A writ petition challenging the demolition of petitioner houses on alleged Government road land for lack of notice and hearing. The Court directed a survey and due process before action.
Respondents directed to conduct survey, hear objections, take action only if encroachment exists, or acquire land with compensation if not.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No. 13544 of 2022
O R D E R:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner to issue a Writ of Mandamus declaring the high handed and illegal action on the part of the respondents in attempting to demolish the dwelling houses of the petitioners bearing Door Nos.4-22-153 and 4-22-158 respectively, in a total extent of 28.5 Sq. Yards, Vijjili Peta, Ward No.4, Sy.No.72/1, T.S. No.63 (Perala), Chirala, Bapatla/Prakasam District, without issuing any notice, without giving an opportunity of hearing and without passing any order as illegal, arbitrary, unjust, mala fide and against the principles of natural justice besides violation of Article 14, 21, and 300-A of Constitution of India and consequently prayed to direct the respondents not to demolish the structures in existing houses and not to dispossess the petitioners from their respective subject houses and to regularize the petitioners’ possession and enjoyment in respect of the subject houses in the interest of justice.
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Asbestos sheet houses and residing there for the last fifty (50) years without any interruption from the respondents herein. The subject houses are situated adjacent to R&B road leads from Chirala to Parchuru and there are several other occupants similar to the petitioners on the same side of the road. The said houses are assessed for the house tax, electricity connections and they are paying the said taxes regularly to the concerned authorities. Now all of a sudden the respondents are trying to interfere with the peaceful possession of the petitioners’ houses for the purpose of road widening without issuing notice or following due process of law.
12.07.2018 for removal of encroachments made on the road margins. The 7th respondent has also addressed a letter vide AEE/R&B/CRL/Encroachments/2018-19, dated 08.08.2018 stating that work inspector will depute for the removal of encroachments on road side. Basing on the correspondences and in the said process the 7th respondent issued notices to
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the petitioners for removal of encroachments made on the road margins.
12.07.2018 for removal of encroachment on R&B margins. The Assistant Executive Engineer addressed a letter to the 7th respondent/Tahsildar vide
Aee/R&B/CRL/Encroachments/2018-19 dated 08.08.2018
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stating that our work inspector will depute at the time of removal of encroachments made on the road margins.
i) The respondents are directed to conduct a survey to demarcate the existing road margins after affording an opportunity to the petitioner to participate in the survey to be conducted by the respondents;
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ii) If the petitioner is having any objection with regard
to the alleged survey and the survey report, she is entitled to
submit her objections;
iii) The respondents are entitled to take appropriate action by following due process of law, if there is any encroachment of the Government land.
iv) If there is no encroachment, the respondents shall follow due process of law if they intend to acquire the land of the petitioner by paying compensation.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date: 05.12.2022
TJN
3 issues framed by the court
Whether the respondents can demolish petitioner houses without notice or hearing.
Whether the petitioners are encroachers on the Government road land.
What procedure should be followed for encroachment removal or land acquisition.
2 provisions across 1 enactments
Petitioner
R&B Department ()
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
