IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

WRIT PETITION No.1065 OF 2020

% Dated 04.02.2020

#

Kuchipudi Ramamohana Rao

Occ: Cultivation

R/o. D.No.2-30, Mokhasa Narasannaplem

Nuzvid Mandal, Krishna District and four others

….. Petitioners

Vs.

$

The State of Andhra Pradesh,

Rep. by its Principal Secretary,

Revenue Department

Secretariat,Velagapudi and 4 others ..Respondents

JUDGMENT PRONOUNCED ON: 04.02.2020

THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

1. Whether Reporters of Local newspapers

may be allowed to see the Judgments?

2. Whether the copies of judgment may be marked

to Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see

the fair copy of the Judgment?

MSM,J

2

* THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

+ WRIT PETITION No.1065 OF 2020

% Dated 04.02.2020

#

Kuchipudi Ramamohana Rao

Occ: Cultivation

R/o. D.No.2-30, Mokhasa Narasannaplem

Nuzvid Mandal, Krishna District and four others

….. Petitioners

Vs.

$

The State of Andhra Pradesh,

Rep. by its Principal Secretary,

Revenue Department

Secretariat,Velagapudi and 4 others ..Respondents

! Counsel for the petitioner : Sri Kambhampati Ramesh Babu

^ Counsel for the respondent :

Learned Government Pleader for Revenue

<GIST:

> HEAD NOTE:

? Cases referred

1. 2010 (4) ALD 374

2. 2012 (5) ALT 631

3. 2007 (2) ALT 550

4. 1997 (2) ALT 486

5. AIR 2006 SC 1350

MSM,J

3

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No. 1065 2020

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India, to issue Writ of Mandamus, declaring the action of the

respondents in proposing to assign as house site plots, the land

situated in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid

Mandal, Krishna District, which is classified as ‘Donka’, by changing

the classification/nature of the said land from ‘Donka’ to government

assessed waste as illegal, arbitrary and violative of principles of

natural justice and contrary to Andhra Pradesh Revenue Board

Standing Orders (for short ‘B.S.O’) and consequently direct the

respondents not to change the classification/nature of the land in

R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid Mandal,

Krishna District and not to allot the said land as house sites to the

landless poor persons.

The petitioners possess various extents of lands in different

survey numbers in Mokhasa Narasannapalem Village, Nuzvid Mandal

and the details are tabulated as follows.

S.No Petitioner

No.

Petitioner name Extent of land

possessed

Survey number

1 1

st

petitioner

Kuchipudi Ramamohana

Rao

Ac.1-10 cents R.S.No.84-1A1

2 2

nd

petitioner

Chikati Satyavati Ac.0-58 cents

Ac.1-62 cents

Ac.0-25 cents

R.S.No.84-1A1

R.S.No.84-1A3

R.S.No.84-1B1

3 3

rd

petitioner

Oleti Baby Sarojini Ac.1-30 cents R.S.No.84-1A2

4 4

th

petitioner

Mudagani Subbalakshmi Ac.1-00 cents R.S.No.83-6

All the above lands are being enjoyed and cultivated by the

respective petitioners and their names were mutated in the revenue

MSM,J

4

records. All the above lands are adjacent to each other and towards

eastern side of the said land and natural stream along with road is

situated in R.S.No.85. The land in R.S.No.85 is classified as ‘Donka’

and the said land is being utilized for the purpose of road as well as

natural stream (drainage canal) i.e for free flow of flood water

including the over flown water from the tank situated in the same

survey number which is being called as ‘Adaihkunta’.

While the matter stood thus, with a view to allot the land in

R.S.No.85 as house sites to the landless poor, the government

proposed to issue D-Form patta, allotment of house sites in the State

and in such process, the government proposed to convert the road

and natural stream situated in R.S.No.85 is a Assessed Waste Land

(AWD). It is the specific contention of the petitioners that the land in

R.S.No.85 is being utilized as road for ingress and egress to the fields

and more than 1000 acres of agricultural land as well as to the

Madicherla Village from Mokhasa Narsannapalem Village. Apart from

the same, in some part of the said land, there is a tank called as

‘Adhaikunta’. During floods, the water will be stagnated in the said

tank and the excess water, as well as the flood water from their

lands, apart from other lands will flow through the natural stream

situated in the part of the land situated in R.S.No.85. The road

situated in the land is classified as ‘Donka’ i.e. in R.S.No.85 is the

only way for the petitioners to reach their agricultural fields.

