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2020 DIGILAW 533 (AP)

Narthu Eswara Rao v. State Of Andhra Pradesh

2020-08-18

U.DURGA PRASAD RAO

body2020
JUDGMENT U. Durga Prasad Rao, J. - The petitioners implore for a writ of mandamus declaring the action of respondents in commencing construction of Village Secretariat building of Landari Puttuga Gram Panchayat of Kaviti Mandal, Srikakulam District at Kotha Puttuga village, which is a hamlet of main village i.e., Landari Puttuga Village, as illegal, arbitrary, without authority and violative of concerned rules and regulations and for a consequential direction to the respondents to construct the Village Secretariat building in the main village i.e., Landari Puttuga Village. 2. The petitioners are the residents of Landari Puttuga Village, Kaviti Mandal, Srikakulam District and their case succinctly is thus: (a) Landari Puttuga Village is the main village and the headquarters of Gram Panchayat and it consists of 1200 residents. Landari Puttuga Gram Panchayat consists of five hamlets viz., (i) Kondi Puttuga having 850 residents (ii) Intenaka Puttuga having 200 residents (3) Savasana Puttuga having 400 residents (4) Ponduru Puttuga having about 300 residents and (5) Kotha Puttuga having about 600 residents. The total population of the Gram Panchayat is about 3500. Landari Puttuga Village is centrally located among all the hamlet villages. Kondi Puttuga is about 400 metres; Intenaka Puttuga is about 600 metres, Savasana Puttuga is at a distance of about 1 Kilometre; Ponduru Puttuga is at a distance of 1 Km and Kotha Puttuga is about 11/2 km respectively from Landari Puttuga Gram Panchayat. (b) There is an old building for Gram Panchayat at Landari Puttuga Village which has been catering to the needs of the residents of Gram Panchayat. While so, the State Government took decision for construction of buildings for Village Secretariats under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) with 100% share. 3rd respondent, who is the District Collector-cumCoordinator for MGNREGS issued proceedings in Rc.No.541/2019/EGS/D dated 23.10.2019 for construction of new building for Village Secretariat of Landari Puttuga Gram Panchayat with an estimated cost of Rs.35.00 lakhs. (c) The further case of the petitioners is that as per the conditions laid down for implementation of the above proceedings, the works identified have to be resolved in the Grama Sabha as per Rule 2.2.1 of operational manual under EGS, 2005. As the elected body is not in existence, the Landari Puttuga Gram Panchayat is placed under the administration of the Special Officer who has to hold Grama Sabha and get its approval. As the elected body is not in existence, the Landari Puttuga Gram Panchayat is placed under the administration of the Special Officer who has to hold Grama Sabha and get its approval. But, no such Grama Sabha was convened by 5th respondent. In these circumstances, 8th respondent who is a politician and resident of Kotha Puttuga, a hamlet of Landari Puttuga Village, used his influence as ruling political party leader and took decisions relating to the Landari Puttuga Panchayat without any authority. As per the orders of 3rd respondent, though the Village Secretariat building has to be constructed at Landari Puttuga Village where sufficient government site is available, however, at the instance of 8th respondent, the other respondents are making attempts to construct the building at Kotha Puttuga in a private site. In fact, on 03.02.2020, 8th respondent laid foundation stone for construction of Village Secretariat building at Kotha Puttuga along with his henchmen without any authority. The site in which construction is proposed to be made belongs to one Narthu Jaggarao. He has not gifted or sold his site to the Government by any legal document. Therefore, construction of the Village Secretariat at Kotha Puttuga is against the sanction order issued by 3rd respondent. Moreover, Kotha Puttuga is a corner village and the proposed site is not identified by the Government. As such the construction is illegal and the proposed construction will cause much inconvenience to 3/4th of the residents of Gram Panchayat as it is far away from the majority of the residents of Gram Panchayat. 8th respondent has no right to dictate terms to other respondents. The petitioners and some other residents of Landari Puttuga Village gave representation to the official respondents on 07.02.2020 requesting them to construct Village Secretariat at Landari Puttuga Village. On their representation the reports were called for. The CEO of Zilla Parishad also addressed a letter dated 11.02.2020 to 6 th respondent calling for justification report, however, no action has been taken by any of the officials to stop illegal construction owing to the pressure exerted by 8th respondent. The respondents are proceeding with construction of Village Secretariat building illegally in a private site by spending Government money at the behest of 8th respondent. Hence, the writ petition. 