Point of Law: Particular piece of land is earmarked for public or communal purpose, it shall not be alienated even after change of classification of the land.

ORDER :

These two Writ Petitions are filed under Article 226 of the Constitution of India by two different concerns claiming identical reliefs. Therefore, I find that it is expedient to decide both the Writ Petitions by a common order:-

1. Writ Petition No.20185 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief:

“….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in taking steps for conversion of Yetteramma Gutta @ Yetteri Gutta @ Siddeswara Gutta hillock comprising Ac.131-45 cents in Sy.No.612 of Kuntrapakam Village, Tirupati Rural Mandal, Chittoor District for eventual assignment of house sites by removal of existing idols and temples and other religious places as illegal, arbitrary and consequently direct the respondents to preserve all the existing temples, idols and other features of the Yetteri Gutta and pass such other order.....”

2. Writ Petition No.7988 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief:

“….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in taking steps for conversion of Yetteramma Gutta @ Yetteri Gutta @ Siddeswara Gutta hillock comprising Ac.119-45 cents in Sy.No.612 of Kuntrapakam Village, Tirupati Rural Mandal, Chittoor District for eventual assignment of house sites and to cause the disappearance of the grazing lands and hillock itself in view of the programme of “Navaratnalu-Pedalandariki Illu” announced by 1st respondent as illegal, arbitrary and consequently direct the respondents to protect all the existing features of the Yetteri Gutta without subjecting it to any alteration/ change of nature of the hillock and pass such other order.....”

3. Since the contentions in both the writ petitions are one and the same, to avoid repetition of facts, W.P.No.20185 of 2020 is taken as a leading case.

4. The petitioner in W.P.No.20185 of 2020 is a person having background to protect environment and filed this petition only to protect and to conserve the mountains as her right to life is affected on account of proposed action of the respondents.

5. The petitioner born and brought up at Kuntrapakam Village and after marriage also she is living at Kuntrapakam Village as her husband also belongs to same village. She possessed Master Degree in Telugu, English and also in Education, worked as Lecturer in Philosophy and Environmental Education for 16 years and served as Incharge Principal. She did many environmental protection activities along with SV University NSS, Sri Padmavathi Mahila University NSS, Oriental College and elected unanimously as President of Water users Association of Yeguva Cheruvu Dhiguva Cheruvu, Kuntrapakam. During her period as President, she took a project with the help of locals to harvest rain water and increase ground water levels. She planted thousands of plants with SV and Padmavathi Mahila Universities NSS volunteers and invited many great people to their village to get suggestions for environmental protection. She being a Chairman of Yeguva Chervuvu and Diguva Cheruvu Water Users Association submitted that land measuring Ac.131-45 cents in Sy.No.612 at Kuntrapakam Village, Tirupati Rural is classified as Gayalu (Gutta) Poramboke and it is locally called as Yetteri Gutta (Yetteramma Gutta). The land is situated about 2 Kms from Kuntrapakam and Kupuchandrapet Villages and 8 Kms from Tirupati. It is a hillock with abundance of trees, plantations and plays a vital role in sustaining the flora and fauna. The Eguva Cheruvu meaning upper tank, spread in an extent of Ac.119-34 cents situated in S.No.599 and Diguva Cheruvu meaning lower tank, spread in an extent of Ac.165-23 cents situated in Sy.No.575/1 of Kuntrapakam Village. While Eguva Cheruvu has an ayacut of Ac.112-70 cents, Diguva Cheruvu is having an ayacut of Ac.117-74 cents and both th