HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10315 of 2009 DATED: 21.04.2014 Between:
Venukabadina taragatula seva sangam, rep. by its President ... Petitioner And The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner … Respondent The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10315 of 2009 ORDER:
Heard the learned counsel for the petitioner and the learned standing counsel for the respondent.
2. It is the case of the petitioner that the members of the petitioner- society have been living from a long time in Sy.No.125 of Peda Waltair near RTC Depot of Peda Jalaripeta, Visakhapatnam. They have constructed row of A.C. sheet sheds and nearly 100 families are residing in an extent of 17½ sq. yards by each family. They got house-hold cards, voter ID, electricity connections etc. The said roofed sheds are situated on the western side to the 40 ft. road leading from RTC Depot to Sulabh complex at Bapuji Nagar. Admittedly, these sheds are situated in the Municipal Corporation land. The Municipal Corporation wanted to widen the road and for the said purpose, it wanted to demolish the said sheds. When the officials of the respondent-Corporation tried to demolish the sheds without issuing any notice on 16.05.2009, the present writ petition was filed.
3. The respondent-Corporation filed counter-affidavit stating that the site under reference is a road margin of 60 ft. wide Master Plan road. During the course of Praja Patham, the encroachers of 60 ft. road margin in Sy.No.125(P) at Pedajalaripeta, have represented for construction of permanent houses in the place of temporary structures under JNNURM and the Hon‘ble Minister for Commerce, has desired to initiate proposals to construct houses in G+3 pattern in the same location. After formation of present beach road with 100 ft. width, the usage of this Jalaripeta road by general traffic has been drastically reduced and the northern side road was submerged into sea. At present, the road was used by the residents of fishermen of Pedajalaripeta village. The importance of the road in traffic point of view is not much for widening to 60 ft. In those circumstances, the respondent addressed letter to the Principal Secretary to the Government, MA & HD Department, Hyderabad, on 04.10.2008 with a request to consider the proposal for reduction of the Master Plan road from 60 ft. to 30 ft. width, to enable to take up permanent housing for the encroachers under JNNURM scheme in G+ 3 patterns. Reply from the Government is awaited. The respondent denied the averment that they wanted to remove the row sheds without issuing any notice with a view to provide 80 ft. road access to private site.
4. Even as per the counter-affidavit filed by the respondent- Corporation, it is clear that the members of the petitioner-society have been residing in the road margin covered by Sy.No.125 (P) of Pedajalaripet, near RTC Depot, by raising thatched huts and A.C. sheets. There is also a proposal for construction of G+3 houses under JNNURM scheme and the Government Orders are awaited in that connection. The counter further states that they would not remove the row of sheds without issuing any notice.
5. In the circumstances, the respondent-Corporation is directed not to evict the members of the petitioner-society from the subject property except in accordance with law.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 21.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 1 WRIT PETITION No.10315 of 2009 Date: 21.04.2014 BSS