The Andhra Pradesh High Court has directed municipal authorities in Adoni to remove encroachments from a public road after finding that the illegal structures had significantly reduced the road's usable width and were affecting public movement. The court emphasized that public roads cannot be obstructed and that public interest must take precedence over private claims.
Background of the Case
The petition was filed by R.P. Kousalya, a resident of Adoni in Kurnool district, seeking action against temporary sheds allegedly constructed on a 33-foot-wide layout road near her property in LIC Colony. According to the petitioner, the structures blocked access to her plot and prevented authorities from maintaining the road for public use.
During the proceedings, the Adoni Municipality informed the court that encroachments on the layout road had reduced its effective width from 33 feet to approximately 10 to 15 feet, creating serious difficulties for vehicle movement and restricting access to nearby properties.
Court’s Observation
Justice Gannamaneni Ramakrishna Prasad noted that the municipality had explored the possibility of allotting alternative sites to the encroachers. However, the court expressed disagreement with that approach.
“The law is not in support of the stand taken by the Commissioner that alternate sites should be allotted to the encroachers,” the court observed, adding that such a practice could encourage future encroachments and harm public interest.
The court relied on the Supreme Court’s ruling in Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997), which stressed the need for authorities to act promptly against encroachments on public property. Referring to the precedent, the High Court reiterated that public property must be preserved and protected and that unauthorized occupation cannot be allowed to obstruct planned development or public convenience.
Justice Prasad further remarked that no individual has a right to obstruct a public way. The court found that the encroachments had created a “bottle-neck” effect on the road, causing inconvenience to the public and restricting free movement.
“Private rights, if any, shall yield to Public Interest,” the bench stated.
Court’s Decision
Disposing of the writ petition, the High Court directed the Adoni Municipality and other concerned authorities to issue show-cause notices to the encroachers, giving them 10 days to two weeks to voluntarily remove the structures.
The court further ordered that if the encroachments are not removed within the stipulated period, officials may clear them within four weeks using reasonable force if necessary. Authorities were also directed to ensure that the entire 33-foot-wide road is restored and made available for public use within five weeks.
The court clarified that issuing notices before removal would satisfy the requirements of natural justice and accordingly disposed of the petition without costs.
Case Details:
Case Title: R.P. Kousalya v. State of Andhra Pradesh & Others
Case Number: Writ Petition No. 10909 of 2026
Judge: Justice Gannamaneni Ramakrishna Prasad
Decision Date: May 4, 2026
