Road margin — Drain — Encroachment — Statutory duty of Panchayat — Inaction alleged — Interim directions earlier granted — Requirement of fresh notice and hearing — Balance of equities. Natural drainage — Obstruction — Alleged illegal construction — Principles of natural justice — Fresh notice — Reasoned order — No coercive steps meanwhile. Contempt of Court — Interim directions — Subsequent procedural directions issued — Contempt closed. Held: Where allegations of encroachment on road margin and drain exist and notices were issued long back without follow-up action, authorities must issue fresh notice, afford opportunity, and pass a reasoned order; till completion of such exercise, no coercive action is permissible. (Paras 8 to 9)

advocatemmmohan

Road margin — Drain — Encroachment — Statutory duty of Panchayat — Inaction alleged — Interim directions earlier granted — Requirement of fresh notice and hearing — Balance of equities.

Natural drainage — Obstruction — Alleged illegal construction — Principles of natural justice — Fresh notice — Reasoned order — No coercive steps meanwhile.

Contempt of Court — Interim directions — Subsequent procedural directions issued — Contempt closed.

Held:
Where allegations of encroachment on road margin and drain exist and notices were issued long back without follow-up action, authorities must issue fresh notice, afford opportunity, and pass a reasoned order; till completion of such exercise, no coercive action is permissible.
(Paras 8 to 9)

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FACTS (As emerging from the Common Order)

1. W.P. No.18093 of 2023 was filed alleging inaction of authorities in preventing respondent Nos.8 and 9 from making constructions on the road margin and drain abutting the petitioners’ property at Devarapalli village, East Godavari District. (Para 1)

2. This Court, by interim order dated 28.07.2023 in I.A. No.1 of 2023, had directed the concerned authority to take steps in accordance with law if constructions were being made by closing the drainage. (Para 2)

3. Alleging non-compliance of the said interim order and completion of construction on the road margin and drain, the petitioners filed C.C. No.4313 of 2024 for contempt. (Para 3)

4. Respondent No.8 in W.P. No.18093 of 2023 filed W.P. No.30651 of 2024, contending that:

   • Notices dated 25.02.2023 and 17.06.2023 were issued by the Gram Panchayat alleging encroachment;

   • Construction was modified in compliance;

   • After one and a half years, authorities started interfering and attempting demolition without issuing fresh notice. (Para 5)

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SUBMISSIONS OF THE PARTIES

Petitioners (W.P. No.18093 of 2023 / Contempt Case)

They contended that:

• Respondent Nos.8 and 9 made constructions on the road margin and drain area;

• The same obstructed free passage and free flow of water;

• Authorities failed to act despite interim directions of this Court. (Paras 3 & 7)

Respondent No.8 (Petitioner in W.P. No.30651 of 2024)

He contended that:

• Construction was modified as directed earlier;

• Authorities were attempting demolition after long delay, without issuing fresh notice;

• Such interference violates due process. (Paras 5 & 7)

Official Respondents / Panchayat

They submitted that:

• Notices dated 25.02.2023 and 17.06.2023 were issued directing removal of encroachments. (Para 8)

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ISSUES FOR CONSIDERATION

1. Whether coercive action could be taken against alleged encroachments without issuing fresh notice after lapse of considerable time.

2. Whether the interim directions warranted contempt action.

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ANALYSIS & REASONING OF THE COURT

1. The Court noted that the authorities issued notices in February and June 2023, but attempted removal action nearly one and a half years later. (Para 9)

2. The Court observed the competing claims:

   • Petitioners allege encroachment and obstruction of drainage;

   • Respondent No.8 alleges interference without notice. (Para 7)

3. To strike a balance, the Court held that procedural fairness requires issuance of fresh notice, specifying encroachments, and granting opportunity to explain. (Para 9)

4. In view of the directions issued in the writ petitions, the Court found that contempt proceedings do not survive. (Para 10)

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FINAL DIRECTIONS / ORDER

In W.P. Nos.18093 of 2023 & 30651 of 2024

The Court directed as follows: (Para 9)

a. The Panchayat shall issue fresh notice within two (02) weeks, specifically pointing out encroachments, if any, on:

• R&B road margin; and

• Drain.

b. Respondent No.8 shall submit explanation within the time stipulated.

c. The Panchayat shall pass a reasoned order, after providing personal hearing to all parties.

d. The entire exercise shall be completed within one month thereafter.

e. Till then, no coercive steps shall be taken against the subject construction.

f. No order as to costs.

In C.C. No.4313 of 2024

• In view of the orders passed in the writ petitions, the Contempt Case is closed. (Para 10)

• No order as to costs.

Miscellaneous Applications

• All pending miscellaneous applications, if any, were ordered to stand closed.

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RATIO DECIDENDI

Where alleged encroachments on road margin and drain are sought to be removed after a long lapse of time, authorities must adhere to principles of natural justice by issuing fresh notice, granting opportunity of explanation and hearing, and passing a reasoned order; until such procedure is completed, coercive action is impermissible.