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Municipalities Cannot Grant Permission For Installation Of Statute/ Structures In Public Utility Places: Andhra Pradesh High Court
EKTA RATHORE
31 Aug 2022 4:45 AM GMT
The Andhra Pradesh High Court has made it clear that Municipal Corporation or Municipalities cannot grant any permission for installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.A single judge bench of Justice Ravi Nath Tilhari further held that even if any permission was granted previously pursuant to which...
The Andhra Pradesh High Court has made it clear that Municipal Corporation or Municipalities cannot grant any permission for installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.
A single judge bench of Justice Ravi Nath Tilhari further held that even if any permission was granted previously pursuant to which any statute is being installed now that can also not be done contrary to the specific order of the Hon'ble Supreme Court dated 18.02.2013.
The Supreme Court in Union of India and another v State of Gujarat and others, SLP 8519/2006, held that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.
The clarification comes in a writ petition against the decision granting permission for the installation of statue of Dr. Y.S. Rajasekhara Reddy in Mayuri Centre located near bus standing of Narasaraopet of Palnadu District.
The petitioner questioned the action on part of the respondent to give permission for erection of the said statue, where there are about ten structures already erected, without any permissions from the authorities. The petitioner submitted that the installation is given a go-ahead despite the Supreme Court orders.
He further submitted that, on 17.08.2022, bhoomipoojan was done at the said location, which is a very busy area. The bhoomipoojan was done by removing the signal lights for installation of the statute in the public street. The petitioner had approached the respondents regarding the removal of traffic signals, where he was informed that there was resolution of the then Chair Person of such Municipality in the year 2010 granting permission for installation of the statute at the place in question.
The petitioner submitted that the Government of Andhra Pradesh had issued G.O.Ms.No.18 dated 18.02.2013, in compliance with the Supreme Court order in but it was not being adhered to by the respondents.
The counsel for the State-respondent did not dispute the aforementioned government order, but stated that the petitioner was raising a public grievance and should approach an appropriate bench through public interest litigation.
The Court found that the matter pertained to the municipality, and once the action of the municipality is questioned for violating Supreme Court orders, the matter becomes cognizable by the bench with roaster pertaining to the municipal corporation municipality matters.
It directed the first respondent- -Principal Secretary, Municipal Administration and Urban Development Department and the 2nd respondent-District Collector, Palnadu District, to look into the matter and further directed that all the respondents shall ensure that there is no violation of the Supreme Court order.
Citation :2022 LiveLaw (AP) 119
