Andhra Pradesh High Court - Amravati
Bojja Dasaratha Rami Reddy. vs The State Of Andhra Pradesh, on 1 February, 2023
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE Mr. JUSTICE D.V.S.S. SOMAYAJULU
W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
W.P. (PIL) No.290 of 2020:
Bojja Dasaratha Rami Reddy, S/o. late Sri Bojja Venkata Reddy,
aged about 63, Occupation: Farmer and Farmer Leader, R/o.
25/510, Srinivasa Nagar, Nandyal, and others
... Petitioners
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary
(Revenue), A.P. Secretariat, Amaravati, and others
... Respondents
Counsel for petitioners : Mr. Bojja Arjun Reddy
Counsel for R.1, 2, 4, 5 & 7 : Additional Advocate General
Counsel for respondents 6 & 8 : Ms. Anula
Counsel for respondent No.9 : Mr. T. Jayanth Jisoorya
W.P. (PIL) No.216 of 2021:
Bojja Dasaratha Rami Reddy, S/o. late Sri Bojja Venkata Reddy,
aged about 63, Occupation: Farmer and Farmer Leader, R/o.
25/510, Srinivasa Nagar, Nandyal, and others
... Petitioners
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary
(Revenue), A.P. Secretariat, Amaravati, and others
... Respondents
Counsel for petitioners : Mr. Bojja Arjun Reddy
Counsel for respondent No.1 : Additional Advocate General
Counsel for respondents 2 to 4 : Ms. Anula
2 HCJ & DVSS,J
W.P. (PIL) Nos.290 of 2020,
216 of 2021
and 55 of 2022
W.P. (PIL) No.55 of 2022:
Bojja Dasaratha Rami Reddy, S/o. late Sri Bojja Venkata Reddy,
aged about 63, Occupation: Farmer and Farmer Leader, R/o.
25/510, Srinivasa Nagar, Nandyal, and others
... Petitioners
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary
(Revenue), A.P. Secretariat, Amaravati, and others
... Respondents
Counsel for petitioners : Mr. Bojja Arjun Reddy
Counsel for respondents 1, 4, 5 & 7 : Additional Advocate
General
Counsel for respondents 2, 3 & 6 : Ms. Anula
COMMON ORDER
Dt.01.02.2023 (Prashant Kumar Mishra, CJ) W.P. (PIL) No.290 of 2020 has been preferred seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus to quash G.O.Ms.No.341 dated 12.11.2020 issued by the Revenue (Lands VII) Department alienating 50 acres of land belonging to the Regional Agricultural Research Station established in 1906, which has been playing an instrumental role in providing technology transfer services to the farming community for over a hundred years for the construction the new Director of Medical Education, Government of Andhra Pradesh as being arbitrary, unreasonable, unfair, unconstitutional and violative of the Andhra Pradesh land policy as promulgated 3 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 in G.O.Ms.No.571 dated 14.09.2012 as well as being in violation of the procedure established by law for the alienation of land by the government as laid down in the BSO 22 of the Andhra Pradesh Board of Revenue Standing Orders as well as being in violation of the constitutional rights of the farmers guaranteed under 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos.1, 2, 3, 4 and 5 to search for suitable alternative land for the construction of the new District Medical College at Nandyal and pass such an order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. W.P. (PIL) No.216 of 2021 has been preferred seeking the following relief:
"...to issue a writ, order or direction, more particularly one in the nature of Mandamus:
a. to declare the resolution No.10186 passed by the respondent No.3, the Board of Management of respondent No.2 during its 299th (Urgent) meeting held on 20.06.2021 to alienate the 50 acres of land belonging to the Regional Agricultural Research Station, Nandyal ("RARS") in favour of Director of Medical Education, Government of Andhra Pradesh as illegal, ultra vires the Acharya NG Ranga Agricultural University Act, 1963 and being in violation of the precautionary principle and violative of Articles 14, 19 and 21 of the Constitution of India;
b. to declare the action of the respondent No.1 in seeking the and meant for agricultural research for 4 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 other purposes as violative of Articles 14, 19 and 21 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
3. W.P. (PIL) No.55 of 2022 has been preferred seeking the following relief:
"...to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Certiorari and Mandamus:
a. set aside the actions of respondent No.5 in issuing directions vide Rc.No.Dy.S.O/282/2022 dated 14.03.2022 as being arbitrary, illegal, unlawful and violative of the constitutional rights of the farmers of Nandyal region in particular and Rayalaseema region in general granted under Article 14, 19 and 21 of the Constitution of India, 1950;
b. declare that the respondent No.2 does not have the power to grant consent to alienate the University property without the due approval of the Board of Management of respondent No.2's University and consequently set aside the consent granted vide Lr.No.6160/Rea.II(2)/2022, dated 14.03.2022, to respondent No.4 for the establishment of the collectorate of the proposed district of Nandyal in RARS, Nandyal's buildings;
c. pass any such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
5 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
4. Since the grounds of challenge in the three writ petitions (public interest litigations) are common and overlapping, they are heard analogously and disposed of by this common order. W.P. (PIL) No.290 of 2020:
5. In furtherance of the "Nadu Nedu" initiative, the State Government has decided to construct a new Medical College in the Districts which currently do not have a Government Medical College. Since the newly formed District of Nandyal has no Government Medical College, the State Government decided to establish a Medical College at Nandyal and to implement the said initiative, the State Government decided to alienate 50 acres of land belonging to RARS, Nandyal, in favour of the Director of Medical Education (DME), Andhra Pradesh vide G.O.Ms.No.341 dated 12.11.2020.
