V. Govindamma vs The State Of Andhra Pradesh.
2022 Latest Caselaw 1320 AP

       THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                              W.P.No.275 of 2022
ORDER:-

      This Writ Petition is filed under Article 226 of the Constitution

of India for the following relief:

       "... to pass orders particularly one in the nature of Writ of
       Mandamus declaring the inaction of the respondents in removing

the encroachments on the road poramboke in survey No.444 of Ananthapuramu opposite to Collectorate buildings on NH 42 despite the orders of the Chief Commissioner of Land Administration in Proceedings No.BCW/1/241/2018, dated 27.05.2019 dismissing the respondents appeal as per the Judgment in W.A.No.343 and 395/2017 dated 03.04.2017 and 4th respondent's Lr.No.1223/Encroachments/NH42/2020-21 dated 27.04.2021 requesting for removal of encroachments; as arbitrary, illegal, malafide and contrary to Section 7 of Land Encroachment Act, 1905 and Articles 14 and 21 of the Constitution of India and consequently direct the respondents to remove the encroachments and grant such other relief as may be deemed just and proper in the interests of justice."

2. The grievance of the petitioner herein is that the unofficial

respondent Nos.5 to 10 were encroachers of the property in the road

margin leading to 50 ft vide road poramboke abutting 100 feet NH 42

in surve No.444. Basing on the complaint issued by the Writ

Petitioner herein the Ananthapuramu Municipal Corporation issued

notice to all the encroachers for removal of the encroachments in the

year, 2012. Some of the encroachers have filed Writ Petitions before

the composite High Court of Andhra Pradesh, at Hyderabad, seeking

not to demolish their houses, which were dismissed. Against the

same, the encroachers have filed Writ Appeal before the composite

High Court of Andhra Pradesh, at Hyderabad. The Writ Appeals were

disposed of vide common order, directing the respondent authorities

to consider the objections and pass orders. Accordingly, the

Tahsildar, Ananthapuram initiated proceedings under Andhra

Pradesh Land Encroachment Act, 1905 and passed orders declaring

the respondents and others as encroachers. Against the order of

Tahsildar, Ananthapuram, the encroachers filed revision before the

2nd respondent-District Collector and the District Collector dismissed

the petition. The same was confirmed by the Chief Commissioner of

Land Administration. The respondents vide Writ Appeal No.343 of

2017 and batch filed C.C.No.1228 of 2017 for not removing the

encroachments made by the unofficial respondents herein. On

receiving the notices from the composite High Court of Andhra

Pradesh, at Hyderabad, the District Collector filed counter stating

that all the encroachments abutting to lay out were removed.

3. The grievance of the petitioner herein is that the official

respondents have removed the encroachments partly to lay the road

and left the portion of the encroachments under the political

pressure and to facilitate the encroachers to rebuild/repair the

structures. Infact, the entire land is an encroachment and the

remaining poramboke is required for service road. The 100 feet road

abutting the petitioner's land is a national highway and bye-pass

road from Tadipatri to Bangalore. The 4th respondent-

Superintendent Engineer, Roads and Buildings Division,

Ananthapuramu, Ananthapur District cannot use the highway

without service road. The petitioner being the adjacent land owner

has right for safe road apart from right to question the

encroachment.

4. Notices were issued to the unofficial respondents and they filed

vakalat through Sri B.S. Venkata Ramesh, learned counsel, who has

submitted that they removed the encroachments.

5. Sri L. Abhilash Reddy, petitioner filed W.P.No.4656 of 2022

questioning the action of the Superintendent Engineer, Roads and

Buildings Division, Ananthapuramu District in not considering the

representation of the petitioners dated 03.01.2022 to widen the R &

B Road Margins abutting National High Way NH-42 extending in

survey No.444 of Ananthapur District.

