Petitioners challenged the Grama Panachayat building's construction over a water tank identifying illegal action. The court held that since the land was donated in good faith for village benefit and the building is completed with public funds, no further orders are required.
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 2818 of 2020
ORDER:
This writ petition is filed to declare the action of the respondents in constructing the Grama Sachivalayam building in the land classified as tank situated in Sy.No.148 of V. Santhapalem Village, K. Kotapadu Mandal, Visakhapatnam District, as illegal and arbitrary.
Heard learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 3, learned standing counsel for the 5th respondentGrampanchayat, and learned counsel for unofficial respondent Nos.6 to 9.
According to the petitioners, there is a water tank popularly known as “Nagarayudu Tank” situated in an extent of Acs.51.16 cents in Sy.No.148 of V. Santhapalem Village, K. Kotapadu Mandal, Visakhapatnam District. The farmers of the village used to draw water from the tank through a canal for cultivation. While so, a proposal has been taken up by the official respondents for construction of a Grama Sachivalayam in Sy.No.77/1 which is adjacent to the above mentioned tank. Though the official respondents are stating that the land meant for construction of Grama Sachivalayam is in Sy.No.77/1, but maximum extent of the land is in Sy.No.148 which is adjacent to the canal from which the water flows from the subject tank to the agricultural lands of the villagers. In this
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regard, the petitioners and the villagers submitted a representation dated 06.01.2020 to the official respondents, but no action is taken by them so far. Hence the writ petition.
Learned counsel for the petitioners submits that as per Rule 21 of the A.P.Grama Panchayat Land Development (Layout and Building) Rules, 2002, no constructions can be made on water bodies or tank beds. Owing to the said Rule, the 5th respondent cannot undertake any constructions in and around the water bodies and the Rule has to be followed by the Grampanchayat as well. However, the 5th respondent is proceeding with the construction of the Grama Sachivalayam in the subject tank.
The 5th respondent-Grampanchayat filed a counter affidavit denying the averments made in the writ affidavit and stating that in the year 2011, the 5th respondent intended to construct Grama Panchayat office, but no suitable land was available in the village. Hence, the unofficial respondents voluntarily came forward to donate their own land to an extent of Ac.0.06 cents in Sy.No.77/1 and accordingly executed a registered gift deed in favour of the 5th respondent on 29.12.2011. In view of establishment of village secretariat in the village, the 2nd respondent sanctioned Grama Sachivalayam to the village. Pursuant thereto, after following the procedure, the 5th respondent started construction of Grama Sachivalayam in the land donated by the unofficial respondents. The land in which the building is being constructed is situated exclusively in Sy.No.77/1. To that effect, the Tahsildar had also issued a report
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dated 01.07.2019. In the Gramasabha conducted on 31.10.2019, the villagers expressed their willingness for construction of the building of Sachivalam at the donated land. Therefore, the writ petition is liable to be dismissed.
On an application in I.A.No.2 of 2020 filed by the petitioners, this Court by an order dated 09.09.2020 directed the 2nd respondent to instruct the Tahsildar to conduct survey with the assistance of the revenue records and to submit a report as to whether the location of the building is in Sy.No.77/1 or in Sy.No.148. Pursuant to the said order, the Tahsildar conducted survey and submitted a report, to which the petitioners filed objections that the survey was conducted without following the procedure as contemplated under the provisions of the Survey and Boundaries Act, 1923. After considering the objections of the petitioners, by an order dated 27.11.2020 this Court again directed the 5th respondent to conduct survey in the presence of the petitioners after serving notice to them and submit a report. Accordingly, survey was conducted and a report was submitted on 21.06.2022. As per the said report, the building was constructed in the major part of land in Sy.No.77/1 and also in an extent of 37 square yards of land in Sy.No.148.
Learned standing counsel for the 5th respondent-Grampanchayat submits that initially, the construction of Grama Sachivalayam has proceeded with a bona fide impression that the entire land meant for construction of Grama Sachivalayam is in Sy.No.77/1 as it was donated by the unofficial respondents and there was no intention on
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the part of the 5th respondent to make the construction on the subject tank bund land. He also submits that since the tank is situated in a large extent of Acs.51.16 cents and out of that, 37 square yards of land is very meagre, the Grama Sachivalayam, which was already constructed at the cost of public money, cannot be removed.
Learned counsel for the unofficial respondents submits that at the request of villagers, the unofficial respondents gifted their land of an extent of Ac.0.06 cents out of Ac.0.14 cents in Sy.No.77/1 of V.Santhapalem village in the year 2011 by way of a registered gift deed No.2290/21 dated 21.12.2021 in favour of the 5th respondentGrampanchayat for construction of Grama Panchayat office in their village. Merely because the Grama Sachivalayam was constructed in a meagre extent of 37 square yards of land in Sy.No.148, the purpose of donation of the land by the unofficial respondents for the benefit of their village cannot be defeated.
Having considered the submissions made by the learned counsels for all the parties, though a small extent of 37 square yards of land in the subject tank out of Acs.51.16 cents in Sy.No.148 of V.Santhapalem Village is overlapped during the course of construction of Grama Sachivalayam against the settled principle of law that no constructions can be made on water bodies or tank beds, this Court is of the considered opinion that no further orders are required in the writ petition, in view of the facts and circumstances of the case that V. Santhapalem Grampanchayat has no permanent building for conducting its activities and the unofficial respondents
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had donated their land with a bona fide intention of construction of Grama Sachivalayam for the benefit of their village and the construction has already been completed with the public money.
With the above observation, the Writ Petition is disposed of. No
order as to costs.
Consequently, miscellaneous applications, if any, pending shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
21st July, 2022 cbs
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No. 2818 of 2020
21st July, 2022
cbs
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2 issues framed by the court
Whether a writ petition challenging the construction of a Grama Sachivalayam overlapping a minor water tank bundle can be disposed of without further orders in view of bona fide donation and completio
Whether the non-removal of an existing public building constructed on a minimal extent of tank land defeats the donors' intention.
Petitioners/Villagers
Assistant Government Pleader for Panchayat Raj
2nd Respondent
5th Respondent-Grampanchayat
Unofficial Respondents Nos.6 to 9
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
