Mrs. Uddaraju Jayalakshmi, vs The State Of Andhra Pradesh
2024 Latest Caselaw 10589 AP

Andhra Pradesh High Court - Amravati

Mrs. Uddaraju Jayalakshmi, vs The State Of Andhra Pradesh on 23 November, 2024

                    HIGH COURT OF ANDHRA PRADESH

                   MAIN CASE NO.: W.P.No. 27162 of 2024
                              PROCEEDING SHEET

Sl.      Date                               ORDER                                 OFFICE
No.                                                                                NOTE

01.   23.11.2024    TRR,J

                             The case of the petitioner is that she is
                    owner and possessor of the house property
                    through document bearing No.1165 of 1987 and
                    the respondent authorities without issuing any

notice pertaining to the subject property threatening the petitioner, that the gram panchayat will demolish the house property of the petitioner. Learned counsel agrues that even for the expansion of road widening, there is a procedure contemplated under law. The respondents without following the procedure trying to demolish the property of the petitioner.

Learned counsel for the petitioner relied upon the judgment of the Hon'ble Apex Court reported in 2024 SCC Online SC 3210 and the relevant portion reads as follows:

"30. Before acting in pursuance of a road widening project, the State or its instrumentalities must:

(i) Ascertain the existing width of the road in terms of official records/maps;

(ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps.

(iii) If an encroachment is found, issue a proper, written notice to the encroachers to remove the encroachment;

(iv) In the event that the noticee raises an objection with regard to the correctness or the validity of the notice, decide the objection by a speaking order n due compliance with the principles of natural justice;

(v) If the objection is rejected, furnish reasonable notice to the person against whom adverse action is proposed and upon the failure of the person concerned to act, proceed in accordance with law, to remove the encroachment unless restrained by an order of the competent authority or court; and

(vi) If the existing width of road including the State land adjoining the road is not sufficient to accommodate the widening of the road, steps must be taken by the State to acquire the land in accordance with law before undertaking the road widening exercise."

At this juncture, learned counsel for the respondents requests to grant one week time to obtain instructions.

List the matter after two weeks for filing

counter.

In the meawhile, the respondents are directed not to take any coercive stesp against the property of the petitioner without following the procedure as established by law.

________ TRR,J SPP