The main legal point established in the judgment is the duty of the State to hold and manage communal properties, such as water bodies, for the benefit of the community. The judgment also emphasizes the principles of sustainable development, public trust, and intergenerational equity in protecting natural resources.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“… to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the high handed and illegal acts of the respondents to divide the Water Tank/Cattle Pond (Kotha Cheruvu/Chinna Cheruvu) near Veerabhadra Temple situated in the centre of the village Gramakantam covered by Survey No.53-1 of Suryaraopalem Village, Undrajavaram Mandal, West Godavari District into house site plots for assignment as illegal, arbitrary, ultra virus, unjust against the procedure laid down in the Board standing orders and against the principles of natural justice and to consequently, direct the respondents to maintain and preserved the Water tank/Cattle Pond (KOTHA CHERUVU/CHINNA CHERUVU) intact, in the interest of justice and to pass such other and further order or orders …”.

2. The averments, in the writ affidavit, in brief, are that petitioner is permanent resident of Suryaraopalem, village. Petitioner has been living by doing business and by rearing pigs in and around Water Tank/Cattle Pond (Kotha Cheruvu/Chinna Cheruvu). Tank is situated in survey No.53-1 of Suryaraopalem village and it is classified as gramakantam. Petitioner was served with notice, dated 14.01.2021 under Section 7 of the Andhra Pradesh Land Encroachment Act. Petitioner came to know that official respondents are trying to convert the tank as house sites by leveling the same. Petitioner along with others made representation, dated 19.04.2021. With the above allegations, the above writ petition is filed.

3. Respondent Nos.7 to 23, beneficiaries, who are assigned house sites filed implead petition vide I.A.No.1 of 2022 and the same was allowed by order dated 24.01.2023.

4. Respondent No.4/Tahsildar filed counter affidavit on behalf of respondent Nos.1 to 3 and 6. It was contended, inter alia, that an extent of Ac.16-97 cents of Suryaraopalem village is classified as ‘gramakantham’. The entire land is covered by houses, roads and drains, etc., except Ac.0-48 cents, which is vacant land and vested with Gramapanchayat. Said vacant land is situated in the midst of the village and surrounded by residential houses, rain water, drain water and sewage water used to collect in it and formed like a small pond. It is not a tank and even in FMB there are no traces or signs of water body. Wherever any tank, drain or pond would exist, the same will be depicted in FMB with water symbol. If any part of the gramakantam is at low level, Gram Panchayat can fill it in the interest of public health and filling of any low lying area cannot be termed as filling up of a tank or pond. Gram Panchayat, Surayraopalem passed resolution No.15 dated 20.11.2019 for development of housing colony in R.S.No.53-1 under NREGS scheme with an amount of Rs.6,64,330/-. Gram Panchayat, Surayraopalem passed resolution No.39, dated 02.12.2020 for formation of gravel road in the housing colony layout in R.S.No.53-1 with an estimated amount of Rs.1,00,000/-. Resolution No.40 was passed by Gram Panchayat, Surayraopalem, on 04.01.2021 for providing water pipeline.

5. During the year, 2019, Government has instructed to issue house sites to homeless poor families on saturation basis under NPI and instructed that all unobjectionable and vacant government lands shall be allotted for the purpose, before going for land acquisition. On verification, it is noticed that land of Ac.0-48 cents in survey No.53-1 is vacant except a small hut of the writ petitioner and huts of others which were being used for non residential purpose. Identified beneficiaries requested to allot above site for house sites. Writ petitioner was issued notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘APLE Act’), on 14.01.2020. Writ petitioner vacated the land. The subject land of Ac.0-48 cents has been handed over to the PD, DWMA, who has developed the land into layout by