The Santhi Apartments Residents Welfare Association vs The State Of Andhra Pradesh & Ors.

Heard Sri Harinath Reddy Soma, learned counsel for the petitioner and learned Standing Counsel appearing for the respondent Nos.2 and 3.

The grievance of the petitioner in the instant writ petition is against the action of the 2^nd and 3^rd respondents in trying to interfere with and dig the land of the petitioner’s Apartment at D.No.24-1-1688, GNT Road, Dargamitta, Nellore, Nellore District for the purpose of laying an underground drainage system without due process of law, without following the procedure under the provisions the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

It is contended that the petitioner is a Registered Apartment Residents Welfare Association, duly registered under the provisions of Andhra Pradesh Societies Registration Act, 2001 vide Registration No.70 of 2011. It is contended that one Santha Kumari, the original owner of the land had developed the subject land and constructed Apartments with prior approval of the 2^nd respondent vide Proceedings in No.B.A.No.95/94-G3, dated 27.05.1994 and constructed the subject building consisting of G+4 floors with total 32 flats, after leaving the setbacks as per the approved plan. It is contended that the 2^nd and 3^rd respondents made markings inside the compound wall of the Apartment for laying an underground drainage channel without the consent of the respective owners of the Apartment complex. The 2^nd and 3^rd respondents propose to demolish the compound wall in accordance with the said markings. Thus, the petitioner has approached this Court by way of instant writ petition.

When the matter has been taken up for consideration, the learned Standing Counsel appearing for the 2^nd and 3^rd respondents has placed before the Court a copy of the instructions received by him in the case. A perusal of the same would reflect that the public road abutting the petitioner's Apartment, being the main road, during the last monsoon season was subjected to inundation and stagnation of water due to lack of a proper underground drainage channel, causing severe hindrance to the pedestrians and vehicular movement, further causing several accidents. With a view to obliviate recurrence of such public inconvenience and hazard in the monsoon season, in the interest of the public, the Corporation had taken up the proposal for laying of an underground drainage channel along the said road. It is stated that the markings complained by the petitioner were given only for the limited purpose of ascertaining the road alignment and the drain alignment for planning and estimation purposes, and the same would not amount to any excavation or construction. It is further stated that at no point of time did the officials of the 2^nd and 3^rd respondents have ever entered the premises of the petitioner's Apartment. The entire exercise was confined strictly outside the petitioner's compound wall, which does not form part of the petitioner's schedule property, where uneven road was leveled and no work was undertaken within the boundaries of the petitioner's Apartment, and no damage of any nature has been caused to its compound wall, structure, or foundation. It is contended that the petitioner had approached this Court apprehending coercive action without, any basis for such an apprehension. The construction and laying of the underground drainage channel, if taken up, the same shall be carried out strictly in accordance with due process of law, including issuance of prior notice, and without causing any hardship or damage to the petitioner or its members.

Having regard to the above, this Court deems it appropriate to dispose of the writ petition directing the respondents not to interfere with the possession of the petitioner's subject property at D.No.24-1-1688, GNT Road, Dargamitta, Nellore, Nellore District, without due process of law.

With the above direction, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.