Recently, the respondents conducted survey of the said lands and on

enquiry, they came to know that the respondents are proposing to

allot house site pattas by reducing the road width and natural stream

and by changing the nature of the land in records.

MSM,J

5

It is the specific contention of the petitioners that the

government has no right to change the nature of land from ‘Donka’ to

any other nature and further a natural stream is passing through

this land apart from tank and road. The F.M.B copies of the above

survey numbers clearly discloses about the classification of the land

in R.S.No.85 as ‘Donka’. The very purpose of the respondents

intending to change the classification of lands in the survey number

is to issue house site pattas. Therefore, in case the respondents are

allowed to assign the lands to landless poor by issuing D-Form

pattas, the petitioners would be deprived of their amenity of road and

letting out water from the tank and if, flow of water is obstructed, the

lands of these petitioners and others will be flooded with water

during rainy season.

Further, it is contended that there is a clear prohibition to

assign such land under B.S.O 15(2). According to it, the extent of

land preserved by the government like bunds, etc, can be re-

classified to certain extent. When a road runs through the land

applied for assignment, a width of at least one chain should be set

apart for the road and the remainder dealt with under the rules.

Similarly, when the bank of an irrigation work runs through or near

the land, the extent of land required to allow a margin of one chain

along the foot of the embankments should be set apart if the

irrigation work is an important one such as a main canal, a main

distributory or a main drainage, channel. one chain is equal to 100

links or equal to 66’ (sixty six feet), as such the B.S.O 15(2) imposes

a prohibition of assignment for a width of 66’ from the bank of

channel. But, without adhering to the said prohibition, the

MSM,J

6

respondents intended to assign the land to house sites by reducing

the width of the road as well as drainage canal, which is illegal.

It is contended that the natural stream and road i.e. drainage

canal and road in the said survey numbers is in existence since time

immemorial. The petitioners being the owners of agricultural lands

adjacent to the said road and canal in R.S.No.85 have right to claim

access to the said road and the rain water will flow into the said land.

As such, the action of the respondents in proposing to assign house

site plots in the land in R.S.No.85 of Mokhasa Narasannapalem

Village and proposing to change the classification of the land in

R.S.No.85 from classification of ‘Donka’ to government assessed

waste is illegal and arbitrary and requested this Court to declare the

same as illegal and arbitrary and issue a direction not to assign the

land in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid

Mandal, Krishna District.

The respondents did not file any counter, but placed on record

the written instructions dated 22.01.2020, contending that the land

in R.S.No.85 of Mokhasa Narasannapalem Village, measuring

Ac.9-56 cents is classified as “Donka” as per Revenue Records. The

width of the donka is up to 545 links or 350 feet. There is a existing

cement road in the donka and also encroachment nearly 30 numbers

with dwelling houses after leaving existing road and encroachments

with sufficient road margin with 150 feet and the remaining land is

proposed for house sites. It is submitted that there are no

drains/water streams in the said land. Hence, question of

disturbance to movement of vehicles does not arise and the petitioner

with an intention to enjoy the government field, filed the writ petition

to stop the process and requested to dismiss the writ petition.

MSM,J

7

During hearing, learned counsel for the petitioners Sri

Kambampati Ramesh Babu reiterated the contentions urged in the

writ petition, while drawing the attention of this Court to the adangal

copies, more particularly, to establish the classification of the land in

Sy.No.85 as tank, Donka possession and enjoyment of the land of

these petitioners, so also, the tank in part of survey number, road in

the middle of the land by producing the F.M.B. On the strength of

these documents, learned counsel for the petitioners contended that

the land in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid

Mandal, Krishna District cannot be converted into A.W.D to assign

the same to the landless poor persons, depriving the petitioners from

facility of passage and requested to issue a direction as prayed for.

