Maramreddy Vijaya Bhakar Reddy. S/O. Chinna Reddy v. The State Of Andhra Pradesh Rep By Its Principle Secretary
HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.21895 OF 2017
ORDER
This writ petition is filed challenging the action of the respondents in resorting to construct Gram Panchayat Office building in river bed land situated in Sy.No.204 of Varikuntapadu Village, Anantasagaram Mandal, SPSR Nellore District. It is the case of the petitioner that an extent of Ac.264.14 cents of land in Sy.No.204 of Varikuntapadu Village was classified as river poramboke. On the river bed, the farmers in the village used to keep haystack since long back. The petitioner is using an extent of Ac.0-10 cents of land for the said purpose. While so, the respondents evicted him from the said land and allotted the same in favour of the 6th respondent-Gram Panchayat for construction of Gram Panchayat Office Building. Pursuant to the proceedings issued by the 2nd respondent, dated 25.10.
2016, the 4th respondent issued proceedings dated 25.01.2017 handing over advance possession to the 5th respondent, based on which, the latter along with the 6th respondent is making preparation to construct Gram Panchayat Office building.
Development (Layout and Building) Rules, 2002 (for short 'the Rules'), no building activity shall be made in the bed of water bodies like river, lake, pond or nala etc. and that no building activity shall be carried out within 30 meters from the boundary of rivers and lakes of surface area. Contrary to the said Rules, the respondent authorities are resorting to construct the Gram Panchayat building. It is also his case that if the respondents are allowed to construct the building on the river bed, there is every chance for obstruction of free flow of water, which leads to diversion of flood water into the village.
The grievance of the petitioner is that he has been using the said land since long time and due to political rivalry, the Sarpanch of the 6th respondent started proposal for construction of office building in the land in which the petitioner is keeping haystack since long time and that he was evicted by the respondent authorities. Hence, he submitted a representation on 29.06.2017 to respondents 2 and 3, but so far no action has been taken thereon.
This Court, by an order dated 5.7.2017, directed the respondents not to proceed with the construction activity in Sy.No.204 of Varikuntapadu Village.
Seeking to vacate the said order, WVMP No.3185 of 2017 was filed along with counter-affidavit by respondent No.5 stating that an extent of Ac.254-14 in Sy.No.204 is classified as 'unsurveyed poramboke' as per RSR of Varikuntapadu Village. Based on the representation dated 2.11.2016 made by the Sarpanch for allotment of land for construction of Gram Panchayat office building, the District Collector, SPSR Nellore District, directed the Mandal Surveyor, Mandal Revenue Inspector, Ananthasagaram and the Village Revenue Officer, Varikuntapadu, to identify the vacant land. Pursuant to the same, a report was submitted recommending for allotment of Ac.0-10 cents in Sy.No.
204 for construction of Gram Panchayat Office building and as per the instructions of the District Collector, the said land was handed over to the Assistant Executive Engineer, Panchayat Raj Department, Ananthasagaram. The Engineering Department has started the construction, raised pillars and the work is in progress. It is further stated that Sy.No.204 was noted as Poramboke in Adangal of the Village. From Fasali 1413, the classification of the subject land was noted as Penna River Poramboke in the Adangal without any authenticated orders of the competent authority.
the subject land. Hence, Rule 21 of the Rules is not applicable in this case. It is also stated that with reference to the administrative sanction, the Executive Engineer sanctioned technical sanction for estimated cost and issued commencement letter with work order dated 22.6.2017. The Gram Panchayat passed resolution on 16.5.2017 for construction of building in the allotted site in the said survey number. As per the interim direction issued by this Court on 5.7.2017, the respondents are not taking any construction activity at present.
A reply affidavit is also filed by the petitioner reiterating the same averments as stated in the affidavit filed in support of the writ petition.
In view of the averments made by the 4th respondent in the counter affidavit it is clear that there is no river or river bed in the subject land. Further, after considering the reports submitted by the revenue officials, the District Collector has taken a decision allotting the subject land for construction of Gram Panchayat office building and the Gram Panchayat also passed a Resolution on 16.5.2017 for construction of the building and the work is in progress. In view of the facts and circumstances of the case and in view of the judgment of the Apex Court in J.R.Raghupathy v.
State of A.P1, this Court does not see any bona fides on the part of the petitioner in filing the writ petition.
Accordingly, the Writ Petition is dismissed. However, this order will not prevent the petitioner from challenging the resolution of the Gram Panchayat in appropriate forum, if he is so advised. No costs.
Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 3rd October, 2017 rkk 1 AIR 1988 SC 1681