Andhra Pradesh High Court Upholds Removal Of Ambedkar Statue Installed Overnight Without Permission

The Andhra Pradesh High Court has upheld directions for removal and shifting of Dr BR Ambedkar's statue allegedly installed without permission, obstructing a village road. It held that the installation was made despite cancellation of an earlier Gram Sabha resolution and during subsistence of Section 145 Cr.P.C. proceedings initiated to maintain public order. Section 145 Cr.P.C. deals with preventive measures taken by authorities to avoid breach of peace and maintain public order in disputes relating to land or public property.A Division Bench comprising Chief Justice Lisa Gill and Justice Ninala Jayasurya observed that the statue was installed not only without permission, but also in disregard of proceedings under Section 145 Cr.P.C., which had been initiated to prevent commotion and disturbance in the village.The court said that undisputedly the Gram Panchayat had cancelled its resolution of allocation of land and thus the installation was completed without permission. If no permission is required as contended, the question of appellants approaching Gram Panchayat and revenue authorities seeking permission for installation of statue does not arise at all, the court said. "Further, it is not the case of appellants that statue was sought to be installed in a private land. Admittedly, a request was made to Gram Panchayat, which in turn through resolution of Gram Sabha allocated land of an extent of Ac.0-01 cents in Sy.No.854 of Jaladurgam village. Later, it cancelled earlier resolution. Inspite of the same, as noted earlier, 2nd appellant made a request through representation dated 13.02.2023 to Revenue Divisional Officer, wherein it was categorically stated that land is “Government land” and permission may be accorded for installation of statue by making arrangements to proceed with the same without obstructions. It is pertinent to state here that land in question where statue was sought to be erected is located near Edgah, near K.E.Colony, Jaladurgam village. On the information furnished by Sub-Inspector of Police, Jaladurgam, 5th respondent passed orders dated 23.03.2023 under Section 145 Cr.P.C. to maintain peace and tranquillity in the village. While said order was in operation, it is not in dispute that statue was installed in the midnight of 13.04.2023.Thus, installation of statue was carried out not only without any permission, but also without regard to orders under Section 145 of Cr.P.C. issued to avoid commotion and disturbance to public peace and tranquillity in the village. In such circumstances, the contentions that the order under challenge is unsustainable cannot be appreciated. Shifting of statue sub-serves interest of villagers at large. Considering the matter in its entirety, in the facts and circumstances of the case, this Court see no illegality in the order under challenge.”An appeal was filed challenging Single Judge's order directing removal of a statue of Dr. B.R. Ambedkar installed in Ward No.1 of Jaladurgam Village, Peapully Mandal, Nandyal District, after allegations were raised that the statue had been erected in the middle of a narrow 12-feet road in violation of the Supreme Court's directions and Government Orders regulating installation of statues on public roads and public spaces.Before the Division Bench, counsel appearing for the appellants contended that the Single Judge's order was unsustainable as relevant facts had not been fully disclosed before the Court, submitting that the Gram Sabha had earlier passed a resolution allocating land for installation of the statue, pursuant to which the Tahsildar had issued an endorsement confirming the allocation.It was further argued that the statue was installed away from the road and roadside margins and did not obstruct traffic or public utility, while reliance was also placed on the decision in Nelakudithi Venkatapathi Rao and Another Vs State of A.P., and Others, 2016 LawSuit (Hyd) 31 to contend that no permission was required where the proposed site did not form part of a road, road margin, or sideway.Opposing the appeal, the authorities and Gram Panchayat submitted that the earlier Gram Sabha resolution allocating land for installation of the statue had been cancelled following objections from villagers and elders, and despite pendency of requests seeking permission from the revenue authorities, the statue was installed overnight on 13.04.2023 without approval and at a location different from the one originally earmarked. The Government Pleader further pointed out that the appellants themselves had approached the Revenue Divisional Officer seeking permission to install the statue on government land, thereby contradicting their subsequent stand that no permission was required.The High Court noted that proceedings under Section 145 Cr.P.C. had already been initiated on the basis of police inputs to maintain peace and tranquillity in the village. Despite the same, the statue was installed during the midnight preceding Dr. B.R. ...

Andhra Pradesh High Court Upholds Removal Of Ambedkar Statue Installed Overnight Without Permission

Ritika Verma

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Andhra Pradesh High Court Upholds Removal Of Ambedkar Statue Installed Overnight Without Permission

Ritika Verma

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