K. Mahalakshmi v. State Of Andhra Pradesh
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.19974 OF 2012 ORDER:
The case of the petitioners is that they purchased small extent of land from respondent No.8 through registered sale deeds admeasuring 150 square yards each. The said layout is developed by respondent No. 8 in Sy.Nos 276 and 278 covering an extent of Ac.1-01 cents in the Grampanchayat limits of Yellavarthypadu Grampanchayat and the petitioners also confirmed that respondent No.8 had got the layout examined the title of respondent No.8 and found that respondent No.8 had got the layout approved by respondent No.6 and the petitioners paid challan vide challan No.9237, dated 07-07-2006 to convert the land into non-agricultural land admeasuring Ac.1-01 cents in Sy.Nos 276 and 278 situated at Yellavarthypadu village. The population of Yellavarthupadu Grampanchayat is less than 10,000.
As per Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 vide G.O.Ms.No.67, dated 26-02-2002 under Rule 11 the Grampanchayat is competent to accord sanction for the layout in respect of village having population less than 10,000. The petitioners came to know that respondent No.2 issued orders to remove the stone and disturb the unauthorized layouts. Pursuant to said directions, respondent No.
been issued to respondent No.8 that the land developed by them is not approved layout and also the land is not converted from agricultural to non-agricultural land and similar notices were also issued earlier to respondent No. 8 and no replies were given to respondent No.6 and informed the petitioners that layout would be disturbed and the stones fixed would be removed from the layout. It is stated that the petitioners sought to give their written representation to the respondent No.6, but he refused to take on record stating that explanation has to be submitted only by respondent No.8 who had been served with show-cause notice.
As no explanation is filed, impugned notice, dated 04-06-2012 issued to the petitioners stating that since no layout is obtained for plots and plots have to be regularized, the concerned have to get regularization of plots within (07) days. Aggrieved by the same, the present writ petition is filed. Counter affidavit is filed by respondent Nos 6 and 7 stating that till date no application has been given to the Grampanchayat for its approval. The petitioners have not submitted application either to the Grampanchayat or to the Director of Town and Country Planning for its approval. That the petitioners have paid challan for approval of layout by the respondent No.6. The respondent No.
No.D.Dis.J/371/2010, dated 29-04-2010 and the So far as the conversion of land from agricultural to nonagricultural land is concerned, the Revenue Divisional Officer i.e. respondent No.3 is the competent authority. The challan paid by the petitioners without any demand or notice by Grampanchayat and mere payment of challan is not enough for getting approval of layout. According to G.O.Ms.No.67, dated 26-02-2002, it is the duty of executive authority to safeguard the common site left open for common public in the layouts and the Executive authority is the only authority to take action against the unauthorized layouts in the Grampanchayat area. The Grampanchayat is the only authority to release the layout finally after getting technical and final approval from the District Town and Country Planning.
The Grampanchayat is the only authority to execute conditions imposed by the competent authority i.e. District Town and Country Planning. Unless the plots are regularized or layout is approved by the competent authority, permissions for constructions cannot be granted. As such, the petitioners would have to avail the alternative remedy of approaching the District Collector for its regularization and sought for dismissal.
Learned counsel for the petitioners submits that the Grampanchayat has approved the layout made
by the respondent No.8 and the petitioners paid challan vide challan No.9237, dated 07-07-2006. But when the petitioners wanted to file explanation, respondent No.6 refused to take the same. It is also submitted that respondent No.3 has permitted the conversion of land use. As such, the impugned notice is illegal.
On the other hand, learned Standing Counsel for respondents submits that technical approval is necessary for certain permissions.
It is to be seen that the allegation of the petitioners that they were not permitted to file explanation, when notice dated 04-06-2012 issued to the respondent No. 8 is not denied in the counter affidavit and the petitioners assert that the layout was approved by the respondent No.6 and the petitioners paid challan vide challan No.9237, dated 07-07-2006. For that the respondents 6 and 7 are asserting that mere payment of challan is not enough for getting approval of layout and approval said to have been given by the then Panchayat Secretary is without any competency.
In view of the above facts and circumstances of the case, this Court is of the opinion that the impugned notice can be treated as show-cause notice and it is open for the petitioners to submit all the relevant documents showing that the approval has been granted by Grampanchayat
and also raise other contentions by way of filing explanation to the notice dated 04-06-2012 within a period of four weeks from today. But as it is stated by learned Standing Counsel that the subject land falls under A.P.C.R.D.A., now the C.R.D.A. has to take decision after affording opportunity of hearing, pass appropriate orders. If the subject matter falls within the jurisdiction of C.R.D.A. it is open for the C.R.D.A to issue notice to the petitioners and after affording opportunity of hearing to the petitioners pass appropriate orders and take action in accordance with law. Till then, interim order granted by this Court shall continue.
Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 10-07-2017 Nvl