due process of law.

I. FACTS IN BRIEF:

2. The case of the petitioner is that the petitioner is the absolute owner and possessor of house property bearing H.No.8-131, situated at Pallegudem Village, Khammam Rural Mandal, Khammam District, admeasuring about 300 square yards and his name is reflected in the Gram Panchayat records as owner of the said property and he has been regularly paying property tax and electricity charges in respect of the said property. It is further pleaded that he has constructed an RCC residential building with a ground floor in an extent of about 200 square yards within the said property and has been in peaceful possession and enjoyment thereof.

3. It is the specific case of the petitioner that the R&B Department has proposed widening of the road from Pallegudem to Dornakal Road via Pallegudem, Thirthala, Jangalagudem and Yennaram Villages. According to the petitioner, the respondent authorities have marked his compound wall for demolition and are attempting to demolish a portion of his house property for the purpose of road widening. It is further alleged that such demolition would cause severe damage to the existing structure and result in irreparable loss and injury to the petitioner.

4. The petitioner alleges that the respondent authorities, accompanied by JCBs, visited the subject property on various occasions and attempted to demolish the same without issuing any notice or initiating acquisition proceedings and without following the due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Apprehending forcible demolition and dispossession without issuance of notice, payment of compensation or compliance with statutory procedure, the petitioner has approached this Court seeking protection against such illegal interference with his property.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

5. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of house property bearing H.No.8-131, situated at Pallegudem Village, Khammam Rural Mandal, Khammam District and has been in peaceful possession and enjoyment of the same. It is contended that the respondent authorities are attempting to demolish a portion of the petitioner’s house property for the purpose of road widening without initiating any acquisition proceedings and without following the procedure contemplated under law.

6. Learned counsel would further submit that no notice has been issued to the petitioner, no compensation proceedings have been initiated and no steps have been taken under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is contended that the proposed action of the respondents in seeking to demolish the petitioner’s property without following the due process of law is arbitrary, violative of the principles of natural justice and infringes the petitioner’s rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India. It is therefore, prayed that the respondents be restrained from interfering with the petitioner’s property except in accordance with the due process of law.

III. SUBMISSIONS ON BEHALF OF THE OFFICIAL RESPONDENTS:

7. Learned Assistant Government Pleader for Roads and Buildings, on instructions, submits that if any land belonging to the petitioner is required for the purpose of road widening, the respondents would follow the due process of law.

IV. CONSIDERATION BY THE COUR