PETITIONERS' CASE:
6. It is the case of the petitioners that the land which is sought to be alienated in favour of the DME is being used by RARS for developing new varieties of crops which are particularly suited to the regional micro climate, lands were donated by the farmers in the year 1906 and the then British Government 6 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 established SARS in the said lands. It is highlighted that RARS is amongst the oldest Agricultural Research Stations in the country and in due course, it has evolved as the best Research Station in India contributing immensely to increasing the productivity of the crops. It is presently undertaking six All-India Coordinate Research Projects (AICRPs) funded by the Indian Council of Agricultural Research (Central Government) in Cotton, Bengal Gram, Sorghum, Small Millets, Oilseeds, Tobacco apart from supporting five additional AICRP projects. It is also the centre for production of source seed (Nucleus Seed) of Bengal Gram, Paddy, Small Millets, Cotton, Jowar etc. to cater to the breeder seed needs of the entire State. Therefore, any curtailment of the area under cultivation by RARS is likely to affect the production of source seed. The land sought to be alienated is irrigated through K.C. Canal. It is also stated in the writ affidavit that when the proposal for alienation of the subject land in favour of the DME was in progress, the 6th respondent, Associate Director of Research, RARS, Nandyal, has objected to the said proposal. However, the 5th respondent-Tahsildar replied to the letter of the 6th respondent intimating that he had identified the subject land to be suitable for establishment of Government Medical College in Nandyal as the same is situated in the midst of Nandyal Municipal 7 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 area, it is very nearer to the District Hospital, Nandyal and it has good accessibility to the surrounding villages and Mandal, making it further suitable and convenient for public residing in surrounding villages in terms of public health care and in transit of patients in emergency conditions. It is also stated in the letter addressed by the 5th respondent dated 18.09.2020 vide Rc.B/221/2020, that as per BSO 22(8) and Revenue (Assignment I) Department G.O.Ms.No.571 dated 14.09.2012, the Collector is the competent authority to transfer land from one department to the other department. The 6th respondent again objected to the said proposal stating that the subject land is not unutilized land since research activities are going on in the subject land.
7. According to the petitioners, despite objection by the 6th respondent, who is the Head of the Department for RARS, the impugned alienation in favour of the DME has been ordered in violation of the procedure established by law. The farmers of the region would be put to immense loss and hardship due to alienation of land in favour of the DME; therefore, the farmers of the region are deeply concerned with this move, as it would adversely affect the agriculture-based economy of Nandyal. It is further stated that the land was donated by the farmers for the purpose of establishment of RARS; therefore, it cannot be put to 8 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 any other use and, moreover, it violates BSO 22 inasmuch as only vacant land can be transferred from one department to the other department and, that too, with the consent of the Head of the Department. Whereas in the case on hand, the land is to be used for research activity; therefore, it is not vacant land and that Head of the Department, i.e. the 6 th respondent, has objected to the alienation. It is also stated that under the Government Land Allotment Policy detailed in G.O.Ms.No.571 dated 14.09.2012, only waste and dry lands should be proposed for alienation, whereas the present is a case involving irrigated land; therefore, it cannot be alienated. It is also stated in the writ affidavit that the following alternative lands are available in and around Nandyal:
a. 50 acres of land occupied by Central Warehousing Corporation;
b. Market yard land;
c. Previous Cooperative Sugar Mill Land and
d. Land belonging to non-operational Nandyal Spinning
Mill situated on National Highway
8. According to the petitioners, it is not necessary to establish Medical College within city limits and private lands can be 9 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 acquired outside the city limits for establishment of Medical College.