Whereas, learned Assistant Government Pleader for

Assignments contended that, when the width of the donka is upto

545 links or 350 feet, even after leaving the road on either side i.e.

sufficient margin of 150 feet, the remaining land is proposed for the

house sites. Therefore, the petitioners being the agriculturists,

cannot be permitted to encroach the lands for their use when it is

classified as government land and requested to dismiss the writ

petition.

There is no dispute with regard to possession of the land by

these petitioners and the same is supported by Form-1B produced

along with the writ petition. Even the respondents also did not deny

either possessing land by these petitioners or classification of land as

“Donka” and existence of tank known as ‘Adaikunta’ as per the

revenue records. On the other hand, R.S.No.85 of Mokhasa

Narasannapalem Village, Nuzvid Mandal, Krishna District disclosed

that the land in R.S.No.85 in an extent of Ac.9-56 cents is classified

MSM,J

8

as government land, as shown in Column No.6 of Adangal and nature

of the land in Column No.8,12 & 13 is mentioned as “Donka”.

In addition to the admission as to the classification of the land,

the copy of F.M.B discloses that there is a tank in R.S.No.85, known

as ‘Adaikunta’ with a depth three feet, so also cement road in the

middle of the land from north to south. But, the width of the main

road is not disclosed in the petition or in the instructions placed on

record. However, the respondents in their written instructions stated

that there is sufficient road margin with 150 feet and the remaining

is proposed for house sites.

In any view of the matter, B.S.O 15(4) deals with the lands that

may be assigned and that may not be assigned and the same is

extracted hereunder for better appreciation of the case:

“BSO 15(4) Lands that may be assigned and that

may not be assigned: -

(i) All lands at the disposal of the Government except

those hereinafter prohibited may be assigned. The

assignment of lands shall generally be free of market

value except in the case of project affected lands in

which case market value shall be collected.

(ii) The assignment of the following classes of lands is

prohibited:

(a) Poramboke (tank beds, foreshore of tank

bed cattle stands, grazing lands and reserved

lands (reserved for depressed class members

or for any public purpose, such as schools,

playgrounds, hospitals, maternity centers,

reading rooms and extension of house-sites,

Panchayat purposes, town sites and lands in

the proximity thereof.

(b) Land which has been occupied for 18

months and adjoins a reserve forest or an

unreserved block of a square mile or more

until the Collector has consulted the District

Forest Officer and considered any objections,

he may have to its assignment;

(c) Lands containing topes or valuable trees;

(d) Lands within cantonment limits;

MSM,J

9

(e) Lands reserved under Section 26 of the

Forest Act;

(f) Lands within port limits;

(g) Lands near the sea coast within one furlong

of high water mark of the sea;

(h) Water course porambokes, namely,

margins of channels, streams etc.;

(i) Lands in the vicinity of aerodromes or

landing grounds (i.e.) within a belt of 200

yards;

(j) Lands containing minerals, quarries, etc.

(k) Padugais i.e. land within the flood bank of

rivers, lanka lands not held on ryotwari

tenure, river accretions and reformed lands for

which the owners have ceased to pay

assessment;

(l) Lands where "pati matti" is available and;

(m) Any other lands which are required or

likely to be required for any public or any

special purposes necessary for the provision of

amenities of the community or connected with

the development of the village.

Provided, however, that tank bed lands, foreshore

lands and lands under categories (g), (j), (k) and (m)

above, if not immediately required or if their

occupation be not objectionable at present, may be

leased with a condition for resumption, when required

for public purpose without payment of compensation

for improvements, if any effected.”

In view of B.S.O 15(4)(m), a ny other lands which are required

or likely to be required for any public or any special purposes

necessary for the provision of amenities of the community or

connected with the development of the village, provided, however,

that tank bed lands, foreshore lands and lands under categories (g),

(j), (k) and (m) above, if not immediately required or if their

occupation be not objectionable at present, may be leased with a

condition for resumption, when required for public purpose without

payment of compensation for improvements, if any effected. Thus,

from B.S.O 15(4)(m), land which is required for the provision of

MSM,J

10

amenities to the community cannot be assigned. Customary

easement, as provided under Section 18 of the Easements Act is an

amenity to the land owned and possessed by the farmers within the

vicinity, since the same is being used as road and to natural flow of

excess water in ‘Adaihkunta’.

