LI Network
Published on: November 14, 2023 at 11:49 IST
In a recent development, the Kerala High Court has directed the removal of encroachments from a National Highway Authority (NHAI) property located in front of Ananthapuri Hospitals & Research Institute in Thiruvananthapuram. Emphasizing the urgency, the court stated that encroachments on road margins can be removed without prior notice, particularly if they have not been present for an extended period.
The High Court referred to the Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan case and reiterated that illegal encroachments on road margins can be promptly removed without notice unless they have been in place for an extended duration.
While Relying on Section 367(3) of the Kerala Municipality Act, 1994, the court asserted that the encroachments in question could be removed without providing any notice.
The court highlighted that even the summary eviction of encroachments from public streets or footpaths can be conducted without notice if it obstructs or inconveniences traffic and users of the street.
Referring to the National Highways Act, 1956, the court clarified that the area in front of the hospital included a service road, which is part of the National Highway, and no individual could occupy it.
The court emphasized that the National Highways Act does not grant any right of street vending on a National Highway, and no person can use any part of it for street vending.
The petitioner-hospital sought the court’s intervention to remove encroachers engaging in illegal businesses through bunk shops and temporary sheds on NHAI’s property adjacent to it.
The petitioner argued that the encroachment was causing significant hindrance to the hospital’s operations, including restricting the movement of patients, doctors, and ambulances.
Despite complaints to the Regional Transport Officer and NHAI, the petitioner claimed that no effective action had been taken.
The court directed the respondents to take appropriate measures to prevent the encroachers from returning, acknowledging the severity of illegal occupation of road margins, especially in front of a hospital.
Case Title: Ananthapuri Hospitals & Research Institute V. Corporation of Thiruvananthapuram