W.P. (PIL) No.216 of 2021:
9. In W.P. (PIL) No.216 of 2021, petitioners have challenged resolution No.10186 passed by the Board of Management of 2nd respondent-Acharya N.G. Ranga Agricultural University (ANGRAU), resolving to alienate 50 acres of land, on the ground that 3rd respondent-Board of Management of the University does not have the power to dispose of the land belong to the 2nd respondent-University. It is stated in the writ affidavit that consent of the 3rd respondent for such alienation is bound to have ill-effects on the natural resources of the region and the same will affect the agricultural research operations in the State of Andhra Pradesh. It is also stated that consent granted by the 3rd respondent for alienation of land in favour of DME is for extraneous reasons without assessing the viability of the proposed alternative land for research causing potential harm to the research undertaken at RARS, Nandyal. It is further highlighted that the impugned resolution is opposed to the earlier resolution dated 19.06.2020 passed in the 295th meeting 10 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 of the Board of Management; therefore, it has no authority in law.
W.P. (PIL) No.55 of 2022:
10. In W.P. (PIL) No.55 of 2022, petitioners have called in question the action of the 5th respondent, Revenue Divisional Officer, Nandyal, in issuing directions vide Rc.No.Dy.S.O/282/2022 dated 14.03.2022, for making transit arrangements for accommodation of new District Collectorate of newly proposed Nandyal District in RARS Building and requesting the 2nd respondent-University to handover the building for establishment of new Collectorate, on the ground that the Registrar of the 2nd respondent-University does not have the power to grant consent to alienate the land and building of the University in favour of the 4th respondent for establishment of the Collectorate of the proposed District of Nandyal without there being consent of the Board of Management.
11. According to the petitioners, disposal of the land and building of RARS, Nandyal for establishment of Collectorate of the new District of Nandyal would adversely affect the agricultural research activities and the same will have the effect of destroying 11 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 the well-established and fully functional research institute, leading to irreparable loss of valuable research.
RESPONDENTS' CASE:
12. Main counter-affidavit has been filed by the 4th respondent, District Collector, Kurnool District, in W.P. (PIL) No.290 of 2020, inter alia, stating that a Report dated 03.11.2020 was submitted to the Chief Commissioner of Land Administration, Andhra Pradesh, Vijayawada, informing that the land to an extent of Ac.626.76 cents in Sy.No.353, 344 and 350 etc., of Bollavaram village of Jupadu Bunglow Mandal of Kurnool District, belonging to National Seed Corporation, Agriculture Department, is available and is vacant on ground and a request was made to examine the issue and take necessary action for allotment of land to an extent of 100 acres belonging to Agriculture Department for establishment of Farmer Training Centre and RARS. Under the impugned G.O.Ms.No.341 dated 12.11.2020, the Government issued orders for alienation of land to an extent of 50 acres in Sy.No.234/A Noonepalli village of Nandyal Mandal in favour of the Director of Medical Education, as the Government has proposed for establishment of Government Medical College in Nandyal, vide Memo No.3462280/C1/2020 dated 29.04.2020, 12 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 consequent upon which Government has instructed to identify 50 acres of Government land for establishment of the said Medical College. The Revenue Divisional Officer, Nandyal, submitted a report stating that Government land is not available for alienation for the said purpose and after thorough search, land to an extent of Ac.61.63 cents in Sy.No.234/A, which was acquired in the year 1912 for establishment of RARS, which is available, is identified. The Revenue Divisional Officer inspected the said land along with Tahsildar and found that the proposed land is very near to the District Hospital, Nandyal and there is good accessibility to the surrounding villages of Nandyal, Gospadu, Sirivel and Mahanandi Mandals and, thus, proposed for transfer of the said land as per BSO 22 Para-8 from Agriculture Department to the Director of Medical Education for establishment of Government Medical College, Nandyal. After duly concluding the procedural formalities for transfer of the land as detailed in the counter-affidavit, including calling for objections for alienation of the subject land in favour of the DME, wherein only one objection was received, the Tahsildar, Nandyal and Sub-Collector, Nandyal, submitted proposal for transfer, which is accepted by the Government and the Chief Commissioner of Land Administration, Government of Andhra 13 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 Pradesh, submitted proposal to the Principal Secretary to the Department of Revenue for transfer of the land and eventually the impugned G.O.Ms.No.341 was issued alienating 50 acres of land as per Para 3-b(vii) of G.O.Ms.No.571, Revenue (Assn.I) Department dated 14.09.2012, subject to conditions mentioned in the G.O., in addition to the conditions under BSO 24. It is also averred in the counter-affidavit that the subject land is vacant on ground and available for establishment of Medical College.
