N V SRINIVASU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner owns property bearing No. 7-6-48, situated at M.G.Road, Vizianagaram. The width of the road was 45 feet when the petitioner made the construction. On the basis of permission accorded by the Government, Vizianagaram Municipality and the Roads and Buildings Department initiated steps for widening the road to 60 feet. The petitioner states that himself and others have given their consent to leave the required set back without claiming any compensation. It is stated that the petitioner had demolished voluntarily the affected portion and renovated the road facing part of the building to enable the respondents to widen the road to 60 feet. The grievance of the petitioner is that the respondents have initiated steps for widening the road to 80 feet and in the process, are trying to demolish the building. It is stated that neither any proceedings for acquisition of the affected portion were initiated nor any compensation was paid.

(2.) Respondent No. 2 filed a counter-affidavit stating that the road widening work is undertaken by them at the instance of the Municipality.

(3.) No counter-affidavit is filed by respondent No. 3.