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B. KRISHNA MOHAN
B. Venugopal Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
In the years 1992, 1993 and 2001, the SRBC [Srisailam Right Branch Canal] authorities have acquired the lands belonging to the private persons located in Banganapallee, Bhanumukkala, Bathulurupadu Villages of Banaganapalle Mandal, Kurnool District vide Award No.4/92-933 (Ac.79.71 Cents), Award No.6/91-92 (Ac.23.48 Cents), Award No.14/91-92 (Ac.29.73 Cents), Award No.18/92-93 (Ac.31.37 Cents), and Award No.34 (Ac. 49.30 Cents) for the following purposes:
b) For Approach and Trial Channel of Mutchatla Vagu aqueduct for package No.9 of SRBC;
c) For excavation of Additional Quarry for C.N.S. Soils to Block No. X of Srisailam Right Bank Canal.
On 30.12.2019, the Government issued the G.O.Ms.No.510, (Revenue)-lands Department authorizing the District Collectors of the respective Districts to resume the unutilized Government Lands on the grounds of violation of conditions or non utilization of the allotted land which was earlier alienated in favour of private individuals/private organizations/Government Organizations/Government Departments/Public Sector Undertakings/State Government Corporations/Urban Development Authorities & Urban Local Bodies on t
The State has a constitutional duty to provide housing for the poor, and the implementation of welfare schemes should not be obstructed by vested interests.
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 ....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
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 develop....
Particular piece of land is earmarked for public or communal purpose, it shall not be alienated even after change of classification of the land.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
De-silting the tank does not amount to changing the physical features of the water body known as “Koneru” situated at Sy.No.697 in Rayachoti town, YSR Kadapa District, to violate constitutional oblig....
The preservation of water bodies takes precedence over private interest in development, affirming that unauthorized constructions are subject to demolition, and proper planning permissions must be ad....
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