Andhra Pradesh High Court - Amravati
Pathuri Subramanyeswara Rao, vs The State Of Andhra Pradesh, on 14 September, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.4073 OF 2021
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"... to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus declaring respondents action in assigning house sites in the lands situated in Sy.No.605, 606, 607 and 618 of Nandigama (U), Nandigama Mandal, Krishna District which are classified as P.W.D Kaluva (Public Works Department Canal) as illegal, arbitrary and violation of the fundamental rights guaranteed under Articles 19(1) (g) & 21 of the Constitution of India beside being violative Section 18 of the Easement Act, 1882 and Board Standing Orders and seeking consequential direction against the respondents to reinstate and maintain the lands situated in Sy.No.605, 606, 607 and 618 of Nandigama (U) classified as Kaluva (Canal) for the irrigation and flood mitigation purposes and pass such other order or orders..."
2. Heard learned counsel for the petitioner and learned Government Pleader for Roads and Buildings and learned Government Pleader for Irrigation and Command Area Development.
3. Learned counsel for the petitioner submits that the lands in Survey Nos.605, 606, 607 and 618 of Nandigama (U), Nandigama Mandal, Krishna District are vested with the irrigation department. While so, Respondent Nos.1 and 2 are taking steps for allotment of the said lands by converting the Canal Land into the house plots under Navaratnalu scheme. The NV,J 2 W.P.No.4073 of 2021 subject land neither can be converted nor can be distributed by way of house sites. Since such conversions is contrary to law.
4. Learned counsel for the petitioner further submits that as per adangals / Revenue records, the said lands were classified as Government lands and earmarked as canal lands. Hence, the lands earmarked as canal lands or lands of water bodies or Natural streams or Rivers or Tanks, neither can be assigned nor can be converted for any other purposes. Therefore, the subject lands were classified as PWD kaluva and not enable for distribution as house site pattas in favour of house less poor persons as envisaged under the housing scheme (Navaratnalu) by Respondent No.1.
5. Therefore, the proposed action of the respondents cannot be allowed and the subject lands should be protected as it is as canal lands for which the learned counsel for the petitioner relied upon the judgment rendered by this Court in Duggirala Ayyanna and others Vs. The State of Andhra Pradesh and others1.
6. On the other hand, learned Government Pleader for Irrigation and Command Area Development filed counter-affidavit, wherein it is stated that the land in the Sy.Nos.605, 606, 607, 618 of Nandigama Nagar Panchayat in Nandigama Mandal is classified as P.W.D Kaluva as per the adangals of the Revenue records concerned. Even though the said lands are classified as P.W.D Kaluva, the subject Canal is completely defunct and most of the lands are converted into real estate ventures. It is further stated 1 Manu/AP/0316/2020 / W.P.No.16656 of 2020 dated 21.10.2020 NV,J 3 W.P.No.4073 of 2021 that there is no water regulation through the canal lands since long back and similarly no maintenance works were taken up. The above said canal is not a flood mitigation channel as there is no source of outfall nearer to the canal.
7. It is further stated that the site was inspected and a letter was addressed to the Tahsildar, Nandigama to depute the Mandal Surveyor to fix the boundaries of the Sy.Nos.605, 606, 607, 618 in Nandigama, Nandigama Mandal to verify and inspect the lands of entire canal is there any assignment by way of house sites so as to conserve the department property, if found there are encroachments or any illegal activities / occupation within the boundaries of the canal. In view of law laid by this Court, the lands should be protected as the lands of the canal lands.
8. Having regard to the submissions made by learned counsel for the petitioner, learned Government Pleader for Roads and Buildings and learned Government Pleader for Irrigation and Command Area Development and also in view of the ratio laid down by this Court in Duggirala Ayyanna and others Vs. The State of Andhra Pradesh and others, the writ petition is allowed and the respondents are restrained from any action for conversion of the subject lands into the house sites. Further, the respondents are directed to keep the said lands intact as canal lands as envisaged under the law as well as the ratio laid down by this Court in Duggirala Ayyanna and others Vs. The State of Andhra Pradesh and others. There shall be no order as to costs.
NV,J 4 W.P.No.4073 of 2021
9. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed.
_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 14th August, 2023 KNR NV,J 5 W.P.No.4073 of 2021 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4073 of 2021 14th August, 2023 KNR