From the road, an extent of one chain on either side has to be

left, one chain is equivalent to 66 feet and according to the

instructions, road margin is about 150 feet on either side. In such

case, the remaining part of the land in R.S.No.85 of Mokhasa

Narasannapalem Village, Nuzvid Mandal, Krishna District with

variation of margins cannot be assigned. A close look at the F.M.B

produced before this Court, the road margin is uneven and major of

the southern portion of the survey number is totally covered by

Adaikunta Tank. So, this tank beds cannot be assigned, in view of

B.S.O 15(4)(h, m). Even otherwise, necessary margins have to be left.

as per B.S.O 15(2) the extent of land preserved by the

government like bunds, etc, can be re-classified to certain extent.

When a road runs through the land applied for assignment, a width

of at least one chain should be set apart for the road and the

remainder can be dealt with as per the rules. Similarly, when the

bank of an irrigation work runs through or near the land, the extent

of land required to allow a margin of one chain along the foot of the

embankments should be set apart if the irrigation work is an

important one such as a main canal, a main distributory or a main

drainage, channel. In the case of subordinate or minor distributaries

or minor drains, a margin of 30 links will be sufficient. Detailed lists

of both the classes of work above referred to will be furnished by the

Public Works Department. But, if in any case the irrigation work

MSM,J

11

concerned is not found in either list, a margin of one chain should be

set apart or reference made to the Executive Engineer, in the case of

channels without embankments, however, it will suffice to set apart a

margin of 15 links. If stream runs through or near the land, a margin

of not less than 50 links on either bank should as a general rule be

reserved and registered as poramboke. Land set apart as above

should be shown in the accounts as road, tank, channel or stream or

poramboke, as the case may be. It is pertinent to note that, one

`chain is equal to 100 links or equal to 66’ (sixty six feet), as such the

B.S.O 15(2) imposes a prohibition of assignment for a width of 66’

from the bank of channel. If, the mandate under B.S.O 15(4) is

followed, the northern portion of R.S.No.85 of Mokhasa

Narasannapalem Village, Nuzvid Mandal, Krishna District cannot be

assigned.

Coming to the other part of the land, the margins are uneven

and at some parts, the margin is minimum and at other part, the

margin is more. If, one chain on either side is required to be left, as

per B.S.O 15(2), the question of assigning the land to the landless

poor at different parts of the survey number is impossible. On the

extreme southern side, there is absolutely no site available for

assignment, because it is too narrow on the extreme southern side of

the land in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid

Mandal, Krishna District. Therefore, proposing to assign the land

without leaving the margins as per B.S.O 15(2) is an illegality.

According to Section 53 of The A.P. Panchayat Raj Act, 1994

(for short ‘Panchayat Raj Act’), all public roads in any village, other

than National Highways, State Highways and roads vesting in Zilla

Parishad or Mandal Parishad shall vest in the gram panchayat

MSM,J

12

together with all pavements, stones and other materials thereof, all

works, materials and other things provided therefore, all sewers,

drains, drainage works, tunnels and culverts, whether made at the

cost of the gram panchayat fund or otherwise, in along side or under

such roads, and all works, materials and things appertaining thereto.

Therefore, drainage poramboke, sewer, canal poramboke and road

poramboke are deemed to have been vested on the gram panchayat

and the gram panchayat will have control over those properties, since

the public roads are public properties and they are constructed for

the public purpose.

Thus, as per Section 53 of the Panchayat Raj Act, all public

roads in any village, other than National Highways and State

Highways vest in gram panchayat for the purpose of maintenance. If

any immovable property for the purpose of maintenance or for

achieving any of the public purpose is required, Gram Panchayat has

to – through appropriate Revenue Authority, acquire the land

following the procedure under the Land Acquisition Act, 1894. (vide

G. Venkata Reddy v. E.O, G.P. Kollapur Village and Mandal and

Post

1). Thus, it is clear from the law declared by the Court that,

when the property is deemed to have been vested, it is for the

purpose of maintenance and even if the panchayat wants to take over

the property, except by due process of acquiring the property, i.e. by

acquiring the property through revenue department, they cannot take

the property by claiming ownership.

