Gamini Rangayya vs Rajahmundry Municipal Council

The contention raised by the appellant is that u/s 182 of the District Municipalities Act V of 1920, a Municipal Council is not empowered to remove an encroachment the title to which became perfected before the commencement of the Act. There is nothing in Section 182 to suppose that any distinction is drawn between a title perfected before the coming into force of the Act end a title perfected after its coming into force. Clause (1) states in very general terms that any projection, encroachment or obstruction may be removed or altered. If the Legislature bad intended to except any class of encroachments from this Rule one would naturally expect a special clause to that effect. Instead of inserting such a clause the Legislature has enacted Clause (2) which says that when the projection, etc., has existed for a period sufficient under the Law of Limitation to give a prescriptive title, then it shall still be liable to removal, but the Council shall pay reasonable compensation. Therefore only two points are dealt with in that section:--(1) removal of lawful projections; and (2) removal of unlawful projections and no distinction is drawn between projections which became lawful before the commencement of the Act and projections which became lawful after its commencement. The Subordinate Judge was, therefore, right in holding that the Council were entitled to remove the plaintiff''s encroachment and that, therefore, his suit for injunction must fail. The second appeal is dismissed with costs.