Hlc1 Water Users Association And ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 8814 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                         &
           HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                    WRIT PETITION No.24066 OF 2011

Mannava Narasimha Rao, S/o Narasimharao,
Aged about 65 years, Hindu, Cultivation,
R/o Pedakakani Village and Mandal,
Guntur District
                                                                   ..Petitioner
                                       Versus

State of Andhra Pradesh,
Represented by the District Collector,
Guntur, Guntur District and others.
                                                               ...Respondents

ORAL ORDER Dt:17.11.2022

(per Prashant Kumar Mishra, CJ)

1. This writ petition has been preferred seeking the following relief:

".....to issue an appropriate writ, order or direction especially in the nature of writ of mandamus declaring the inaction of the respondents, particularly respondents 1 to 3 in not taking effective action in removing the encroachments in an extent of Ac.13.40 cents of land in D.No.28 of Pedakakani Village, belonging to Sri Venugopalaswamy and Anjaneyaswamy Temple, Pedakakani Village and Mandal, Guntur District as arbitrary, illegal, malafide opposed to the principles of natural justice and unconstitutional and direct the respondents, particularly respondents 1 to 3 to take action so as to remove the encroachments in the aforesaid said land and HCJ & DVSSS,J 2 WP_24066_2011

see that the said land absolutely vests with Sri Venugopalaswamy Temple and Anjaneyaswamy Temple, Pedakakani Village and Mandal Guntur District......"

2. We have heard the learned counsel for the parties and perused

the material available on record.

3. The issue of encroachment of government lands/public utility

lands vested in the State, which are meant for common benefit of

individuals, was considered in detail by the Hon'ble Supreme Court in

Jagpal Singh v. State of Punjab reported in (2011) 11 SCC 396,

while dealing with a case of encroachment of village pond. In the said

judgment, the Hon'ble Supreme Court, having noted its earlier

decisions in M.I. Builders (P) Ltd. v. Radhey Shyam Sahu

reported in 1999 (6) SCC 464; Friends Colony Development

Committee v. State of Orissa reported in 2004 (8) SCC 733 and

Hinch Lal Tiwari v. Kamala Devi reported in AIR 2001 SC 3215

(followed by the Madras High Court in L. Krishnan v. State of Tamil

Nadu [2005 (4) CTC 1 Madras]), issued the following directions as

contained in paragraph 22 of the judgment, which reads thus:

"22. Before parting with this case, we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the HCJ & DVSSS,J 3 WP_24066_2011

common use of villagers of the village. For this purpose, the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land."

4. Despite the directions of the Hon'ble Supreme Court in Jagpal

Singh (supra) as noted above, no steps are being taken by the

Government and its authorities in protecting the government lands. As

the public authorities are failing in their duties in protecting the

government lands, which are meant for the common use of general

public, despite bringing to their notice, public spirited persons are

approaching this Court to intervene and direct the public authorities to

protect the government lands from encroachments.

                                                                     HCJ & DVSSS,J
                                     4                             WP_24066_2011

5. In identical matters i.e., W.P (PIL) No.140 of 2022 and batch,

which were filed alleging inaction of the State and its authorities in

protecting the government lands of different classifications, viz., tank

land/grama kantham/burial ground/forest land/road margin/play

ground/cart track/hill poramboke/coastal areas/grazing land etc., this

Court placing reliance on the aforesaid judgment of the Hon'ble

Supreme Court and the Andhra Pradesh Gram Panchayats (Protection

of Property) Rules, 2011, issued the following directions:

(i) The executive authority, i.e., Panchayat

Secretary, of the respective Gram Panchayats in the State

shall identify the Gram Panchayat lands, which are

unauthorizedly occupied/encroached, and take steps for

removal of such encroachments by issuing notice and

providing opportunity of hearing to the unauthorized

occupants/encroachers in terms of the procedure

prescribed in Rules of 2011. This complete exercise shall

be done within a period of six months from today.

(ii) So far as the encroachments over the lands

concerning the Municipalities/Forest Department/Revenue

Department are concerned, even if no separate Rules

have been framed prescribing the procedure to be

followed in the matter of removal of encroachments over HCJ & DVSSS,J 5 WP_24066_2011

those lands, the officials of the concerned Departments,

i.e., the Departments of Municipal Administration, Forest

and Revenue, shall also undertake and complete

the exercise of identification of unauthorized

occupations/encroachments over the lands belonging to

their respective Departments, within a period of two

months from today, and thereafter, take steps for

removal of such encroachments by following the

principles of natural justice, i.e., issuing notice and

providing opportunity of hearing to the unauthorized

occupants/ encroachers, within a further period of four

months.

6. In view of the fact that the encroachments alleged in the

present writ petition are in the land of Sri Venugopalaswamy and

Anjaneyaswamy temple, Pedakakani Village and Mandal, which is

under the control of the Endowment department, following the

judgment in W.P. (PIL) No.140 of 2022 and batch, we direct the

officials of the concerned Department to undertake and complete the

exercise of identification of unauthorized occupations/encroachments

over the subject land and any other lands belonging to their

Department, within a period of two months from today, and thereafter,

take steps for removal of such encroachments by following the relevant HCJ & DVSSS,J 6 WP_24066_2011

rules and the principles of natural justice, i.e., issuing notice and

providing opportunity of hearing to the unauthorized occupants/

encroachers, within a further period of four months.

7. With the above direction, the Writ Petition is allowed. No costs.

Pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J

Ksp