MAGANTI SUBRAHMANIYAM Vs. K DURGA DAS

JUDGEMENT

(1.) This Contempt Case is filed alleging that the respondents have undertaken demolition of the premises belonging to the petitioners on Mahatma Gandhi Road (MG Road) Vijayawada, in utter disregard of the orders dated 6-1-2006 passed by this Court in W.P.M.P. No.723 of 2006 in W.P. No.596 of 2006.

(2.) The petitioners state that the width of the M.G. Road of Vijayawada, according to the master plan, approved vide G.O. Ms. No.958, dated 16-12-1969; was 80 feet, and thereafter, the master plan was not revised, either under the A.P. Town Planning Act, 1920, or under the A.P. Land Areas (Development) Act, 1975, after Vijayawada Municipality was upgraded as a Municipal Corporation. Petitioners filed W.P. No.596 of 2006 alleging inter alia that the 1st respondent issued public notice dated 26-12-2005, in the local daily newspaper, inviting objections for the proposed widening of the said road. They have also contended that the markings were made on the buildings of the petitioners indicating the extent, that will be effected in the road widening. They prayed for issue of writ of mandamus, to restrain the respondents from taking any action in the matter of widening of the M.G. Road, without there being any revised master plan and without following the guidelines issued by this Court in the orders dated 25-9-2002 in W.P. No. 18563 of 2002, or without following the procedure prescribed under the Land Acquisition Act.

(3.) The writ petition was admitted and an interim order was passed on 6-1-2006, directing that the respondents shall not demolish the premises of the petitioners or dispossess them, without following the procedure prescribed by law.