Insofar as the objection to the subject alienation on the ground of lack of consent of the Head of Department, it is stated in the counter-affidavit that Cabinet stands on a higher pedestal in contest to Head of the Department; therefore, the decision of the Cabinet being collective and integral part of governance, it is binding on the Head of Department and deemed to be consent of the Head of Department.
13. In the additional counter-affidavit of the 4 th respondent, it is stated that Government Hospital, Nandyal is functioning in the land to an extent of 12 acres at Noonepalle, Nandyal Town and the old market yard land is being used for the purpose of agriculture market. There are some congested colonies located between Government Hospital, Nandyal and the old market yard land. The old market yard land is located under the Noonepalle 14 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 flyover bridge and the existing connecting road is only 20 feet. Hence, it is difficult for movement of vehicles and ambulance, hindering emergency operations. The said land was already inspected by the Collector, Kurnool and found unsuitable for establishment of Government Medical College. In respect of the land belonging to the Cooperative Sugar Society, it is stated that the said lands to an extent of Ac.120.61 cents are purchased by Rayalaseema Sugar and Energy Ltd., pursuant to the order in favour of the said entity by the High Court of Andhra Pradesh on 15.02.2022 in W.P.No.24974 of 2011. Therefore, the said lands are purely private lands and not available for establishment of Government Medical College. Similarly, Central Warehousing Corporation is having a total extent of Ac.37.53 cents vested in Central Government under possession of Food Corporation of India, out of which an extent of Ac.25.00 cents is occupied and functional with FCI go-downs and the remaining part is utilized for loading and unloading of commodities and stocks and for halting of vehicles. Therefore, these lands are also not available and suitable. In respect of the land belonging to Nandyal Cooperative Spinning Mill, it is stated that the same is located in Panyam Mandal, whereas the Government has decided to establish medical colleges in District headquarters. Thus, the 15 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 land belonging to Spinning Mill, Nandyal, cannot be considered for establishment of Government Medical College as per Government policy. Moreover, several cases are pending against Nandyal Cooperative Spinning Mill, Nandyal and this land is also situated at a faraway place at a distance of 16 kms., from the District Government Hospital, Nandyal.
14. The 8th respondent-University has opposed the writ petition stating, inter alia, that it has power to acquire or alienate the land belonging to the University by virtue of Section 20 of the A.P. Agricultural University Act and the 6th respondent is a branch of the University within its administrative control. Opposing the public interest litigations which are filed on the plea that farmers would be adversely affected, the University has specifically averred that merely by changing the location of Research Centre, farmers are not going to be adversely affected and that farmers cannot have any say that Research Centre should be located at a particular place. After research and approval of any seed, it would be available in the market accessible to the farmers across the length and breadth of Andhra Pradesh. The University has an extent of Ac.116.8 cents at Noonepalli village, Nandyal Mandal, Kurnool District and the same is being utilized as RARS and the University has no objection for alienating 50 acres of land in 16 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 favour of the DME. The remaining land about 58 acres would be utilized for research as usual and apart from that, the Government had allotted alternative 50 acres of land to the RARS at NSC Block of Thandancha State Seed Farm, Kurnool District and the District Collector, Kurnool has addressed letter dated 03.11.2020 to the Chief Commissioner of Land Administration, Andhra Pradesh, requesting to allot land admeasuring 100 acres in Sy.No.353, 344, 353 of 35 Gollavaram village, Jupadu Bungalow Mandal, Kurnool District for establishing Farmers Training Centre and RARS. It is further stated that the University has conducted Board of Management meeting on 20.06.2021, wherein resolution was passed unanimously to give the subject land to the DME, A.P. for establishing new Medical College, for which the University has power under Section 20(1)(C) and (D) of the A.P. Agricultural University Act. Mere change of location of Research Centre is not going to affect the research work and the alternative land made available by the Government is feasible for research work.