Similarly, according to Section 55 of the Panchayat Raj,

communal property is also deemed to have been vested in the

panchayat and the income derived there from can be utilized by the

1

2010 (4) ALD 374

MSM,J

13

gram panchayat for the benefit of the villagers in common or the

holders in common of village land generally or of lands of a particular

description or of lands under a particular source of irrigation, shall

vest in the gram panchayat and be administered by it for the benefit

of the villagers or holders.

Section 56 of the Panchayat Raj Act obligates the gram

panchayat to maintain irrigation works, execution of kudimaramat

etc. Section 57 of Panchayat Raj Act deals with vesting of the

management of ferries in gram panchayat and according to it,

Notwithstanding anything in the Andhra Pradesh (Andhra Area)

Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra

Pradesh (Telangana Area) Ferries Act, 1314 Fasli (Act 2 of 1314 F),

the management of a public ferry in the Andhra Area, and of a

Government ferry in the Telangana area other than a ferry mentioned

in sub-section (2) shall vest –

(a) in the case of a ferry connecting any public road under the

management of a gram panchayat and lying wholly within the

jurisdiction of that Gram Panchayat, in such Gram Panchayat and in

the case of a ferry connecting any public road under the

management of a Gram Panchayat and lying within the jurisdiction

of more than one Gram Panchayat, in a joint committee of the Gram

Panchayats concerned;

(b) in case of a ferry connecting any public road under the

management of a Mandal Parishad and lying wholly within the

jurisdiction of that Mandal Parishad, in such Mandal Parishad and

in the case of ferry connecting any public road under the

management of a Mandal Parishad and lying within the jurisdiction

of more than one Mandal Parishad, in a joint committee of the

Mandal Parishads concerned;

(c) in the case of a ferry connecting any public road under the

management of a Gram Panchayat or a Mandal Parishad and lying

partly within the jurisdiction of a municipality, in a joint committee

MSM,J

14

of the Gram Panchayat or a Mandal Parishad as the case may be,

and the Municipality concerned.

(2) The Government may, subject to such conditions as may be

agreed upon transfer the management of any such ferry connecting a

National Highway or a State Highway and lying wholly within the

jurisdiction of a Gram Panchayat or a Mandal Parishad to such Gram

Panchayat or Mandal Parishad and in case the said ferry is lying

within the jurisdiction of more than one Gram Panchayat or Mandal

Parishad, to the Zilla Parishad concerned.

(3) The constitution and powers of the procedure to be adopted by

any joint committee referred to in sub-section (1) and the method of

resolving any difference of opinion arising between the local

authorities concerned in connection with the works of such

committee shall be in accordance with such rules as may be

prescribed.

(4) The income realised by a Zilla Parishad, Mandal Parishad or a

Gram Panchayat from any ferry under its management under sub-

section (1) or sub-section (2) shall form part of its funds. The income

realized by joint committee referred to in sub-section (1) or by a Zilla

Parishad under subsection (2) from a ferry under its management

shall be apportioned in equal shares between the local authorities

concerned and the amount so apportioned shall form part of the

funds of such local authorities.

Section 58 of the Panchayat Raj Act is a special provision to

divest the tanks, roads, etc, specified in Sections 53, 54, 55 & 57,

including the porambokes namely, grazing grounds, thrashing floors,

burning and burial grounds, cattle stands, cart tracks and topes,

MSM,J

15

which are at the disposal of the Government and are not required by

them for any specific purpose shall vest in the Gram Panchayat

subject to such restrictions and control as may be prescribed.

