IMPORTANT POINT
Community interest prevails over individual concerns in public projects, and unsubstantiated objections do not merit judicial intervention.

ORDER :

1. Heard Sri V.V.L.N. Sarma, Ld. Counsel for the Writ Petitioners and Sri D.M. Vidya Sagar, Ld. Assistant Government Pleader for Panchayat Raj & Rural Development appearing for the Official Respondents.

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

“It is therefore necessary in the interests of justice that this Hon’ble Court is pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in seeking to construct OHSR Tank in the Public Toilet Premises near the Kerosene Bunk belonging to Sri Perla Papa in SC Colony, Kirlampudi Village and Mandal, East Godavari District without proceeding with such construction at the earlier earmarked site in the Ladies Toilets Premises, adjacent to Fresh water Tank bund, SC Colony, as illegal, arbitrary etc., and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

SUBMISSIONS OF LEARNED COUNSEL FOR THE WRIT PETITIONERS:

3. The facts in brief as averred in the Affidavit filed in support of the Writ Petition are that a sum of Rs.45,00,000/- was sanctioned under the National Rural Drinking Water Coverage Grant for the purpose of construction of two OHSR Tanks (Over Head Service Reservoir) in Kirlampudi Village and Mandal, East Godavari District. Basing on the said grant, the Village Panchayat passed Resolution No. 32, dated 11.09.2012 (Ex.P.4) for construction of two water tanks at two different places in the village; that one of the tank is to be constructed in Goutuvari Veedhi and other one adjacent to Fresh Water Tank Bund, SC Colony; that the second tank is near to ladies toilet premises; that the tank pertaining to Goutuvari Veedhi got completed; that the Contractor dug the bore-well at the second sanctioned site near the Fresh Water Tank Bund, SC Colony; on the premise that due to seepage and lack of proper access to the site the Contractor had stopped the work and requested for allotment of alternate site. That in view of these practical problems, the Gram Panchayat, vide Resolution No. 69 dated 02.03.2015, has allotted another site which is close to the Kerosene Bunk and public toilets (Ex.P.3). It is also stated that the families in the neighbourhood are objecting to the construction of water tank even at the new site due to the presence of a Community Hall, Kerosene Bunk and that the residents in the neighbourhood will be constantly exposed to the danger of spillage or collapse on account of loose soil due to the presence of the heavy water tank.

4. Sri V.V.L.N. Sarma, Ld. Counsel appearing for the Writ Petitioners has submitted that the Writ Petitioners have objected with regard to the new area where the over head tank is proposed to be constructed because there is a Community Hall and a Kerosene Bunk. It is also stated that the bore-well which is dug at the previous site (beside the fresh water tank bund) by spending Rs.2,00,000/- ought not to have been abandoned since the same would go waste. He had submitted the same apprehensions as stated in the Writ Petition that local residents fear about the safety of the over head tank etc.

SUBMISSION OF LEARNED ASSISTANT GOVERNMENT PLEADER FOR RESPONDENTS:

5. A Counter-Affidavit was filed by the Respondent No. 4 on 28.02.2017. The Deponent of the Counter-Affidavit is the Executive Engineer, R.W.S. & S. Division, Kakinada, East Godavari District. The averments in the Counter-Affidavit are to the effect that the first tank at Goutuvari Veedhi was completed long ago. Insofar as the second OHSR which was proposed near the ladies toilet premises adjacent to the Fresh Water Tank Bund, SC Colony, the work had commenced and a bore-well has been dug by the Contractor. However, during the execution of work, there was seepage from the tank bund of Fresh Water Tank of SC Colony. As there is no provision for fleshing-out the seepage water, the Contractor is unable to proceed with the execution of further work. I