Telangana High Court
Anjumanehimayatul Islam vs The District Collector on 14 December, 2018
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.7183 of 2013
Order:
This Writ Petition is filed to declare the action of the respondents in
trying to demolish the constructions of the petitioner society without
following due process of law and contrary to the orders of this Court in
W.P.No.22597 of 1996 as illegal and arbitrary.
This Court in W.P.No.22597, dated 10.07.2003, passed the
following order:
"There cannot be any manner of doubt that even if
some persons have encroached upon National Highway and
constructed shops without obtaining necessary permission,
officials entrusted with statutory functions cannot
straightaway walk to the premises and demolish the
constructions. As per Section 192 of A.P. Municipalities Act,
1965, the Municipality is required to follow the procedure
contemplated therein before evicting any encroacher.
Likewise, A.P. Land Encroachment Act, 1905 also prescribed
procedure for evicting any encroacher after issuing notice.
Therefore, the writ petition is disposed of giving
liberty to the respondents to take necessary action against
the society, which allegedly constructed seventeen shops in
the land abutting National Highway by encroaching the land
after following due process of law. Unless such procedure is
followed, no coercive steps can be taken against the
petitioner or the society."
The case of the petitioner society is that in spite of the direction of
this Court in the above writ petition, the second respondent is trying to
demolish the constructions of the petitioner society.
Counter affidavit has been filed by the second respondent stating,
inter alia, that the petitioner has encroached the road margin and that all
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the encroachers were served with notices and that the petitioner did not
avail the opportunity given to them by submitting a reply to the notice
issued under Section 192 of the Municipalities Act.
Heard learned counsel for the petitioner and learned Standing
Counsel for the second respondent.
Learned Standing Counsel for the second respondent fairly submits
that for illegal encroachments, the procedure as contemplated under
Section 192 of the Municipalities Act has to be followed.
In view of the same, the Writ Petition is disposed of directing the
second respondent to follow the procedure as contemplated under Section
192 of the Municipalities Act before proceeding further in the matter.
There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
_____________________________
KONGARA VIJAYA LAKSHMI, J.
Date: 14.12.2018 Nsr 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.7183 of 2013 Date: 14.12.2018 Nsr