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2024 Supreme(AP) 1081
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
B. KRISHNA MOHAN, J.
B. Venugopal Rao – Appellant
Versus
State Of Andhra Pradesh and Others – Respoondent
Writ Petition No.16411 of 2020, Writ Petition No. 7736/2020, Writ Petition No: 16410/2020, Writ Petition No: 17541/2020
Decided on : 04-04-2024
Important Points
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.
Subject
Administrative Law - Public Interest Litigation
Act Referred
CIVIL PROCEDURE CODE : S.11
CONSTITUTION OF INDIA : Art.14, Art.19, Art.19(1)(e), Art.21, Art.226, Art.38, Art.46, Art.48(a), Art.51(a)
Headnote
(A) G.O.Ms.No.510, Revenue (Lands-I) Department, dated 30.12.2019 - Authorizes District Collectors to resume unutilized Government lands for public purposes, specifically for house sites under the 'Navaratnalu-Pedalandariki Illu' scheme. (Paras 1, 2, 3, 4, 5)
(B) Right to shelter - The State has a constitutional duty to provide housing for the poor, ensuring that the implementation of welfare schemes is not hindered by vested interests. (Paras 6, 7, 8)
Facts of the case:
The petitioners challenged the orders of the District Collector to utilize lands acquired for the Srisailam Right Bank Canal for housing purposes, arguing that such use would endanger lives due to potential flooding. (Paras 1-4)
Findings of Court:
The court upheld the Collector's orders, emphasizing the need for housing and the adequacy of safety measures in place, including buffer zones. (Paras 8-9)
Issues: Whether the lands can be repurposed for housing despite being acquired for canal-related purposes and the implications for public safety. (Paras 5-7)
Ratio Decidendi: The court ruled that the State's obligation to provide housing supersedes the concerns raised about flooding, provided adequate safety measures are maintained. (Paras 6-8)
Result: Writ petitions dismissed, orders upheld.
Advocate Appeared:
For the Appellant : K RATHANGA PANI RREDDY
For the Respondent:ADDL ADVOCATE GENEERAL (AP)
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:
a) For Srisailam Right Bank Canal;
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 the ground of violation of conditions or non-utilization of the alienated lands in terms of G.O.Ms.No.57, Revenue (Assn. I) Department, dated 16.02.2015 and they are further authorised to utilise the lands acquired by various Government departments/ Organizations for any public purpose but not put into use for the same purpose. These lands shall be utilized for providing House sites to eligible beneficiaries under the flagship programme of "Navaratnalu Pedalandariki Illu”.
The District Collectors shall furnish details of such lands utilized for house sites purpose to the Government. The District Collectors are further instructed not to propose any lands belonging to Endowments, Educational Institutions, Wakf or any other religious related lands, environmentally sensitive and fragile areas such as tank beds, river beds, other water bodies and hillocks with afforestation etc., for house site purpose.
By virtue of G.O.Ms.No.510 dated 30.12.2019, the District Collector, Kurnool has issued the impugned orders in Rc.E1/494/2020, Rc.E1/495/2020, Rc.E1/496/2020 dated 04.03.2020 to utilize the lands acquired by various departments for any public purpose but not put into use for the same purpose for issuance of house sites under the programme “Navaratnalu – Pedalandariki Illu”. The Revenue Divisional Officer, Nandyal reported that the lands belonging to the Water Resource Department – SRBC were not utilized for the purpose for which they were acquired and the same was kept unutilized for 32 years. As the said lands are fit for house sites, the Collector directed the Tahsildar, Banaganapalli Mandal to takeover the possession of the lands in the below mentioned survey numbers for provision of house sites to the eligible beneficiaries under “Navaratnalu– Pedalandariki Illu”.
Banaganapalle Village Lands (Total to an extent of Ac. 46.00 cents)[ Rc.E1/494/2020]
| S.No. | Sy.No. | Extent |
| 1. | 55/5B1 | Ac.10.50 cents |
| 2. | 61/2A2 | Ac.2.80 cents |
| 3. | 62/1B1 | Ac.3.00 cents |
| 4. | 67/1 | Ac.2.00 cents |
| 5. | 68/1 | Ac.1.68 cents |
| 6. | 69/1A | Ac.6.11 cents |
| 7. | 70/1A | Ac.7.33 cents |
| 8. | 72/1 | Ac.1.48 cents |
| 9. | 133/1 | Ac.3.00 cents |
| 10. | 132/2B | Ac.3.40 cents |
| 11. | 134/1 | Ac.3.00 cents |
| 12. | 146/1B1 | Ac.1.70 cents |
Bathulurupadu Village Lands (Total to an extent of Ac. 5.53 cents)[Rc.E1/495/2020]
| S.No. | Sy.No. | Extent |
| 1. | 2/1B1 | Ac.2.48 cents |
| 2. | 2/1B3 | Ac3.05 cents |
Bhanumukkala Village Lands (Total to an extent of Ac. 65.11 cents)[ Rc.E1/496/2020]
| S.No. | Sy.No. | Extent |
| 1. | 311/2C/1A | Ac.9.14 cents |
| 2. | 311/2C2 | Ac.1.58 |