15. In its separate counter-affidavit, the 6th respondent, Associate Director of Research, RARS, Nandyal, has supported the petitioners stating the land belonging to the University cannot be alienated without taking permission of the Board of 17 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 Management of the University and the HOD, i.e. the 6th respondent. Referring to the letters addressed by the then Vice Chancellor and Registrar of the University objecting to alienate the subject land for establishment of Government Medical College, it is stated that at an earlier point of time, the University has raised objection, but later on, the University changed its stand, which is not tenable. It is contended that establishment of Government Medical College, Nandyal should not come at the expense of destroying an already developed RARS, which has been established after incurring huge expenditure and any fresh establishment will again require huge capital expenditure and agricultural research will go back 20 years resulting in stopping of releasing of new varieties of different crops. It is also stated that under G.O.Ms.No.571 dated 14.09.2012, New Land Allotment Policy, only waste and dry lands should be proposed for alienation. Therefore, the subject land being irrigated cannot be allotted for establishment of Government Medical College. It is highlighted that if land belonging to RARS, Nandyal, is alienated to the DME, uproar from more than 200 working farm labourers will arise as they will lose their employment and their families will suffer without bread and butter.
18 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
16. The official respondents belonging to the State Government have filed memo along with details of available Government lands in Nandyal Mandal, submitting that there is no available contiguous Government land to an extent of 50 acres in Nandyal Mandal, Kurnool District for establishment of Government Medical College.
17. Learned counsel for the petitioners made lengthy submissions mainly revolving around the grounds set forth in the writ petitions (public interest litigations) as extracted in the preceding paragraphs. It is vehemently argued that taking away 50 acres of irrigated land which is used for research activities would hamper the research activities, which is contrary to public interest. It is also argued that alienation of land is contrary to Land Allotment Policy and BSO 22. Further objecting to the alienation of 50 acres of land for establishment of Government Medical College, it is submitted that, initially, University authorities objected to alienation, but, later on, under pressure, resolution was passed by the Board of Management of the University without the consent of the Head of the Department. Therefore, the procedure adopted by the University for transfer of land is violative of Article 14 of the Constitution of India, as the same occurred under duress.
19 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
18. Learned counsel for the petitioners referred to the following judgments of the Hon'ble Supreme Court and the High Court of Andhra Pradesh:
Bahadursingh Lakhubhai Gohil v. Jagdishbhai -
(2004) 2 SCC 65 S.P. Kapoor v. State of H.P. - (1981) 4 SCC 716 Clariant International Ltd. v. SEBI - (2004) 8 SCC 524 Bangalore Medical Trust and ors. V. B.S. Muddappa - (1991) 4 SCC 54 State of Punjab and Anr. v.Gurdial Singh and Ors. - AIR 1980 SC 319 SEBI v. Sunil Krishna Khaltan and Ors. - 2022 SCC OnLine SC 862 Indian Express Newspapers (Bombay) Private Ltd. And Union of India - (1985) 1 SCC 641 Manohar Lal (D) by Lrs. v. Ugrasen (D) by Lrs. and Ors. - (2010) 11 SCC 557 Purtabpore Co. Ltd v. Cane Commissioner of Bihar and ors. - 1969 (1) SCC 308 Anirudhsinhji Karansinghji Jadeja and Anr. V. State of Gujarat - AIR 1995 SC 2390 Podili Siva Murali and Ors. v. State of Andhra Pradesh and Ors. - 2021 SCC Online AP 3155 20 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022
19. Per contra, learned Additional Advocate General would rest his submissions on the plea that public interest demands establishment of Medical College at Nandyal rather than encouraging the effort to stall its establishment. It is particularly argued that the W.P. (PIL) No.290 of 2020 has been filed at the instance of the 6th respondent therein who has been arrayed in independent capacity as if the said respondent is separate than the University itself. Alleging mala fides on the petitioners and the 6th respondent, it is argued the 6th respondent submitted counter-affidavit supporting the petitioners without obtaining consent of the University. Therefore, on 08.04.2021, the University issued a proceeding to the 6th respondent for withdrawal of the counter-affidavit filed without proper authority.
Mala fides on the part of the petitioners have been highlighted by submitting that initially, the University was not arrayed as party to the writ petition, which was subsequently done by moving petition for impleadment. Thereafter, the University filed counter on 21.06.2021 objecting to the grounds raised in the writ petition.