3. The respondents are proceeding with construction of Village Secretariat building illegally in a private site by spending Government money at the behest of 8th respondent. Hence, the writ petition. 3. Learned Government Pleader for Panchayatraj & Rural Development for the respondents 1, 2 & 4, learned Government Pleader for Revenue for the respondents 3 & 6, Sri I.Koti Reddy, Standing Counsel for the respondents 5 & 7, and Sri O.Manoher Reddy, counsel for 8th respondent took notices. 4. Respondents 5 & 7 filed counter opposing the writ petition inter alia contending thus: 5. The Government have sanctioned Village Secretariat buildings to the Landari Puttuga Village Gram Panchayat with an estimate of Rs.40.00 lakhs since the existing Gram Panchayat building is only in an extent of Ac.0.03 cents which is not sufficient. No Government site is available in the village. Hence, while searching for the suitable site for the construction of Village Secretariat buildings, one Narthu Deenayya and his two sons agreed to donate suitable site and they executed a Gift Deed in favour of Gram Panchayat where under they have given the site to an extent of Ac.0.10 cents in Survey No.303/3P for construction of Village Secretariat building. The said place is abutting to the R&B road and bus stand of Landari Puttuga Village. Considering all these, the Gram Panchayat passed resolution dated 04.02.2020 and accepted the Gift Deed and then proposed to construct the Secretariat building in the said site. Landari Puttuga Gram Panchayat consists of six villages. Out of which Kotha Puttuga and Ponduru Puttuga are situated on eastern side and the other three villages i.e., Kondi Puttuga, Savasana Puttuga and Intenuka Puttuga are situated on the western side of the Landari Puttuga Village. The villagers of all the villages accepted the proposal for construction of Village Secretariat building in the writ petition mentioned site which is in fact situated in Landari Puttuga Village premises. Besides the said site, bus stand and road are located. The contention of the petitioners that the new building is being constructed in Kotha puttuga village is false and baseless. Pursuant to the resolution dated 04.02.2020 of Gram Panchayat, the work has been commenced and the same is at the stage of pillars. The building which is now under construction is more convenient to all the villagers since it is abutting to R&B road. Pursuant to the resolution dated 04.02.2020 of Gram Panchayat, the work has been commenced and the same is at the stage of pillars. The building which is now under construction is more convenient to all the villagers since it is abutting to R&B road. Moreover, in the proposed building there will be a godown for storing the fertilizers and other agro-related products. As such there requires free access to the lorries and other goods vehicles. There is no procedural irregularity in the construction of building. Moreover the village is growing around the bus shelter since it is abutting to the R&B road. Hence, the writ petition may be dismissed. 6. Heard Sri Kolla Venkateswarlu, learned counsel for petitioners, and learned Government Pleader for Panchayatraj & Rural Development representing the respondents 1, 2 & 4, learned Government Pleader for Revenue representing the respondents 3 & 6, Sri I.Koti Reddy, Standing Counsel for the respondents 5 & 7, and Sri O.Manoher Reddy, counsel for 8th respondent took notices. 7. The main plank of the argument of the learned counsel for petitioners is that the Collector issued proceedings to construct the Village Secretariat building in the headquarters of Landari Puttuga Gram Panchayat i.e., in Landari Puttuga Village, as the said village is the central point for its constituent hamlet villages on one hand and it is the headquarters of Gram Panchayat. It is argued that at the behest of 8th respondent, who is the politician belongs to ruling party, the location of construction is shifted from Landari Puttuga Village to Kotha Puttuga village. 8. The respondents denied the above allegations and their contention is that the Village Secretariat building is being constructed in a site of Ac.0.10 cents donated by Narthu Deenayya and his sons and the said site is abutting to the R&B road and also bus stand which is convenient to one and all. It is also contended that the proposed site in fact falls within the limits of Landari Puttuga village. Additionally it is argued that in the proposed building a provision is created for storing of the fertilisers and other agro related products for which road facility is required for the ingress and egress of the vehicles. Along with counter a rough sketch of the topography of the site where the building is under construction was filed. 9. Additionally it is argued that in the proposed building a provision is created for storing of the fertilisers and other agro related products for which road facility is required for the ingress and egress of the vehicles. Along with counter a rough sketch of the topography of the site where the building is under construction was filed. 