Court Directs Authorities to Relocate Statue in Compliance with Government Orders and Public Interest
In a significant ruling, the Andhra Pradesh High Court has ordered the removal of a statue of Dr. B.R. Ambedkar that was installed without permission on a public road in Jaladurgam Village, Nandyal District. The division bench, comprising Chief Justice Mrs. Lisa Gill and Justice Ninala Jayasurya, upheld the decision of a single judge which directed the statue's removal due to its unauthorized erection and obstruction of public passage.
The case arose when the first respondent filed a writ petition challenging the inaction of authorities in removing the statue, which was installed in violation of government orders and without necessary permissions. The Gram Panchayat had initially allocated a site for the statue but later cancelled the allocation due to objections from villagers.
The appellants contended that the statue was not causing any obstruction and argued that no permission was required for its installation. However, the court observed that the statue was installed without permission and in violation of Section 145 of the Criminal Procedure Code, which aims to maintain public peace.
The court emphasized the importance of procedural compliance for the installation of statues on public land and directed the authorities to remove the statue with due respect and relocate it to an appropriate site after obtaining the requisite permissions. The decision underscores the need for adherence to legal procedures in matters involving public interest and governance.
Bottom line:-
Installation of a statue without proper permission and in violation of government orders and public interest cannot be sustained. The court directed the removal of the statue with due respect and care, ensuring compliance with relevant government orders.
Statutory provision(s): Section 145 Cr.P.C.
Rasipogula Nagaraju v. Abdul Rasul Shaik, (Andhra Pradesh)(DB) : Law Finder Doc id # 2907279