6. In the said Writ Petition the learned Government Pleader for R

& B placed written instructions before this Court, wherein it is stated

as extracted hereunder:

"In this regard, it is submitted that Revenue and Municipal Authorities are

demarcate the available ROW as per the Records at Petitioners said location

i.e., on the other side of the Collectorate, Anantapuramu.Further, it is

submitted that the work is executed as per the plan and profile approved by

the MoRT&H, Government of India. Accordingly, the RCC drains are

constructing at the both sides of the proposed widening NH 42 road by

taking required land width within available ROW as per the plan and profile

approved. As per Revenue and Municipal records, the ROW widths are not

available uniformly. Further, it is submitted that extra land width is

available here and there along with proposed widening road as stated by

the petitioners and at the same places, it is proposed to provide amenities to

the road users like Bus Bays, Bus Shelters, Parks, Walking Tracks etc., to

avoid the encroachments in available remaining road poramboke land soon

after getting approval from the competent authorities in vague."

7. Basing on the written instructions made by the learned

Government Pleader for Roads & Buildings this Court disposed of the

Writ Petition by directing the Superintendent Engineer, Roads and

Buildings Division, Ananthapuramu District to consider the

representation dated 03.01.2022 submitted by the petitioners and

take appropriate decision within a period of two (2) weeks.

8. As per the written instructions submitted by the learned

Government Pleader for Roads and Buildings it is stated that the

authorities have to provide amenities to road users like Bus Bays,

Bus Shelters, Parks, Walking Tracks etc., to avoid encroachments.

9. The grievance of the petitioner is that though they have stated

that there are no encroachments still there are encroachments in the

road abutting to the NH 42 in survey No.444, Ananthpuram District.

10. Learned Government Pleader submitted written instructions

when the matter was listed on 07.03.2022 stating that some of the

demolished structures owners are once again trying to occupy the

National Highway land and fixed the kadapa slab stones near Sir

Thomous Manro Statue, Dharmavaram Road, Ananthapuramu

Urban limits, Ananthapuramu in survey No.444 of Ananthapuramu

Rural Mandal. Hence a letter dated 27.04.2021 was addressed to the

Municipal Commissioner, Ananthapuramu Municipal Corporation,

Ananthapuramu with a request to depute concerned officers like

Municipal Surveyor etc., to identify the road land and to take

necessary action to evacuate the encroachments if any identified

with the immediate effect. Accordingly, the encroachments and the

kadapa slab stones will be removed in survey No.444 abutting NH

42. In the said written instructions it was found that still there were

some encroachments found by the municipal surveyors.

11. Hence, it was pleaded by the learned Government Pleader for

the Roads and Buildings to direct the respondent authorities to

remove the encroachments by following due process of law. Learned

Government Pleader further submits that as per the section 26 of the

National High Ways Act, 1956, there is a procedure contemplated to

remove the said unauthorized occupation and to restore the High

Ways. Learned Government Pleader for Roads and Buildings prayed

this Court to direct the authorities to follow section 26 of National

HighWays Act, 1956 for removal of persons who are in unauthorized

occupation of the National Highway.

12. Learned counsel for the unofficial respondents filed vakalat

through Sri B.S. Venkata Ramesh, learned counsel. Learned counsel

stated that they are not in the occupation of the encroached property

as alleged by the Writ Petitioner in NH 42 in survey No.444 and there

are no kadapa stones or slabs abutting NH 42 in survey No.444.

13. However, considering the above submissions made by the

learned counsel for the unofficial respondents as well as the learned

Government Pleader for Roads and Buildings, the unofficial

respondents are hereby directed to remove the encroachments made

by the unofficial respondents abutting to NH 42 in survey No.444 by

following due procedure of law as contemplated under section 26 of

the National High Ways Act, 1956 within a period of six (6) weeks

from the date of receipt of a copy of the order.

14. With the above directions, the Writ Petition is disposed of. No

costs. Miscellaneous Petitions pending, if any, shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: -03-2022 EPS

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

W.P.No.275 OF 2022

Date: -03-2022

EPS