APLEA Section 2 : Right of Property in Public Roads, etc., Water and Lands
Act
Summary
Section 2 of the Andhra Pradesh Land Encroachment Act, 1905, establishes government ownership over public roads, water bodies, and lands, except where privately owned under specific tenures or rights. It clarifies that public roads and streets vested in local authorities are deemed government property, subject to existing public and customary rights.
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Explanation using Example
Example 1: Encroachment on a Public Road
Introduction: Ramesh, a shop owner in a small town in Andhra Pradesh, decides to extend his shop by building a temporary structure on the adjacent public road.
Application: According to Section 2(1) of the Andhra Pradesh Land Encroachment Act, 1905, all public roads are the property of the Government. Ramesh's extension onto the public road constitutes an encroachment.
Outcome: The local municipal authority, acting under Section 2(2), issues a notice to Ramesh to remove the encroachment. Failure to comply could lead to fines or legal action, as the road is deemed government property.
Conclusion: Ramesh must remove the structure to avoid penalties, illustrating the Act's role in protecting public property from unauthorized use.
Example 2: Dispute Over Riverbed Ownership
Introduction: A farmer, Sita, claims ownership of a piece of land that includes part of a riverbed, which she has been using for irrigation.
Application: Section 2(1) of the Act states that riverbeds below the high-water mark are government property unless owned by specific entities. Sita's ...
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