Tupakula Selvaraj v. Nellore Municipal Corporation,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.12223 of 2012

ORDER

Heard learned counsel appearing for the petitioners and learned Government Pleader appearing for the 3rd respondent. It is the case of the petitioners that they are residents of Sramika Nagar and Velagasettu Sangam, near Appolo Hospital, Nellore Town. There is a sub-canal from Harnathapuram leading to Krishnapatnam. On one side of the said canal, 700 houses are located and they are called Chillakur Sangam. On the other side of the canal, nearly 250 to 300 houses are located and they are called Velagasettu Sangam. The possession of the said land was recognized by the respondents and public amenities, like roads, water and electricity were provided by the Government authorities. Possession certificates were also issued to the petitioners. The petitioners are having ration cards and Aadhar cards.

It is the further case of the petitioners that the houses owned by Chillakur Sangam were highhandedly demolished in the early hours of 19-4-2012 for the purpose of road widening leading to Krishnapatnam.

Member of Legislative Assembly, action is being taken by the respondents for their eviction.

This Court, by order dated 25.4.2012, directed the respondents not to demolish the structures of the petitioners, if they are in possession, provided the respondent authorities would follow the due process of law.

The case set up by the petitioners was admitted by the 3rd respondent in his counter-affidavit, wherein it is stated that Sarvepalli canal starts at Penna balancing reservoir and supplies water for irrigation purpose. The said land is classified as channel poramboke. The canal starting from Haranathapuram leading to Krishnapatnam is a sub canal. Poor people were residing by erecting thatched/semi permanent houses in the said area for long time. Since the Government proposed for widening the road leading to Krishnapatnam by converting the same into 4 lane road, and since the said canal was encroached by the petitioners, it was proposed to evict them from encroachments. The persons, who were affected, were also provided alternate houses at YSR Nagar (Kothur) in Nellore Bit-I Village under Indiramma Housing Programme in Phase-I in the year 2013. Though it is stated that alternate houses were given to the persons affected by eviction, learned counsel appearing for

the petitioners submits that alternate houses were given to the persons, who were residing in Chillakur Sangam area and who were evicted forcibly on 19.4.2012. Learned counsel appearing for the petitioners submits that the petitioners are still in possession of the land and their structures are intact. In the circumstances, this writ petition is disposed of directing the respondents not to evict the petitioners from the land and houses in their possession except in accordance with law.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE A.RAMALINGESWARA RAO 27th December, 2016 rkk