The central legal point established in the judgment is the duty of the state to preserve natural resources, the application of public trust doctrine, intergenerational equity, and sustainable development in environmental matters.

ORDER

Gannamaneni Ramakrishna Prasad, J. - Heard Sri Dasari S.V.V.S.V. Prasad, Ld. Counsel for the Writ Petitioners; Sri D.M.Vidya Sagar, Ld. Assistant Government Pleader for Panchayat Raj and Ms. Rose, Ld. Counsel appearing on behalf of the Ld. Standing Counsel for Gram Panchayat.

2. The prayer made in the present Writ Petition is as under:

'to issue a Writ, or Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to close the 'Murugu kodu' by filling with earth situated on Eastern side of petitioners Agriculture properties situated in Pedagaruvu Area, of Palakol Rural Gram Panchayath, which is used for letout the Surplus/Waste water from the petitioners agriculture fields which was connected to the Kaza Major drain, at Palakol Rural Gram Panchayath area West Godavari District, Andhra Pradesh, is violation of Article 14, 19 and 21 and 300 A of the Constitution of India and against the Andhrapradesh Irrigation Utilization and command area development Act 1984, and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of Justice.'

3. The averments made in the Affidavit filed in support of the Writ Petition would indicate that the Writ Petitioners' properties are situated in R.S.No.286/1 of an extent of Ac.2-24 cents each (total extent is Ac.04-48 cents) in Pedagaruvu H/o Palakol Rural Gram Panchayath; that the Writ Petitioners have been cultivating the lands by raising various crops; that after verification by the Revenue Authorities, the Pattadar Pass Books and Title Deeds were issued by the Revenue Officials in respect of these agricultural lands; that the Writ Petitioners have regularly paid the land revenue and other taxes imposed by the Government from time to time; that towards the eastern side boundary, the presence of Murugu Kodu (Drainage Channel) is mentioned; that the boundary of the land belonging to the Writ Petitioners is also described in the schedule of the Title Deed registered in the year 1984 held by the Writ Petitioners; that factually Murugu Kodu (Drainage Channel) exists on the eastern side boundary of the Writ Petitioners land (as per the photographs in Ex.P.4); and, that Murugu Kodu (Drainage Channel) is a drainage canal used in the agricultural fields for the purpose of draining out excess water from the fields.

4. It is averred in the Writ Petition that on the eastern side of the Writ Petitioners' agricultural land, this drainage canal (Murugu Kodu) exists, running (flowing) from south to north and connected to Palakol-Kaza Major Drain; that the Writ Petitioners used to draw fresh water for irrigating their fields from the eastern side of the irrigation canal and used to let out the surplus water and waste water into the drainage canal situated on the eastern side of the fields.

5. It is further submitted that the drainage canal, popularly referred to as Murugu Kodu, has been in existence since times immemorial; and that, apart from the lands belonging to the Writ Petitioners, the Murugu Kodu (Drainage Channel) would cater to several agricultural fields in the vicinity, almost to an extent of 200 Acres; and that, due to the long existence of Murugu Kodu (Drainage Channel), it does not have any documentary record, whether it is a natural formation or a man-made one; and that, if it is a man-made one, when it was made.

6. The Ld. Counsel for the Writ Petitioners would submit that except the Murugu Kodu (Drainage Channel) for draining out the excess water from the agricultural fields, the Writ Petitioners do not have any other alternate way in the vicinity other than Murugu Kodu (Drainage Channel). The width of the Murugu Kodu (Drainage Channel) is more than 30 feet and depth is about 10 feet and that during the rainy season, this Murugu Kodu (Drainage Channel) serves as a great protection for saving the agricultural crops from water logging.

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