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2025 Supreme(AP) 995
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
Seelam Atma Rao - Petitioner
Versus
The State Of Andhra Pradesh and Others – Respondents
Writ Petition No. 2946 of 2024
Decided On : 09-05-2025
For the Petitioner: Bhaskar Prem Koushik
For the Respondents: K. H. V. Siva Kumar, A. S. C. Bose (SC FOR MUNICIPAL CORPORATIONS AP), GP Muncipal Admn And Urban Dev. AP
The Commissioner holds authority under Section 392 to remove illegal encroachments without the consent of private street owners, ensuring compliance with urban development standards.
Headnote:(A) Municipal Corporation Act - Section 392 - Writ petition filed to declare action of not removing illegal land encroachments as arbitrary - Court orders the Commissioner to assess street width and issue notices for encroachment removal - Validates the authority of the Commissioner to enforce compliance regardless of private claims regarding street ownership. (Paras 11-13)
Facts of the case:
The petitioner seeks removal of encroachments on a road, identifying the road as inadequate for traffic, despite residents’ agreements and official surveys.
Findings of Court:
The Court confirms the Commissioner’s authority to act on encroachments under the Act and orders necessary assessments and notices to be issued for compliance.
Issues: Whether the Commissioner can act against private encroachments on unapproved streets and the nature of authority on road modifications.
Ratio Decidendi: The court determined that under Section 392, the Commissioner possesses the authority to regulate street formations without consent from private owners, ensuring urban planning compliance.
Result: Writ Petition disposed of with directives to the Commissioner.
| Table of Content |
|---|
| 1. petitioner alleges illegal encroachments on public road. (Para 1 , 2 , 3 , 4) |
| 2. dispute over road ownership and encroachments. (Para 5 , 6 , 7 , 9) |
| 3. court analyzes legal framework regarding street formation. (Para 10) |
| 4. court emphasizes commissioner's authority over street management. (Para 11 , 12) |
| 5. writ disposed with specific directions for the commissioner. (Para 13) |
ORDER :
NYAPATHY VIJAY, J.
1. The present Writ Petition is filed to declare the action of the Respondent No.2 in not removing the illegal land encroachments of the road by the Respondent Nos.3 to 8, as illegal and arbitrary.
2. The Writ Petitioner and the Respondent Nos.3 to 8 are the residents of 4th Lane, A.T. Agraharam, Bandla Bazar, Venkatakrishna Colony, Guntur. A meeting was conducted on 28.12.2022 by the residents of the said lane agreeing to remove the encroachments for laying a new road and had submitted a representation to the Town Planning Department to that effect. The width of the existing road is 6 feet wide from western side to eastern side. The Petitioner in true spirit had given a setback of 6 feet for extension of width of the road. However, the un-official respondents without leaving any setback had encroached into the road.
3. The Petitioner and other residents approached the 31st Ward Corporator of Guntur Municipal Corporation requesting to examine the inconvenience caused due to the narrowness of the lane. The Petitioner also made a representation to the District Legal Services Authority, Guntur explaining the grievance regarding the road and the District Legal Services Authority passed orders in PLC.No.326 of 2023 on 10.07.2023 as there was no mutual agreement between the parties. Hence, the present Writ Petition is filed.
4. Along with the Writ Petition, the Petitioner filed Photographs, which disclose the narrowness of the road and even as per the Photographs, the width of the road is just enough to provide space to an auto to enter the lane.
5. The Respondent No.2 filed Counter Affidavit stating that the Petitioner and 31 others had filed PLC.No.326 of 2023 as stated above before the District Legal Services Authority, Guntur and the Respondent No.2 had submitted a report stating that the road in question is not included in the approved master plan of Guntur Municipal Corporation vide G.O.Ms.No.688, MA & UD Dept., dated 30.12.2006. It is further stated that no settlement could be arrived at by all the 20 property owners.
6. It is further stated that pursuant to the directions of the District Legal Services Authority, Guntur, 10 residents out of 14 residents on both sides have submitted acceptance letter on 03.05.2023 agreeing to survey and demarcation of the road for raising existing road to CC road by the Corporation and also accepted for formation of 12 feet wide road and for construction of drains on both sides of the road after removing the encroachments. Pursuant thereto, a survey was conducted by the Municipal authorities, encroachments were identified and a sketch was prepared identifying the encroachments
7. After preparation of the Encroachment Sketch, 8 residents out of 14 residents in that locality have expressed their willingness to cooperate with the Municipal Corporation for formation of wide public passage and construction of drains by the Municipal Corporation. However, the Respondent Nos.3 to 8 i.e. the owners of structures 5, 9, 11, 12 and 13 had shown stiff resistance for removing encroachments and are causing hurdle for formation of road and construction of drains.
8. It is further stated in the Counter Affidavit the subject street is a private joint path shared by the property owners. The details of the survey and the property tax were also explained in a tabulated statement.
9. The Respondent Nos.3 to 8 also filed their Counter Affidavit stating that the road in question disputing the correctness primarily contending that the street is a private street and the Respondent Nos.3 to 8 cannot be declared as e
