Andhra Pradesh High Court - Amravati

Shaik Yunus vs The State Of Andhra Pradesh on 18 April, 2023

Bench: Prashant Kumar Mishra, Ninala Jayasurya

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                   &
             HON'BLE MR. JUSTICE NINALA JAYASURYA


              WRIT PETITION (PIL) No.45 OF 2023
                        (Through physical mode)

Shaik Yunus, son of late Subhani,
Aged about 40 years, Occupation: Cultivation,
A resident of #1-194, Pedakurapadu village
and Mandal, Guntur District.

                                                      ..Petitioner
                                 Versus

The State of Andhra Pradesh
Represented by its Principal Secretary,
Department of Panchayat Raj, Secretariat,
Velagapudi, Amaravati, Guntur District,
and others.
                                                     ...Respondents

                                  ***

ORAL ORDER Dt:18.04.2023

(per Prashant Kumar Mishra, CJ)

1. This writ petition in the nature of public interest litigation has

been preferred seeking the following relief:

"For the reasons stated in the accompanying

affidavit, it is hereby prayed that this Hon'ble Court may

be pleased to issue a writ, order or direction more

particularly one in the nature of writ of Mandamus HCJ & NJS,J

declaring the inaction of the respondents in preventing

the encroachments and removing the unauthorized illegal

construction in the Government land situated in Survey

No.335-1, 335-3, 335-4, 335-5 at Returu Village of

Kakumanu Mandal of Guntur District, which is classified

as Tank, is illegal, arbitrary and unconstitutional, and

consequently, direct the respondents to take immediate

action in removing the encroachments and the

unauthorized illegal construction in the Government land

situated in Survey Nos.335-1, 335-3, 335-4, 335-5

Kakumanu Mandal of Guntur District, which is classified

as a Tank (Cheruvu) following due process of law in

terms of common order of the Division Bench of High

Court of A.P. in W.P.(PIL) Nos.150 of 2019 and 31 of

2022 and pass such other order or orders as this Hon'ble

Court may deem fit, just and proper in the circumstances

of the case."

2. 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 HCJ & NJS,J

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 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 HCJ & NJS,J

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."

3. 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.

4. 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 HCJ & NJS,J

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

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