Andhra Pradesh High Court - Amravati
Boya Sudha vs The State Of Andhra Pradesh on 7 February, 2023
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.16 of 2023
(Through physical mode)
Boya Sudha, W/o. B.Malli,
Aged 32 years, Occ: Vice-President of
Bapuram Grama Panchayat,
R/o. Patcharahalli Village, Bapuram Post,
Halaharvi Mandal,
Kurnool District-518348, and others.
.. Petitioners
versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Panchayatraj & Rural Department,
Secretariat Buildings, Velagapudi,
Amaravathi, and others.
.. Respondents
ORAL ORDER
Dt: 07.02.2023
(per Prashant Kumar Mishra, CJ)
Heard the learned counsel for the parties and perused the record.
2. 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 filed in
support of the Writ Petition (Public Interest Litigation), the
petitioners herein prays that this Hon'ble Court may be pleased to
issue an Writ or Order or Direction more particularly one in the
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nature of Writ of Mandamus declaring the in action of the
respondents No.5 & 9 for not implementing the notices dt:
30.09.2018 and dt: 11.10.2021 and for not evicting the
encroachers/ land grabbers from Play ground/Park/Communal
purpose land in Survey No.38/B1B and 39/B, Plot No.136 of and
extent of Ac.0.93 Cents situated at Bapuram Village & Post,
Halaharvi Mandal, Kurnool District is illegal, arbitrary, unjust,
unconstitutional and violation of principles of natural justice and
consequently direct the respondents to implement the
G.O.Ms.No.188, dt. 21.07.2011 (PR &RD) by the 1st respondent
forthwith and to evict the encroachers/land grabbers of Play
ground/Park/Common purpose land in Survey No.38/B1B and 39/B,
Plot No.136 of and extent of Ac.0.93 Cents situated at Bapuram
Village & Post, Halaharvi Mandal, Kurnool District and pass such
other order or orders as this Hon'ble Court may deem fit just and
proper in the circumstances of the case."
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
HCJ & NJS,J
[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 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. Since no steps are being taken by the Government and its authorities in
protecting the government lands, despite the directions of the Hon'ble Supreme
Court in Jagpal Singh (supra) as noted above, and 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
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spirited persons are approaching this Court to intervene and direct the public
authorities to protect the government lands from encroachments.
5. In a batch of such writ petitions, being W.P.(PIL).No.140 of 2022 &
batch, 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
judgment of the Hon'ble Supreme Court in Jagpal Singh (supra) and the
Andhra Pradesh Gram Panchayats (Protection of Property) Rules, 2011 framed
by the State Government pursuant to the directions in the said judgment,
issued the following directions, vide common order dated 14.09.2022:
(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 those lands, the officials of the concerned
Departments, i.e., the Departments of Municipal Administration,
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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. Since the issue raised in this writ petition is also concerning alleged
encroachment of Play ground/Park/Communal purpose land, following the
judgment in W.P(PIL).No.140 of 2022 & batch, we direct the officials of the
concerned Department/Gram Panchayat to undertake and complete the
exercise of identification of unauthorized occupations/encroachments over the
subject lands belonging to their Department/Gram Panchayat, within a period
of two months from today, and thereafter, take steps for removal of such
encroachments by following the relevant 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, this writ petition (public interest litigation) is
allowed. No costs. Pending miscellaneous applications, if any, shall stand
closed.
PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA , J
PSA
HCJ & NJS,J
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT PETTITION (PIL).No. 16 of 2023
(per Prashant Kumar Mishra, CJ)
Dt: 07.02.2023
PSA