20. Referring to G.O.Ms.No.53 dated 08.10.2015, it is argued by the learned Additional Advocate General for the State that 500 acres of land has been made available to the University for 21 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 establishment of Seed Research and Technology Centre for the benefit of the farmers on the seed front. In addition, alternative land admeasuring 50 acres in lieu of transfer of 50 acres of land for establishment of Government Medical College, has sufficiently protected the interest of the University and no public interest would be served by setting aside the impugned G.O., transferring the subject land to the DME. He would further submit that the Land Allotment Policy and BSO 22, have been duly complied with and there is no illegality in the transfer of the subject land. Learned Additional Advocate General relied on the following judgments rendered by the Hon'ble Supreme Court:
State of Maharashtra v. Mahadeo Deoman Rai alias Kalal and others - (1990) 3 SCC 579 Raju S. Jethmalani and others v. State of Maharashtra and others - (2005) 11 SCC 222 Federation of Railway Officers Assocation v. Union of India
- (2003) 4 SCC 289 Sayyed Ratanbhai Sayeed (dead) through Legal Representatives and Anr. v. Shirdi Nagar Panchayat and another - (2016) 4 SCC 631 Vivek Batra v. Union of India and others - (2017) 1 SCC 69 22 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 Bhartiya Kissan Union (Punjab) v. State of Punjab - 2001 SCC OnLine P & H
21. The core issue for adjudication in these writ petitions (public interest litigations) is whether public interest would be served in interfering with the impugned transfer of 50 acres of land belonging to RARS, Nandyal to the DME for establishment of Government Medical College. Incidentally, it is also to be considered as to whether which of the two public interests, i.e. interest of research work in the RARS or the establishment of Government Medical College should be given primacy in the obtaining factual matrix.
22. The State Government has taken a policy decision to establish Government Medical College in each of the Districts.
Recently, Nandyal has been declared a separate District. Therefore, the State Government decided to open Government Medical College at Nandyal. The material available on record would demonstrate that an extent of 50 acres of contiguous land in Nandyal Mandal within the radius of 10 kms., satisfying the norms of the National Medical Commission, is not available. As per the Minimum Requirements for Annual M.B.B.S. Admissions Regulations, 2020, every medical college shall comprise of the 23 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 Medical College, the attached Teaching hospital/(s) and the hostels for the students & interns, with or without the residential area for faculty and other staff of college/hospital. The medical college, hostels for students/interns and the teaching hospital/institution shall be in a unitary campus. However, in X and Y category (or Tier 1 & Tier 2) cities, Hilly and North-East states and notified tribal areas, the campus could also be on 2 plots of land - one housing the teaching hospital and the other the medical college with hostels for students and interns. If the campus is housed in more than 1 plot of land, the distance between each one of these plots should be less than 10 kms or less than of 30 mins travelling time, whichever is lesser. Thus, under the said Regulations, Medical College is to be established necessarily within 10 kms. of Nandyal District Hospital, which has been declared as a Teaching Hospital for the Medical College. Alternative lands suggested by the petitioners have been found unsuitable for different reasons, as has been extracted in the preceding paragraphs of this order. Since no other land is available within 10 kms. of Nandyal District Hospital, the State Government decided to transfer 50 acres of land belonging to RARS for establishment of Government Medical College, Nandyal. The decision is in the domain of the policy decision of the State 24 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 Government to serve the interest of public, viz. to protect their health conditions by establishing Medical College. There can be no dispute that establishment of Medical College serves public interest. Therefore, at the inception, the object for which the land belonging to RARS has been transferred is not contrary to public interest.
23. It is the case of the petitioners that the subject transfer violates the Land Allotment Policy and BSO 22. However, on a proper examination, it is found that the subject land is vacant land in the sense that there is no construction over it. Merely because crops have been grown on the subject land for research activity, the same would not mean that the same is not vacant. It is also to be seen that alternative land of 50 acres has been transferred to the University in lieu of the transfer of 50 acres of the subject land. The alternative land made available to the University in lieu of the subject land is situated at Thandancha village.