Sub-section (2) of Section 58 says that, the Government may, at any

time by notification in the Andhra Pradesh Gazette, direct that any

porambokes referred to in sub-section (1) shall cease to vest in the

Gram Panchayat if it is required by them for any specific purpose and

thereupon such porambokes shall vest in the Government. Therefore,

a gazette notification is necessary to divest the property on the

government that vested on the gram panchayat. In the absence of

any notification issued by the Government divesting Gram

Panchayats of any poramboke lands, there cannot be any use of

panchayat land by following B.S.O 15(2), the same cannot be

assigned to the landless poor for house sites or otherwise. Thus,

unless there is a notification by the Government divesting gram

panchayat and vesting on Government any property referred above,

there cannot be any use of panchayat land for any other purpose.

(vide Rythu Seva Sangam, Yenamadurru v. Bhimavaram

Municipality

2 and Banne Gandhi and others v. District

Collector

3).

A similar issue like distribution of gramakantam land which is

community land to the landless poor came up for consideration in

Sarpanch Palakda Gram Panchayat v. District Collector

4, where

the High Court of Andhra Pradesh held that distribution or

assignment of gramakantham which is community land to anyone by

Government without issuing any notification, divesting such land

from Panchayat is illegal.

2

2012 (5) ALT 631

3

2007 (2) ALT 550

4

1997 (2) ALT 486

MSM,J

16

By applying these principles to the present facts of the case,

the proposed assignment without divesting the land on the

Government that vested on the gram panchayat by virtue of the

provisions referred above is a serious illegality. Therefore, the

proposed assignment of land in R.S.No.85 of Mokhasa

Narasannapalem Village, Nuzvid Mandal, Krishna District for house

sites to the Weaker Sections that vested on the gram panchayat

without de-notifying by issuing gazette notification, as mandated

under Section 58(2) of the Panchayat Raj Act is a serious illegality,

which vitiates the entire procedure. In the present facts of the case,

no procedure prescribed under Section 58(2) of Panchayat Raj Act is

followed. On this ground alone, the action of the action of

respondents in taking steps to assign the lands in R.S.No.85 of

Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District ,

for house sites to the Weaker Sections, is liable to be set-aside.

When the government wanted to introduce certain policy for

the benefit of the poor of the State, the State is bound to follow

G.O.Ms.No.510 Revenue (Lands-1) Department dated 30.12.2019 and

the Andhra Pradesh Revenue Board Standing Orders.

While implementing such schemes, the State has to keep in

mind the good governance, the word governance is defined as “the

exercise of political, economic and administrative authority in the

management of a country ‟s affairs at all levels. Governance

comprises the mechanisms, processes and institutions through

which citizens and groups articulate their interests, exercise their

political rights, meet their obligations and mediate their differences.

Therefore, participation in administration by both men and women is

the key cornerstone of good governance. Participation may be direct

MSM,J

17

or indirect. Good Governance requires fair legal frameworks that are

enforced impartially. It also requires protection of human rights,

independent and imperial police force, and bureaucracy. It means

that information is freely available and directly accessible to those

who will be affected by such decisions and their enforcement,

maintaining utmost transparency. Responsiveness is also part of

Good Governance and while implementing such schemes, there must

be a good response to the queries of the public at large and maintain

equality, inclusiveness and efficiency while fixing accountability to

the concerned officials who are directly or indirectly connected with

the process of implementation of such schemes. But, in the present

facts of the case, though the State is conscious about the G.Os

issued by it and B.S.Os, in utmost haste, started assigning the land

to various persons though such assignment is impermissible under

law. Therefore, the actions of the state do not satisfy the requirement

of good governance.

Good Governance as a democratic exigency, in order to rid

corruption, provides rights, the means, and the capacity to

participate in the decisions that affect their lives and to hold their

governments accountable for what they do, since the basic features

or elements of good governance, it is participatory, consensus

oriented, accountable, transparent, responsive, effective and efficient,

equitable and inclusive and follows the rule of law. It assures that

corruption is minimized, the views of minorities are taken into

account and that the voices of the most vulnerable in society are

heard in decision-making. It is also responsible to the present and

fixture needs of the society.

