Land used as a water source cannot be converted into housing plots without following due procedure and obtaining necessary permissions, especially when there is a dispute regarding the extent of land used as a water source.

ORDER :

C. Praveen Kumar, J.

1. The present Writ Petition came to be filed seeking issuance of Mandamus to declare the action of the Respondents in converting the pump house together with tree plantation, in an extent of Ac. 7.06 cents, situated in Survey No. 147, Chodavram Village and Mandalam, for distribution of house-sites under the guise of 'Navaratnalu-Pedalandriki Illu', as illegal, improper and incorrect.

2. The facts in issue, in brief, as under:

i. The Deponent and other Petitioners are residents of Chodavaram Village and claim to be persons, holding responsible positions in Chodavaram Village.

ii. It is stated that the land admeasuring Ac. 7.06 cents in Survey No. 147 is a Zeroyithi land and a pump-house was constructed to cater the drinking water needs of the villagers since eight decades.

iii. It is stated that the land originally belongs to private persons, who donated the same for catering to the drinking water need of the villagers, by construction of a pump-house. It is said that, in order to increase the ground water level and to protect the said land, trees were planted in the entire extent of land, due to which, there were substantial increase in ground water level. The averment in the affidavit further show that, about 4 or 5 overhead water tanks were constructed in the village and the water from the subject pump house is being pumped into the overhead tanks to cater the drinking water needs of the residents of Chodavaram villagers.

iv. While things stood thus, under the programme 'Navaratnalu-Pedalandriki Illu', the Government proposed to distribute the land surrounding the subject pump-house to landless poor persons. It is said that, pursuant thereto, the Respondents Officials have cut-down the trees without the permission of the Authority, thereby violating the provisions of the WALTA Act. It is further stated that, no notification is issued under Section 80 (3) of A.P. Panchayat Act, for taking over of the administration and control of the pump-house property, which is vested in Chodavaram Gram Panchayat. The action of the authorities in trying to take over the property by cutting trees is not only violative of the law laid down by the Apex Court in various judicial pronouncements, but, also in violation of the provisions of the WALTA and A.P. Panchayat Act. Hence, the present Writ Petition came to be filed.

3. A counter came to be filed by the 4th Respondent, denying the averments made in the affidavit, except to the extent admitted by them. According to them, out of total extent of Ac. 7.06 cents in Survey No. 147, an extent of Ac. 1.56 Cents has been left to Chodavaram Gram Panchayat, for utilization of pump-house purpose. It is said that, the balance vacant land of Ac. 5.50 Cents is now sought to be used for implementation of the house programme. It is also averred that the layout has been prepared for allotment of 220 plots to the eligible beneficiaries under the said programme. For the said purpose, the work relating to clearance of trees/bushes has been taken up through Housing Department and internal roads were also laid. The Counsel took us through the Settlement Fair Adangal of Chodavaram Village and Mandal to show that the land is classified as 'Poramboke' i.e., Government land and, as such, has every right to take over the land. It is stated that, the trees have been removed with a view to develop greenery through plantation of road side avenues and common vacant lands under MGNREGS vide proceedings, dated 20.07.2020. In other words, the main argument of the learned Government Pleader is to the effect that, due procedure has been followed while removing the trees and this being a Government land, they have every right to take over the same without disturbing the water tanks and water source, which is to an extent of Ac. 1.56 Cents. He placed on record a copy of the Settlement Fair Adangal in support of his plea.

4. The 6th Respondent, namely, the Panchayat Secretary of Chodavaram Gram Panchayat, fi