Andhra Pradesh High court disposed a PIL by directing the respondents to undertake the identification of unauthorized encroachments over subject land and take steps for removal of such.
Andhra Pradesh High Court – Amravati
LINGIREDDY VILLAGE DEVELOPMENT COMMITTEE vs The State of Andhra Pradesh
BENCH – HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON’BLE MR. JUSTICE NINALA JAYASURYA
WRIT PETITION (PIL) No. 67 OF 2023
DATE OF JUDGEMENT – 11 MAY 2023
INTRODUCTION –
This case is about the writ petition direct the respondents concerned to undertake and complete the exercise of identification of unauthorized occupations/constructions/encroachments over the subject land and taking steps for removal of such encroachments/unauthorized constructions by following the relevant rules and the principles of natural justice.
The relevant provision followed in this case are as follows –
The Constitution of India 1949
Article 226 Power of High Courts to issue certain writs –
Any High Court may issue directions, orders, or writs, including those in the nature of writs of habeas corpus, mandamus, prohibitions, quo warranto, and certiorari, or any of them, to any person or authority, including in appropriate cases, any Government, within those territories, regardless of what Article 32 says. These writs may be used to enforce any of the rights granted by Part III and for other purposes.
ARTICLE 14 RIGHT TO EQUALITY
All people residing on Indian territory have a right to equality before the law and equal protection under the law, according to Article 14 of the Indian Constitution. According to this clause, no one shall be denied equality before the law or national legal protection. This implies that everyone has a right to equal treatment under the law regardless of caste, religion, gender, race, or place of birth. Article 14 forbids discrimination and encourages justice and impartiality in the administration of the law.
Article 21: Right to Life and Personal Liberty
The fundamental rights to life and individual freedom are guaranteed by Article 21 of the Indian Constitution. It declares that no one may be robbed of their life or personal liberty until doing so in accordance with the legal process. The protection provided by this article prevents the state or any other authority from arbitrarily denying people their right to live in dignity and freedom. The judiciary has construed it to cover a wide range of rights, such as the right to privacy, the right to a healthy environment, the right to life, and the right to livelihood.
FACTS
This writ petition in the nature of public interest litigation has been preferred seeking to issue a Writ (Writ of Mandamus), declaring the inaction of the Respondents particularly the 2nd respondent(The District Collector) in not taking any action on complaint of the petitioner’s Society by way of Spandana request as illegal, arbitrary, unconstitutional and violation of Fundamental Rights under Articles 14 and 21 of the Constitution of India and consequently, direct the Respondents particularly the 2nd respondent to remove the illegally and unauthorized compound wall or any other structures allotted to the burial ground in lands of situated at Peddaorampadu revenue village, Lingareddypalli village Obulavaripalli Mandal YSR Kadapa District (now in Annamayya District) and to pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case and in the interests of justice.
No steps were taken by the Government and its authorities in protecting the government lands. As the public authorities are failing in their duties in protecting the government lands, which are meant for the common use of general public, despite bringing to their notice, public spirited persons are approaching this Court to intervene and direct the public authorities to protect the government lands from encroachments.
JUDGEMENT
In view of the allegation that illegal and unauthorized constructions are made in burial ground situated in the land in at Peddaorampadu revenue village, Lingareddypalli village, Obulavaripalli Mandal, YSR Kadapa District (now in Annamayya District), this hon’ble court direct the respondents concerned to undertake and complete the exercise of identification of unauthorized occupations/constructions/encroachments over the subject land, within a period of two months from today, and thereafter, take steps for removal of such encroachments/unauthorized constructions by following the relevant rules and the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/ encroachers, within a further period of four months. So, this hon’ble court has disposed of this Writ Petition (PIL).
JUDGEMENT REVIEWED BY HARSHIT JAIN
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