MSM,J

18

Coming to the facts of the present case, with reference to good

governance, the State in haphazard manner framed certain

guidelines for providing house sites to landless poor within a time

frame, without prior identification of the land, proposed to be

assigned. But, in utmost hurry, the officials at different levels

identifying the land somehow to satisfy the higher-ups in the

administration, irrespective of feasibility and permissibility to assign

those lands, totally ignored the orders issued by the Government,

more particularly, G.O.Ms.No.510 Revenue (Lands-1) Department

dated 30.12.2019 and the Andhra Pradesh Revenue Board Standing

Orders, including the provisions of Panchayat Raj Act. Such haste

acts leads to deprivation of rights of the citizen. In fact, in

G.O.Ms.No.510 Revenue (Lands-1) Department dated 30.12.2019

itself, the Government authorized the District Collectors not to

propose any lands belongs to Endowments, Educational Institutions,

Wakf or any other religious related lands, environmentally sensitive

and fragile areas such as, tank beds, river beds, other water bodies

and hillocks with afforestation etc., for house site purposes.

In view of B.S.O 15(4)(h,m), water bodies, a ny other lands

which are required or likely to be required for any public or any

special purposes necessary for the provision of amenities of the

community or connected with the development of the village,

provided, however, that tank bed lands, foreshore lands and lands

under categories (g), (j), (k) and (m) above, if not immediately required

or if their occupation be not objectionable at present, may be leased

with a condition for resumption, when required for public purpose

without payment of compensation for improvements, if any effected.

Thus, from B.S.O 15(4)(m), land which is required for the provision of

MSM,J

19

amenities to the community cannot be assigned. Therefore, the

amenities provided to the farmers and citizens of the State cannot be

taken away by assigning the lands to the landless poor in the

schemes of the State in the name of providing house sites to the

landless poor, since conferring right to one sect of people, depriving

the others is not good governance.

Even according to the proviso to B.S.O 15(4) thereto, if such

land is covered by Clauses (g), (j), (k) and (m), if not immediately

required or if their occupation be not objectionable at present, may

be leased with a condition for resumption, when required for any

public purpose without payment of compensation for improvements,

if any affected. Therefore, such land preserved cannot be assigned,

except ek sal lease. But, the same cannot be converted by exercising

power under B.S.O 15(2). In those circumstances, the proposal to

assign the land in R.S.No.85 of Mokhasa Narasannapalem Village,

Nuzvid Mandal, Krishna District, is a grave illegality.

Hence, the proposal of the respondents to assign the land

mentioned in the written instructions, to the landless poor without

adhering to B.S.O 15 and the judgment of Apex Court Intellectual

Forum, Tirupati v. State of Andhra Pradesh

5 and the mandatory

procedure under A.P. Panchayat Raj Act is illegal.

In the result, writ petition is allowed, declaring the action of the

respondents in proposing to assign house site plots in the land

situated in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid

Mandal, Krishna District, without adhering to the guidelines issued

by the State in G.O.Ms.No.510 Revenue (Lands-1) Department dated

30.12.2019 and B.S.O 15(4) of the Andhra Pradesh Revenue Board

5

AIR 2006 SC 1350

MSM,J

20

Standing Orders and proviso thereto, so also, Sections 53 and 58 of

A.P. Panchayat Raj Act as illegal and arbitrary. Consequently, the

respondents are directed not to assign the lands without following

the mandatory procedure.

However, liberty is given to the State to take steps for

assignment, identifying the land in R.S.No.85 of Mokhasa

Narasannapalem Village, Nuzvid Mandal, Krishna District, strictly

adhering to G.O.Ms.No.510 Revenue (Lands-1) Department dated

30.12.2019 and B.S.O 15(4) of the Andhra Pradesh Revenue Board

Standing Orders and the judgment of the Supreme Court in

Intellectual Forum, Tirupati v. State of Andhra Pradesh (referred

supra) and Sections 53 and 58 of A.P. Panchayat Raj Act, in the

presence of the petitioners, after serving notice in writing, affixing the

date and time for such identification and proceed further, in

accordance with law.

Consequently, miscellaneous applications pending if any, shall

stand dismissed.

__________________________________________

JUSTICE M. SATYANARAYANA MURTHY

Date:04.02.2020

sp