The construction of a Grama Sachivalayam building at a new location without conducting a Gramasabha and obtaining approval of the works under the MGNREG scheme is illegal.

ORDER:

This writ petition is filed to declare the action of the respondents in proposing to construct Grama Sachivalayam building at a remote location in Sy.Nos.363/23, 363/24, 363/31 and 363/34 of Turpupalem Village, Malikipuram Mandal, East Godavari District, as illegal and arbitrary.

2. Heard Sri P. Raj Kumar, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 5, and learned standing counsel for the 6th respondent.

3. In brief, the case of the petitioners is that the 6th respondent-Grampanchayat has been carved out from Kesanapalli Grampanchayat and declared as an independent Grampanchayat as Turpupalem Grampanchayat in the year 1972. At that juncture, one of the villager, namely, Smt. Adabala Ramakrishnamma donated land to an extent of Ac.0.15 cents in R.S.No.468/10 of Kesanapalli Revenue Village, now situated in Turpupalem Village and Grampanchayat, for construction of a Grampanchayat office building. The office building was constructed in the year 1974. Since then, the Grampanchayat office has been continuing in the said building. After construction of the Grampanchayat building, approximately 10 to 12 cents of open land is available to the southern side of the Grampanchayat building. It is the further case of the petitioners that under G.O.Ms.No.227 dated 13.04.1995 Rules were framed relating to the proceedings of the Grampanchayats, Board Meetings and Committees thereof. As per Rule 1 of the Rules, every Grampanchayat shall provide an office in such a place and subject to such conditions as may be specified in the Annexure appended to the Rules. Be that as it may, respondent No.1 outlined to strengthen village administration system by way of establishing village secretariat system for providing citizenry services at their doorsteps. For which, the 1st respondent issued G.O.Ms.No.110 dated 19.07.2019 whereunder Village Secretariat System was introduced. Pursuant to the same, it is proposed that there should be a Grama Sachivalayam for every Grampanchayat which is having population of more than 2000 and upto 4000. The 6th respondent-Grampanchayat is having population of 5000. As such, it will have a own village secretariat in its jurisdiction as per the stated policy.

i) Pursuant to G.O.Ms.No.110 dated 19.07.2019, the 2nd respondent accorded administrative sanction for construction of 81 Grama Sachivalayams in East Godavari District vide proceedings dated 13.05.2020 wherein Sl.No.2 relates to the construction of Grama Sachivalayam as well as Wellness Center in the 6th respondent-Grampanchayat. Thereafter, the 2nd respondent issued proceedings dated 22.08.2020 giving administrative sanction to the 6th respondent-Grampanchayat under Type-II i.e., vertical expansion of the building. While so, the Special Officer of the 6th respondent conducted an ordinary meeting on 02.10.2020 and passed a resolution to the effect that the building as proposed vide proceedings dated 13.05.2020 and 22.08.2020 cannot be proceeded with vertically on the existing building, since there is no way to reach the present Grampanchayat building and the owners of the fields may take objections in future for passing through their fields after construction of village secretariat and wellness center since traffic may increase abnormally. In the meanwhile, one Adabala Veera Brahmaji Rao and Smt. Chandravani came forward and donated an extent of Ac.0.08 cents in R.S.Nos.363/23R, 363/24R, 363/31R and 363/34R of Turpupalem village subject to naming of the building in their name. In pursuance of the resolution dated 02.10.2020, the 2nd respondent issued proceedings dated 05.12.2020 granting revised administrative sanction for construction of new Grama Sachivalayam (Type-I) at a new place said to have been donated by Adabala Veera Brahmaji Rao and Smt. Chandravani. The proposed change of place and construction of Grama Sachivalayam and other buildings is assailed in this writ petition.

4. Learned coun