K SADASIVA KRISHNARAO Vs. MUNICIPAL COUNCIL MACHILIPATNAM MUNICIPALITY

JUDGEMENT

(1.) This writ appeal arises out of the writ petition filed for declaring that the action of the 1st respondent in acpuir- ing part of the building bearing D No. 26/303 along with the site measuring 135 1/2q. yards situate in Kojjilipet, Machilipatnam as illegal and void.

(2.) The Machilipatnam Municipality issued a notice, dated 22-4-1981 to the petitioners in the writ petition stating that the Municipal Council resolved to acquire part of the building and site belonging to the petitioners for purposes of widening (he Kannedy Road. The notice is challenged on the ground that the action is arbitrary as part of the building is sought to be acquired and Section 172 of the Act authorising the acquisition is arbitrary and the Municipality should have adopted he procedure under the Land Acquisition Act for compensation.

(3.) The learned single Judge held that Section 172 is not arbitrary and the Munlcipality is not obliged to have recourse to procedure laid down under Land Acquisition Act as widening of the road is imminent and it is also held that the executive committee is a responsible body and is expected to exercise discretion in a judicious manner and fix the reasonable compensation.