ANIL R. DAVE, CJ :-In these applications, it has been prayed that interim relief, which has been granted in WP MP No.13204 of 2006 in Writ Petition No. 10547 of 2006 on 30.5.2006, be vacated so as to enable the applicants and other Government Authorities to acquire lands, which are required for implementation of certain irrigation projects, which are stated hereunder:

S.No. Petition No. Project Name District Extent of

(1 ) WP MP No.27706

Land proposed to be

acquired

Acs. Cts.

-----.-.------------------------------------------------------------------------------------------------------------------------..----------

Thotapalli Barriage Project Srikakulam 31.08 of 2007 (2) WPMP No.27707 Pulichintala Project Guntur 964.29 of 2007 (3) WPMP No.31240 Gudimellalanka and East Godavari 37.98 of 2007 Pasarlapudi Village + 21.09 ( Comprehensive Protected Water Scheme) (4) WPMP No.34038 Kandaleru Reservoir Nellore 30.68 of 2007 Left Canal of T elugu Ganga Project.

(5) WPMP No.34093 Koilsagar Lift Mahabubnagar 15.92 of 2007 Irrigation Scheme (6) WPMP No.34319 Mahatma Gandhi Lift Mahabubnagar 49.23 of 2007 Irrigation Scheme (7) WPMP No.34320 Kanula Obula Reddy Prakasam 33.01'/2 of 2007 Gundlakamma Reservoir Project (8) WPMP No.35036 Boddealli Rajgopal Rao Srikakulam 105.60 of 2007 Vamshadara Project 51 2008(41 ALD July 1"

4 (9) WPMP No.36054 of 2007 (10) WPMP No.1329 of 2008 (11) WPMP No.1 330 of 2008 (12) WPMP No.24219 of 2007

A.P. HIGH COURT FULL REPORTS

Hundri Neeva Sujala Sravanti Scheme

Kurnool

Jawahar Nettempadu Mahabubnagar Lift Irrigation Scheme

Indira Sagar (Polavaram) Krishna Project, Right Main Canal, Unit III, Vijayawada

Kandukur Summer Prakasam Storage Tank for drinking water

2008(4) 249.78

1 4.40

14.06

156.80

2. The circumstances under which the afore-stated applications have been filed by the applicant Government Authorities in a nutshell are as under :

There are several temples in the State of Andhra Pradesh and lands have been gifted to the temples for their maintenance by several persons. Such temple lands are popularly known as "endowment lands".

The said lands are managed by the Endowments Department of the State of Andhra Pradesh.

3. Writ Petition No.l0547 of 2006, which is in the nature of public interest litigation, has been filed in this Court wherein it has been submitted that the lands owned by the temples are neither being properly looked-after nor being properly managed by the Endowments Department. It has been specifically averred in the writ petition that though many encroachments have been made on the temple lands, the State, instead of removing the encroachments, has regularized several encroachments.

Moreover, for one reason or the other, the State has started acquiring the lands belonging to the temples.

4. Income generated from the endowments lands is used for the purpose of maintenance of temples, payment of salary etc., to Archakas/temple priests and for the purpose of performing Nitya Dhoopa Deepa Naivedyam of the Diety/(s) of the temples. Due to regularization of the encroachments and because of acquisition of such endowment lands by the State, income arising from the lands has been substantially reduced, which is adversely affecting the regular rituals to the Diety/(s) and also to the maintenance of the temples.

The provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, 'the Endowments Act') provide that before any lease, sale, exchange or mortgage of an endowment land is effected, prior sanction of the Government must be taken.

It has been stated that such sanctions are being granted by the State for mere asking and that has also resulted into reduction of endowment lands which, in turn, has further reduced the income generated from such lands.

5. After hearing the concerned advocates and looking to the facts of the case, this Court passed an order dated 30.5.2006 whereby it has been directed that without permission of this Court, no end