Eviction of occupants from land requires provision of alternate accommodation and compensation, even for unauthorized constructions.

ORAL ORDER:

Heard Smt.M.V.Ramana Kumari, learned Counsel appearing on behalf of Ms.M.Nikitha, learned Counsel for the Petitioners, Sri K.Arjun Chowdary, learned Assistant Government Pleader and Sri K.M.Krishna Reddy, learned Government Pleader.

2. The present Writ Petition is filed seeking following relief:

“to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus

(a) declaring the high handed action of the respondents attempting to dispossess the petitioners from the land within the specified boundaries demolishing/removing the construction therein as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India;

(b) direct the respondents not to dispossess the petitioners from the land in Re-survey No.465-1, Peda Amiram Village, Kalla Mandal, while directing the respondents to follow the guidelines issued by the Hon'ble Apex Court in State of Andhra Pradesh Vs. Tummala Venkata Krishna Rao ; and Re: Directions in the matter of demolition of structures and

(c)grant such other relief or reliefs this Hon'ble Court deems fit and proper in the circumstances of the case.”

3. Writ Petitioner No.2 is the son of the Writ Petitioner No.1. It is the submission of the learned Counsel for the Petitioners that the Writ Petitioners are agricultural laborers and have occupied certain extents of land (120 Sq.Yards) in R.S.No.465-1 and raised a thatched house for residential purpose. It is stated that thereafter the Writ Petitioners have applied for issue of patta through Gram Panchayat and that the Gram Panchayat vide Resolution No.47 dated 01.02.2002 recommended for grant of pattas for assigning residential site to both the Writ Petitioners. It is also stated that the Mandal Revenue Officer issued possession certificate to both the Petitioners after assessing the Petitioners as landless/houseless poor persons whose income is less than Rs.9,000/- per annum. It is stated that the Petitioners have constructed a two storied building with RCC roofs and the Writ Petitioner No.1 and his other family members including Writ Petitioner No.2 have been in occupation and residing in the said house, both on the ground floor as well as on the first floor.

4. It is an admitted fact, as averred in Paragraph No.5 of the Affidavit filed in support of this Writ Petition, that the Writ Petitioners have constructed a two storied house with RCC roofs in the space which is shown as Kaluva (canal) in the revenue record.

5. The Official Respondents herein would contend that the natural resources which are a natures’ bounty cannot be occupied by anyone and the natural resources will have to be kept and maintained in their pristine form and therefore, the Writ Petitioners have no right to reside in the subject house.

They have placed reliance on Hinch Lal Tiwari Vs. Kamala Devi And Ors , 2001 (6) SCC 496 .

6. Learned Counsel for the Respondents would also state that a Division Bench of this Hon’ble Court have also given directions for evicting all encroachers who have occupied the natural resources in W.P.(PIL).No.140 of 2022. It is stated that in the process of implementation of the judgment rendered by the Hon’ble Supreme Court in Hinch Lal Tiwari ’s case and the orders in W.P.(PIL).No.140 of 2022, the Official Respondents are now seeking to evict not only the Writ Petitioners but also the other encroachers in the said area. It is further submitted that the other persons who are in occupation of the said land have not only consented to vacate, but they have infact vacated from the neighbouring area; and that it is only the Writ Petitione