Muppala Narendra vs The State Of Andhra Pradesh
2023 Latest Caselaw 2618 AP

Citation : 2023 Latest Caselaw 2618 AP
Judgement Date : 28 April, 2023

Andhra Pradesh High Court - Amravati

Muppala Narendra vs The State Of Andhra Pradesh on 28 April, 2023

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

           WRIT PETITION No. 10263 of 2023

JUDGMENT:

1) Heard Sri. Ratan Mohan Medida, learned Counsel for

the Petitioner, Sri G.Naresh Kumar, learned counsel,

representing Sri M.Manohar Reddy, learned Standing

Counsel for the Respondent No.2, and learned Government

Pleader for Municipal Administration and Urban

Development accepts notice for the Respondent No.1.

2) The Petitioner feeling aggrieved from the impugned

notice, dated 03.04.2023, served to the Petitioner on

12.04.2023 [Ex.P1] has filed the present Petition

challenging the said notice.

3) By the impugned notice, the Petitioner has been

directed to remove the encroachments made by the

Petitioner in the layout reserve open space for the

prescribed purpose i.e., park in which to a certain extent

the Petitioner has raised certain constructions, failing

which the notice provides that the encroachments shall be

removed by the Municipal Corporation as per Sections 405

and 406 of the A.P. Municipal Corporation Act, 1955 ['short

APMC Act'].

4) The impugned notice, refers to the Order, dated

20.10.2022, passed by the Division Bench of this Court in

W.P. (PIL) No.108 of 2022.

5) Sri. G.Naresh Kumar, submits that, from the notice

itself, it is evident that if the Petitioner does not remove the

encroachment, the Corporation would proceed as per

Sections 405 and 406 of the APMC Act.

6) Section 406 of the APMC Act, contemplates for giving

notice for affording opportunity of hearing against the

proposed action of removal of encroachment. If, according

to the Petitioner there is no encroachment or if he does not

remove the encroachment mentioned in the notice, the

Municipal Corporation shall proceed in accordance with

law after issuing notice.

7) In the W.P. (PIL) No. 108 of 2022, the Division Bench

of this Court passed the following Order, on 20.10.2022:

"8. In view of the fact that the encroachments alleged in the present cases are over the tank lands/government land/road poramoboke and the similar issue was dealt with in W.P. (PIL) No.140 of 2022 and batch, we deem it appropriate to dispose of these cases in terms of the judgment in W.P.(PIL) No.140 of 2022 and batch, with the following directions:

"(i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats shall identify the Gram Panchayat lands/tank lands/road poramboke, 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 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."

9. With the above directions, the Writ Petitions and writ appeal are disposed of. .........."

8) The Division Bench of this Court clearly provided to

follow the principles of natural justice for removal of the

encroachment/unauthorized constructions.

9) Consequently, the apprehension of the Petitioner

that, pursuant to the impugned notice, the alleged

encroachment shall be removed is not well founded. In

such a case, the further action contemplated in the notice

is that, then the Municipal Commissioner shall proceed

under Sections 405 and 406 of the APMC Act.

10) The Writ Petition is therefore disposed of with

direction to the Respondents to proceed in the matter, as