'No One Has Right To Obstruct Public-Way: AP High Court Directs Adoni Municipality To Remove Encroachments From Layout Road In 5 Weeks

The Andhra Pradesh High Court has directed municipal authorities to remove encroachments from a 33-foot-wide layout road in Adoni after issuing show cause notices to the encroachers, holding that no person has a right to obstruct a public way and that private interests must yield to public interest.Justice Gannamaneni Ramakrishna Prasad while presiding over the case directed the Adoni Municipality to issue show cause notices to all encroachers, granting them 10 days to two weeks to voluntarily dismantle and remove the encroachments. The Court further ordered that if the encroachers fail to vacate within the stipulated period, the authorities shall remove the encroachments within four weeks, using reasonable force if necessary. The Municipality was also directed to ensure that the entire 33-foot-wide layout road is cleared of all encroachments and restored for public use within five weeks from the date of the order.Under the law governing removal of encroachments on public property, authorities may remove unauthorised occupations after following a fair procedure. Where encroachments have existed for a long period, reasonable notice must be given before eviction, as held by the Supreme Court in Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, (1997) 11 SCC 121.Justice Gannamaneni Ramakrishna Prasad disposed of the writ petition with specific directions to the municipal authorities while observing that:“On 24.04.2026, the Commissioner had rendered Written Instructions to the effect that the encroachment by the encroachers on the 33 feet wide layout road (in L.P.No.3/83) had reduced the effective road width to approximately 10 to 15 feet only and that the said reduction is causing significant hurdles for the movement of vehicles and is restricting access to the plot belonging to the Writ Petitioner bearing No.68C. When time was granted to the Respondents on 27.04.2026, Sri Gudapati Lakshminarayana, learned Standing Counsel for Respondent No.3, has submitted the Proceedings issued by the Commissioner to the Tahsildar dated 27.04.2026, requesting the Tahsildar to explore the possibility of allotting alternate sites to the inhabitants. In any case, the law is not in support of the stand taken by the Commissioner that the alternate sites should be allotted to the encroachers, inasmuch as such allotments would embolden prospective encroachers and be detrimental to the public interest. This apart, no one has a right to obstruct a public-way. The Written Instruction would clearly indicate that the encroachments have created a 'bottle-neck' effect, thereby causing inconvenience to the general public. Private rights, if any, shall yield to Public Interest.”The court thus directed:1. Show Cause Notice shall be issued to encroachers to vacate within 10 days or two weeks for dismantling and removing the encroachments;2. If the encroachers do not voluntarily vacate, the encroachment shall be cleared by the Official Respondents within a period of four weeks from today by using reasonable force, if necessary and3. Before the expiry of five weeks, the Respondent No.3 shall clear the entire encroachments on the 33 feet wide layout road and make it available to the public for use.The case arose from a writ petition filed by a resident of Adoni alleging that temporary sheds had been constructed on a 33-foot colony road adjoining her property in LIC Colony, substantially narrowing the road and restricting access to her plot.During the proceedings, the Municipality informed the Court that encroachments on the layout road had reduced its effective width from 33 feet to approximately 10–15 feet, causing difficulties for vehicular movement and obstructing access to the petitioner's property. The Commissioner had also sought exploration of alternate sites for the encroachers.The High Court, said that the law is not in support of the stand taken by the Commissioner that the alternate sites should be allotted to the encroachers, "inasmuch as such allotments would embolden prospective encroachers and be detrimental to the public interest". While directing the issuance of notices to all alleged encroachers, the Court clarified that the adopted procedure adequately complied with the principles of natural justice. The writ petition was accordingly disposed of with directions for removal of the encroachments within the stipulated timeline.Case Title: R.P. Kousalya v. State of Andhra Pradesh & Ors.Case Number: W.P. No. 10909 of 2026Counsel for Petitioner: P. PadmavathiCounsel for Respondents: Sri M. Srinu Babu, Sri B. Ramesh, and Sri Gudapati Lakshminarayana.Click Here To Read/Download Order

'No One Has Right To Obstruct Public-Way: AP High Court Directs Adoni Municipality To Remove Encroachments From Layout Road In 5 Weeks

Ritika Verma

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Ritika Verma

'No One Has Right To Obstruct Public-Way: AP High Court Directs Adoni Municipality To Remove Encroachments From Layout Road In 5 Weeks

Ritika Verma

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Ritika Verma

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