Andhra Pradesh High Court Stays Construction On 'Donka' Land In Guntur

The Andhra Pradesh High Court has ordered an interim stay on use of ‘Donka’ (way/pathway/de-tour) land for construction of a religious structure in Guntur district. 

The bench of Justice N Jayasurya said, “Considering the submissions made and perusing the material on record, matter including the latest adangal dated 22.6.2023, which shows that the subject property is classified as "Donka", the Revenue Officials i.e., respondent Nos.2 and 3 shall ensure that no construction activity whatsoever be undertaken or allowed to be continued in survey No.138/2B of an extent of Acs.3.07 cents.”

The court passed the order on a petition filed by local residents of Atmakur Mangalagiri. The court was told residents are absolute owners of different extents of land which fall right behind the ‘Donka’ land and if any construction is permitted on the land classified as “donka". Irreparable loss would be faced by the residents as their sole commute into and out of their homes would be blocked due to the construction, they said.

The petitioners have approached the court through their counsel Adv. K Indneel Babu. It was contented that it is the duty of the State to stop indirectly promoting the encroachment of “donka” land and deem the encroachment as illegal, irregular, arbitrary, violative of the provisions of the standing orders and the Municipalities Act, 1965 and rules formulated there under.

In complaints and representations made before the municipal and collectors office, the aggrieved residents stated that the land falling behind the “Donka” land was being developed by both private construction companies and the government into residential apartments, by the construction of swimming pools, parks, sport complexes, etc.

However, the court was told, the residents noticed that in early June construction material was dumped on the “donka” land and unauthorised construction of a religious building was being taken up by Christian missionaries. It was stated that such construction should be made only in accordance with the law laid down by the Supreme Court and after permissions being granted from appropriate municipal authorities.

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