Court mandates issuance of show cause notices and emphasizes public interest over private rights in encroachment cases.
In a significant ruling, the Andhra Pradesh High Court, presided over by Justice Gannamaneni Ramakrishna Prasad, has directed the removal of encroachments on public roads, highlighting the precedence of public interest over private rights. The writ petition, filed by R P Kousalya, addressed the issue of temporary sheds constructed on a 33-feet colony road in Adoni Municipality, which had narrowed the road to a mere 10-15 feet, causing inconvenience to the public and restricting access to private property.
The court underscored that no individual has the right to obstruct a public way, and private interests must yield to public convenience. The judgment emphasized the need for issuing show cause notices to the encroachers, ensuring compliance with the principles of natural justice. The court laid out clear directives for Respondent No. 3 to issue notices requiring encroachers to vacate within a specified period. Should they fail to comply, the authorities have been empowered to clear the encroachments using reasonable force within four weeks.
Drawing from the Supreme Court's decision in Ahmedabad Municipal Corporation vs. Nawab Khan Gulab Khan, the court reiterated that encroachments on public property obstruct planned development and must be promptly addressed to facilitate public access and convenience. The court rejected the notion of providing alternate sites to encroachers, warning that such actions could embolden future encroachments.
This decision reinforces the duty of state and local bodies to preserve public property and maintain public access, ensuring that the rights of citizens to a free and accessible public road are upheld.
Bottom line:-
Encroachment on public roads causing obstruction to public access can be removed by issuing show cause notices and, if necessary, by using reasonable force. Public interest supersedes private rights in such cases.
Statutory provision(s): Article 300-A of the Constitution of India
R P Kousalya v. The State of AP, (Andhra Pradesh) : Law Finder Doc id # 2918705
