COMMISSIONER AND SPECIAL OFFICER PONNUR MUNICIPALITY PONNUR Vs. COMMISSIONER AND SPECIAL OFFICER PONNUR MUNICIPALITY PONNUR

JUDGEMENT

(1.) 1. The defendant is the appellant. This appeal arises out of a suit filed for recovery of Rs.19,000/- towards damages claimed by the plaintiff against the defendant for demolition of the plaintiff's godowns illegally.

(2.) The averments in the plaint may be briefly stated:- The plaintiff is the owner of an extent of Ac.0-04 cents. The plaintiff constructed a terraced building in 1964 with the prior approval of the Grama Panchayat. Nidubrolu and the plaintiff was enjoying the property. While so the defendant under this authority, during the absence of the plaintiff on 13.7.1976 and following 10 days, got demolished two of the godowns on northern side, Guntur-Bapatla forming part of the aforesaid construction bearing door Nos. 15-245 and 12-246 relating to 9th ward. The demolition was done without any prior notice to the plaintiff and as such, the defendant is not entitled to demolish the building without giving an opportunity. The plaintiff did not encroach any area belonging to the Government. Even if the construction of any portion of the building constituted an encroachment, the demolition without notice is arbitrary. The defendant by wrongful and unlawful conduct, caused the loss of Rs.19,000/-.

(3.) The defendant in the written statement stated that the plaintiff encroached upon the road margin of Bapatla Guntur road of Ponnur Municipality and constructed the Godowns. A notice dated 2.6.76 under Secs.192, 194 and 360 of the Andhra Pradesh Municipalities Act was sent to him directing the removal of the same. Though he was given sufficient opportunity to remove the said encroachment, he failed to comply with the notice. Therefore, two godowns were demolished on 13.7.76 in the presence of the plaintiff after due compliance of the provisions of the Act. The demolished material was carted to the Municipal Office. In respect of the same encroachment previously the plaintiff filed a writ petition No.4796/71 and this High Court passed an order taking note of the contention of the petitioner that he has raised a structure in his land that there is no encroachment by him on the Government property passed an order that the petitioner's remedy is only to file a suit to establish his right. But, however, the plaintiff did not choose to file any suit. Therefore, the plaintiff is estopped from contending that the said godowns are constructed in his own site without any encroachment on the Government land. It is, further stated that the suit claim is barred by limitation and further this Court has no jurisdiction to entertain the suit.