9. Be that it may, the establishment of Village Secretarial system at Gram Panchayat level is newly conceptualized by the present State Government. The need for such establishment of Village Secretariats, their aims, objectives, functions, the required work force to achieve the goals sought for were all catalogued and notified to G.O.Ms.No.110 Panchayat Raj & Rural Development (MDL-1) Department dated 19.07.2019 by the Government. This Government order speaks about the broad reasons for establishment of the Village Secretariats. They are as under: i. Restructuring the delivery systems to function as an effective mechanism to deliver services. ii. A strong & workable channel for implementation of NAVARATHNALU. iii. Transparency and accountability in delivery of government services to the citizens. iv. Ensure convergence among departments providing services at village level. 10. This G.O. also reads about the norms and guidelines for establishment of Village Secretariats. Clauses 10 & 11 are germane in that regard. Clause 10 deals with the structure and composition of Village Secretariats. It says that the office of Gram Panchayat will be termed as "Village Secretariat" and each Village Secretariat will be provided with a Panchayat Secretary who functions as Secretary/Convener of the Village Secretariat. Apart from the Panchayat Secretary, the functional assistants are also provided to the Village Secretariat and they shall be responsible to aid and assist the Gram Panchayats in performing its functions, while preserving the autonomy of Gram Panchayats. Subject to the administrative convenience, the functional assistants working under a Village Secretariat may cater to the needs of two or more contiguous Village Secretariats. Whereas clause 11 deals with the area of operation of functional assistants. It propones that a population unit of about 2000 persons will be taken as a base for providing services by one team of functional assistants. The G.O. is not conspicuous about the location of Village Secretariat and thus it appears the same is a subject matter of executive order. It propones that a population unit of about 2000 persons will be taken as a base for providing services by one team of functional assistants. The G.O. is not conspicuous about the location of Village Secretariat and thus it appears the same is a subject matter of executive order. When construction of Village Secretariat is purely a policy decision of the Government and an administrative act, generally this Court will not interfere with such policy decision unless it violates or infringes the provisions of Constitution or any other statute. In BALCO Employees Union v. Union of India, (2002) AIR SC 350 Hon'ble Apex Court observed thus: "46. It is evident from the above that it is neither within the domain of the Courts nor the scope of the judicial review to embark upon an enquiry as to whether a particular public policy is wise or whether better public policy can be evolved. Nor are our Courts inclined to strike down a policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical." 11. In the above context when the case on hand is perused, the rough sketch and photos filed by the respondents would show that the new Secretariat building is being constructed abutting the R&B road on one side and the road leading to Landari Puttuga Village on the other side. The respondents gave the distance between the hamlet villages and newly constructed Secretariat building which indicates that new Secretariat building is at a distance of 200 metres from Landari Puttuga, 240 metres from Kotha Puttuga, 220 metres from Kondi Puttuga, 800 metres from Savasana Puttuga; 850 metres from Intenaka Puttuga and 520 metres from Ponduru Puttuga. The authenticity of the rough sketch is not questioned by filing the reply affidavit of the petitioners. Hence, the same can be accepted to be true. According to the respondents, Ac.0.10 cents of site was gifted by Narthu Deenayya and his sons for construction of Village Secretariat building and this fact is also not in dispute. It is also stated that in the proposed building space is earmarked for storage of the fertilisers and other agro-related products. Hence, the same can be accepted to be true. According to the respondents, Ac.0.10 cents of site was gifted by Narthu Deenayya and his sons for construction of Village Secretariat building and this fact is also not in dispute. It is also stated that in the proposed building space is earmarked for storage of the fertilisers and other agro-related products. As rightly submitted by Sri I.Koti Reddy, Standing Counsel for the respondents 5 & 7, in such an event free access to the heavy vehicles into the Village Secretariat building will be essential. Since the new building is being constructed adjacent to the R&B road, the vehicles can enter the Secretariat building premises easily. So, viewing in any angle, the policy decision of the respondents cannot be questioned. Hence, I find no merits in the case of the petitioners. Accordingly, this writ petition is dismissed. No costs. As a sequel, interlocutory applications, if any pending, shall stand closed.