HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23676 of 2010 DATED 7TH SEPTEMBER, 2014.
BETWEEN Golla Venkateswarlu and ors …Petitioners And Nellore Municipal Corporation, Rep. by its Commissioner, Santapeta, Nellore ,SPSR Nellore District and anr ….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23676 of 2010
ORDER:
Heard the learned Counsel for the petitioners and learned Standing Counsel appearing for the first respondent.
All the petitioners herein are eking out their livelihood by doing petty business in Nellore town. Originally they were doing business from the shops erected in the land belonging to the then Nellore Municipality, near Atmakur bus-stand. Since the said land was allotted to APSRTC for construction of bus-stand, the petitioners were evicted from the said place and they were allotted PWD land near Sarveypalli Canal in the year 1995. Thereafter, with the permission of the authorities, the petitioners have constructed a permanent structure for 26 shops and were running their business by paying amounts regularly to the then Nellore Municipality. While so, the then Nellore Municipality demolished the entire structure consisting of 26 shops of the petitioners for the purpose of construction of Fly-over bridge in the year 2004. In the alternative, the then Nellore Municipality at the instance of the second respondent-District Collector allotted open land near VRC centre along the Dhobhighat, Nellore. At that stage, some of the washer men (Dhobis) obstructed the petitioners and therefore the then Commissioner of Nellore Municipality addressed a letter on 17.04.2004 to the Station House Officer, IV Town Police Station, Nellore to provide necessary protection. With the assistance of the police protection, the petitioners have constructed their respective shops temporarily with iron sheets and shutter and they have been running their business therein and they are also paying requisite fee to the first respondent every year. While so, on 09.09.2010 the officials of the first respondent have demolished some of the shops on the other side of the road and thereafter they came to the business place of the petitioners on 22.09.2010 and informed that they would demolish the petitioners’ shops shortly. Apprehending demolition of the shops, the petitioners filed the present Writ Petition.
The first respondent filed counter affidavit stating that the petitioners were allotted open space near VRC center on the irrigation surplus channel bund as an alternative site as they have been evicted from the Surveypalli channel bund for the purpose of fly-over bridge. Due to objections raised by the washer men over the structures erected by the petitioners, the first respondent consulted with the Irrigation department, which expressed their objection for the erection of structures by the petitioners on the surplus channel bund inasmuch as the same are causing obstruction for free flow of water. Further it was noticed that the petitioners have come forward into the road in excess of the land allotted to them and erected some structures which are highly objectionable in traffic point of view. It is further stated in the counter affidavit that though the structures erected by the petitioners are highly objectionable, the respondents have not taken steps for removal of the same. It is also stated in the counter affidavit that no steps have been taken to demolish the shops of the petitioners and that due procedure will be followed if the shops of the petitioners are to be demolished. The first respondent assured that demolition of the shops of the petitioners have not been taken up at the present and that whenever action is proposed for demolition of the shops of the petitioners, due procedure will be followed.
In view of the categorical statements made by the first respondent in the counter affidavit that they would follow the due procedure established by law if the shops of the petitioners erected at VRC center along with Dhobighat Compound Wall, Nellore town are required to be demolished, nothing survives for adjudication in the Writ Petition. In the light of the same, the Writ Petition is disposed of with a direction to the respondents to follow due process of law when ever action is initiated for demolition of the shops of the petitioners situate near VRC center, Nellore town.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 7TH OCTOBER, 2014.
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