Land classified as agricultural cannot be converted into house sites if it is a natural water body, prioritizing environmental protection and agricultural integrity.

JUDGMENT :

R. Raghunandan Rao, J.

One Sri K. Thippeswamy had filed his declaration under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 declaring the extent of land held by him. The Land Reforms Tribunal, Dharmavaram, by it’s order dated 15.11.1976, in U.O.No.2188 of 1975 had held that the said K. Thippeswamy was a surplus holder to an extent of 2.7281 standard holding. Aggrieved by the said orders, he had filed L.R.A.No.933 of 1977, before the land Reforms Appellate Tribunal, Kurnool which came to be re-registered as L.R.A.No.63 of 1977. The appellant had raised various grounds, assailing the order of the Land Reforms Tribunal. One of the grounds raised was that an extent of Ac.40.00 cents of land in Sy.No.329 of Kalyandurg Village is unfit for cultivation due to kunta water stagnation in the said survey number and as such, the share of the appellant in the said land should be deleted from his holding. The Land Reforms Appellate Tribunal, in answer to this contention had found that the entire extent of land in Sy.No.329 consists of Ac.92.00 cents, out of which, about Ac.32.00 cents is submergible area. The Land Reforms Appellate Tribunal held that the appellant had failed to prove that no crop can be raised in this land at any time and that there is stagnation of water during the entire year. The Land Reforms Appellate Tribunal held that agricultural operations and ancillary operations can be conducted during the days when the water recedes. Apart from this, the Land Reforms Appellate Tribunal also held that the definition of the land, in the Act, includes waste lands and even lands claimed to be uncultivable land cannot be deleted from the holding of the appellant.

2. The Land Reforms Appellate Tribunal after considering all the other grounds had passed an order, on 15.07.1978. Aggrieved by this order, C.R.P.No.3562 and 3711 of 1977 came to be filed before the Hon’ble High Court of Andhra Pradesh and the same was dismissed on 18.04.1978. Thereafter, Sy.No.329 was subdivided into 329-1, 329-2 and 329-3. The original owner surrendered Ac. 19.42 cents in Sy.No.329-2 and same was assigned to landless poor persons apart from acquisition of Ac.1.50 cents for formation of Kalyandurg bypass road.

3. Subsequently, the owners had sold Ac. 14.00 cents to the 1St appellant herein, by way of a registered deed of sale, dated 09.08.2012, and another extent of Ac. 14.00 cents to the 2nd and 3rd appellants, by way of a registered deed of sale, dated 10.12.2012.

4. While matter stood thus, certain Public Interest Litigations had been filed for seeking directions to the State and its authorities to remove encroachments over various government lands, tank lands and road poramboke. One of these Public Interest Litigations W.P.(PIL).No.105 of 2022 was filed complaining of the inaction of the officials in protecting the water body in Sy.No.329 and in removing encroachments made in the said land. All these Public Interest Litigations including W.P.(PIL).No.105 of 2022 were disposed of, by way of a common order of a Division Bench of this Court, with directions to the authorities to take up necessary steps for removing unauthorized occupiers/encroachers over such lands and to protect water bodies from such encroachments. Pursuant to this direction, a show cause notice, dated 23.12.2022, was issued to the appellants herein, calling upon them to show cause why action should not be taken for removing certain structures said to have been constructed in the land of the appellants and to stop filling up of the water body, for the purposes of conve