24. According to the petitioners, the said alternative land is not suitable for research purposes. However, G.O.Ms.No.53, dated 08.10.2015, would reveal that the State Government has already transferred 500 acres of land at NSC block of Thangadancha 25 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 State Seed Farm, Kurnool District to ANGRAU on nominal lease as per existing Government Rules for establishment of Seed Research and Technology Centre for the benefit of farmers of the State on the seed front. When 500 acres of land in the same location has already been transferred to the University which is found suitable, submission of the petitioners to the contrary is not acceptable. G.O.Ms.No.53, dated 08.10.2015, specifically speaks that consequent on the declaration of Kurnool District as Seed Hub of Andhra Pradesh, the University is planning to establish a Seed Research and Technology Centre in Kurnool District with State of the Art Technology for the benefit of the farmers of the State on seed front. For this purpose, there is one potential farm existing at Thangadancha, 40 Kms away from Kurnool town under the control of the Department of Agriculture with an extent of 1600 acres with good water source. Therefore, the University requested the State Government to transfer 500 acres of available land at Thangadancha farm to ANGRAU for establishment of Seed Research and Technology Centre for conducting research on seed technology, production of breeder seed, foundation seed of paddy, redgram, chickpea, korra and millets etc., and also to serve the farmers in a better way by supplying quality seed to increase the productivity of crops and 26 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 made the farming more profitable. It is, thus, abundantly clear that land at Thangadancha is suitable for research activity. Therefore, objection of the petitioners on the count that alternative 50 acres of land allotted to the University is not suitable, is bereft of substance.
25. Insofar as the objection of the petitioners that in the absence of consent of the Head of the Department, the Land Allotment Policy has been violated, it is to be seen that the State Government has taken a policy decision at the highest level. Therefore, a subordinate authority, i.e. a Head of the Department cannot object to the policy decision of the State Government. An officer subordinate to the Government cannot be permitted to dictate terms to the Government forcing it to change the policy and, more so, when the decision to transfer the land is serving public interest, i.e. for establishment of Medical College.
26. Learned counsel for the petitioners has argued, based on the judgments rendered by the Hon'ble Supreme Court, that when land is reserved for research activities, same cannot be put to use for a different purpose. However, it is to be seen that the subject land is not reserved for research activity in any master plan or zonal plan. It was used for research activity as the same 27 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 was allotted to the RARS in 1907. It is nobody's case that the subject land is reserved for any particular purpose under any statute or any master plan. There is no material to demonstrate that there is any embargo on using the subject land for any different purpose. Moreover, the University has already been allotted 500 acres of additional land in the year 2015 and another 50 acres has been transferred at the same location in lieu of the transfer of the subject 50 acres of land for establishment of Government Medical College.
27. When the two competing public interests are involved, it is the duty of the court to balance the need of the society. The interest of farmers with regard to doing research work on the subject land has been taken care of by the Government by allotting 50 acres of land at Thangadancha village, where Research activities can be carried out, as the same has been found suitable in G.O.Ms.No.53 dated 08.10.2015. Thus, interest of the farmers has been protected by allotting additional 50 acres of land in lieu of the transfer of the subject land. Augmenting health care facility for the public at large is one basic need of the society, which deserves to be given proper attention by every Government. If the State Government has decided to establish a medical college in each of the Districts and in furtherance 28 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 thereof, a new Medical College is to be opened at Nandyal, for which there is no other suitable land available within the distance of 10 kms., from the District Hospital, Nandyal, the public interest involved in establishment of a Medical College by transferring the subject land to the DME would have primacy over the public interest of research work, which has been properly addressed by allotting alternative land.
28. In the considered opinion of this Court, there is no such public interest involved in the case, which warrants interference in exercise of powers under Article 226 of the Constitution of India. It is also significant to note that during pendency of the matter, this Court permitted the State Government to apply to the National Medical Commission for establishment of Medical College and such permission having been granted, construction of Medical College at Nandyal has already begun and is underway in full swing. We, therefore, find no substance in W.P. (PIL) Nos.290 of 2020 and 216 of 2021.
29. Insofar as W.P. (PIL) No.55 of 2022 is concerned, as extracted in the preceding paragraphs, challenge has been made to the action of the 5th respondent, Revenue Divisional Officer, Nandyal, in issuing directions vide Rc.No.Dy.S.O/282/2022 dated 29 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 14.03.2022, instructing the University to handover the three buildings, viz. (1) Research Complex at RARS, Noonepalle (2) Research Laboratory at RARS, Noonepalle and (3) Dr. YSR Centenary Hall at RARS, Noonepalle, to the Revenue Department, Nandyal, for the purpose of making transit arrangements for accommodation of new District Collectorate of newly proposed Nandyal District, in RARS building.
