A.M.Shaffique, J This writ appeal is filed by the first respondent in WP(C) No.176462 of 2013 challenging the judgment dated 24.1.2014 of learned Single Judge. Though the appellant had filed review petition, the same also came to be dismissed. 2. The writ petition was filed by respondents 1 to 3 herein seeking for a direction to remove the dilapidated bus shelter situated on the side of National Highway 744 at Ilambal Junction in Vilakkudy Grama Panchayat. The writ petitioners are persons in the locality. According to them the bus shelter, which is referred by them is in a damaged condition and unless it is removed, there is every possibility of the bus shelter falling and causing injury to public at large. The dilapidated structure is nuisance to the public.
3. The appellant, Panchayat contends that the bus shelter along with the building was constructed by the Panchayat. According to them, the property belongs to the Panchayat and W.A. No.829/14 2 therefore, the Panchayat has every right to reconstruct the dilapidated bus shelter and to retain the building there.
4. The writ petitioners had a case that the bus shelter and the shop room were constructed on the side of National Highway Puramboke, which is part of the road, since the Panchayat has no independent right over the said property, the request for reconstruction is to be rejected.
5. Learned Single Judge directed the Panchayat to demolish the dilapidated structure. Since the Panchayat was not heard in the matter, they filed Review Petition No.187 of 2014. While hearing the review, Panchayat’s counter affidavit was also verified by the learned Single Judge, however, no interference was made to the judgment dated 24.1.2014 by learned Single Judge.
6. It is argued by learned counsel for the appellant that under section 169 of the Panchayat Raj Act, notification can be issued in respect of the area, which is to be used for purposes enunciated in the said provision. Apparently, no such notification has been issued in the present case. That apart, in the affidavit filed by the National Highway, it is clearly indicated that the said portion of the road, that the dilapidated bus shelter as well as the W.A. No.829/14 3 shop room constructed by the Panchayat forms part of the National Highway 744. Therefore, even if the Panchayat intends to reconstruct the same permission is to be obtained from National Highway Authorities. It will not be possible for the Panchayat, by itself to effect any sort of construction, modification or reconstruction of the same .
In such circumstances, we are of the view that learned Single Judge is justified in allowing the writ petition directing the respondents in the writ petition to take appropriate action to demolish and remove the dilapidated bus shelter within a specified time. No grounds are made out for interference with the said judgment.
Writ appeal is hence dismissed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.