30. The main contention of the petitioners is that the 2nd respondent-University does not have the power to grant consent to alienate the property of the University without the approval of the Board of Management of the University.
31. In the counter-affidavit of the 2nd respondent-University, reference has been made to Chapter 2 under Point 6(o) of the Acharya N.G. Ranga Agricultural University Act, by referring to the powers and functions of the University providing that the University has powers to cooperate with other universities and authorities in such manner and for such purposes as the University may determine. In exercise of this enabling provision, the University has taken decision and accorded consent vide Lr.No.6160/Res.II(2)/2022 dated 14.03.2022 to the Collector and District Magistrate, informing that (i) Research Complex for 30 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 strengthening of Pulses & Millets building which is under construction and (ii) Dr. Y.S.R. Centenary Hall (as and when meetings are convened only) can be spared for the temporary starting and foundation of new collectorate at RARS, Nandyal. The University further stated that as it is a temporary sparing of buildings for functioning of the office of the Collectorate, Nandyal, it is neither affecting any research activities nor impeding smooth conduct of the advanced research being carried out at RARS, Nandyal and that the accommodation is purely on temporary basis.
32. The 4th respondent-Collector has also filed an affidavit stating that in view of the exigency and to meet the schedule fixed for establishment of new Collectorate, the Registrar has been requested to offer two alternative rooms for immediate occupation which are not used for the purpose of research. After due consideration and deliberation, the Registrar was pleased to offer two rooms in Advance Research Laboratory building, RARS to facilitate functioning of the new Collectorate and that the two rooms were not used for the purpose of research.
33. Thus, according to the University and the District Collector as well, providing of accommodation for temporary establishment 31 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 of new Collectorate, Nandyal is only a transit arrangement without there being any element of alienation. Thus, petitioners' contention that alienation has been done without approval of the Board of Management, does not arise for determination because it is only a temporary sparing to meet the transit arrangement for the new Collectorate and the buildings have not been alienated to the State Government for establishment of Collectorate, Nandyal District, permanently.
34. In the course of hearing also, learned Additional Advocate General has informed that the accommodation provided by the University for establishment of new Collectorate, Nandyal is only for a limited period.
35. When a new District is formed, establishment of Collectorate is the foremost requirement. Therefore, if no other building is available to accommodate the new Collectorate, there is no illegality in using the building owned by the University for accommodating the new Collectorate temporarily. The temporary arrangement so made neither violates any provision of law nor prejudicially affects the research work at RARS, Nandyal.
36. It is appropriate to refer to the proceedings in W.P.No.6969 of 2022, wherein challenge was made to the action of the 32 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 respondents in making available the building owned by the TTD for establishment of new Collectorate, Tirupati District. A learned single Judge of this Court stayed the proceedings under which TTD building was transferred for establishment of new Collectorate. In W.A.No.373 of 2022, a Division Bench of this Court, in which one of us (Chief Justice) was a member, allowed the appeal preferred by the District Collector and vacated the interim order passed by the learned single Judge. Against the judgment allowing the appeal, writ petitioners approached the Hon'ble Supreme Court vide SLP (C) No.9413 of 2022, wherein, vide order dated 30.03.2022, the Hon'ble Supreme Court declined to interfere in the matter observing that "Court must bear in mind the element of public interest in balancing the equities, particularly, at this stage".
37. The present is also a case where the building owned by the University, RARS, Nandyal is made available temporarily for establishment of new Collectorate, Nandyal. The nature of public interest involved in the present case is similar to the one involved in the above-referred writ petition, writ appeal and S.L.P. Thus, drawing support from the earlier judgment passed by the Division Bench of this Court on similar issue, which was affirmed by the Hon'ble Supreme Court, we are of the considered view that public 33 HCJ & DVSS,J W.P. (PIL) Nos.290 of 2020, 216 of 2021 and 55 of 2022 interest demands allowing the new Collectorate at Nandyal to become functional from the building owned by the University, RARS, Nandyal. Therefore, the submission contrary to the same is not acceptable.
38. For all the aforesaid reasons, we find no substance in all the three writ petitions (public interest litigations), which deserve to be, and are hereby, dismissed. No order as to costs. Pending miscellaneous applications in all the writ petitions (public interest litigations), if any, shall stand closed.
Sd/- Sd/- PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J MRR