K. Rajasekhar Reddy, S/o. K. Rajeshwar Reddy v. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department
2021-04-27
ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
body2021
DigiLaw.ai
ORDER : C. Praveen Kumar, J. 1. This present Writ Petition, in the form of Public Interest litigation, came to be filed challenging the action of the Respondents herein in filling the pond [water body] and levelling the same to lay house sites in an extent of Ac.1.40 Cents of land in Survey No. 333 of Nagapatla Village, Chandragiri Mandal, Chittoor District, which is classified and reserved as ‘Forest Buffer’ and ‘Bandi Daari”, as illegal, improper and incorrect and violative of guidelines issued under various G.Os from time-to-time. 2. The Petitioners Nos. 1 and 3 are working as Correspondent and Secretary, respectively, of Sri Vinayaka Vidya Mandir High School, Rangampeta, Chandragiri Mandal, while Petitioner Nos. 2 and 4 are residents of Rangampeta Village. The Respondents with a view to allot house sites under ‘Navaratnalu -Pedalandariki Illu’ scheme [for short ‘Scheme’], identified land admeasuring Ac.1.40 Cents in Survey No. 333 and is alleged to have carried out necessary civil works for development of a layout, which includes filling of soil, leveling and marking of plots. 3. It is averred that the said land is abutting the reserve forest, which is declared and notified as ‘National Park’ as per the provisions of Wildlife (Protection) Act, 1972. Hence, it is pleaded that any developmental activity undertaken would disturb the environment of wildlife and also the fragile nature of the forest. 4. The averments in the affidavit also show that a pond, which is sought to be filled up, is being used not only by the surrounding villages to quench the thirst of their livestock, but also the water in the said pond improves the ground water level. Having regard to the above, in the month of January 2020 the Respondents under MNREGA scheme have deepened the depth of the tank to improve the percolation levels. Though the works of improving the tank were undertaken in the month of January 2020, but in a hasty manner and on the illegal advice of some of the Respondents, the said land is now being converted into house sites. 5. Referring to Board Standing Orders 15.4 and Section 58(1) of the Andhra Pradesh Panchayat Raj Act, 1994, and G.O.Ms. No. 510 Revenue (Lands-1) Department, dated 30.12.2019, it is averred that the action taken by the authorities is illegal, improper and incorrect. 6.
5. Referring to Board Standing Orders 15.4 and Section 58(1) of the Andhra Pradesh Panchayat Raj Act, 1994, and G.O.Ms. No. 510 Revenue (Lands-1) Department, dated 30.12.2019, it is averred that the action taken by the authorities is illegal, improper and incorrect. 6. By an Order dated 30.07.2020, this Court ordered status quo in respect of land in question, to be maintained and the same shall not be classified for the purpose of allotment of house site pattas under ‘Navaratnalu – Pedalandariki Illu’ scheme, until the next date of listing. On 02.11.2020 the said interim order was extended until further orders. 7. Counter came to be filed by the Respondents disputing the averments made in the affidavit filed in support of the Petition. In the counter filed by the 2nd Respondent – District Collector, it is stated that the land in Survey No. 333 admeasuring Ac.1.40 cents was proposed for distribution of house sites under the Scheme for 46 beneficiaries of A.Rangampeta Village of Chandragiri Mandal, and the said land is classified as ‘Gayalu’ as per A-Register of Nagapatla Revenue Village. Thereafter, the classification of said land is changed from Gayalu to AWD vide proceedings dated 18.08.1936. It is said that the subject land is abutting NH 71, and there are residential hostels adjacent to the subject land. It is specifically stated that there is no pond or water streams as stated in the affidavit. It has been categorically averred that the said land is existing within the vicinity of Sri Vidyanikethan Educational Institutions at Rangampeta, and the allegation that the subject land is classified as ‘Revenue’, ‘Forest Buffer Zone’ and ‘Bandi Dari’, is incorrect. It is categorically stated that the land in question was classified as ‘Gayalu’, later converted as A.W.D. in the year 1936 and in the year 1955, the land was reserved against assignment, and, accordingly, included in the prohibited list under Section 22A of the Registration Act, 1908, as it is a Government land. As the subject land was covered with bushes, the same is cleared for the purpose of allotting the same as house sites to the homeless poor under the scheme. 8. It is further stated in the counter that the land is located outside the reserve forest and it is 1.75 kilometer away from the boundary of Sri Venkateswara Wildlife Sanctuary.
As the subject land was covered with bushes, the same is cleared for the purpose of allotting the same as house sites to the homeless poor under the scheme. 8. It is further stated in the counter that the land is located outside the reserve forest and it is 1.75 kilometer away from the boundary of Sri Venkateswara Wildlife Sanctuary. The same falls in default Eco-Sensitive Zone of Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park, and that there are no flora like, red sanders, sandal wood etc., in the land. 9. The averments in the counter also go to show that on a request made by the Divisional Forest Officer, Wildlife Management Division, Tirupathi, a joint survey was conducted with the forest officials to demarcate the boundaries of revenue and forest area of the subject land. A report dated 11.01.2021 was furnished by the Divisional Forest Official, Wildlife Management Division, Tirupathi, stating that the joint inspection was conducted along with Forest Range Officer, Chandragiri; Tahsildar, Chandragiri; Deputy Inspector of Survey, R.D.Os. Office, Tirupathi, and it was found that the reserve forest was demarcated by a trench, which was executed by the Forest Department in the year 2016, and that the subject land is located outside the reserve forest. The averments in the counter further show that residential hostels of Sri Vidyanikethan Educational Institutions are constructed adjacent to the subject land and it is not prone to frequent flooding as there is a trench between the proposed land and reserve forest. It is categorically stated that the subject land is not a low lying area and it is fit for house sites. 10. Ms. S. Pranathi, learned Counsel appearing for the Petitioners took us through the photographs, which are placed on record as Ex. P11 and Ex.P12, to show that the village tank which is adjacent to the forest area, is being filled up for the purpose of allotting the same as house sites to homeless poor people. 11. The satellite pictures, which are placed before this court does not espouse the correct picture of the ground situation. The latitude and longitude mentioned in these set of pictures, more particularly the elevation, vary. Apart from that, the said tank and the surroundings around the tank in both the pictures also appear to be different.
11. The satellite pictures, which are placed before this court does not espouse the correct picture of the ground situation. The latitude and longitude mentioned in these set of pictures, more particularly the elevation, vary. Apart from that, the said tank and the surroundings around the tank in both the pictures also appear to be different. Be that as it may, the revenue records placed before the court show that the land in Survey No. 333 admeasuring Ac.1.40 Cents, was described as ‘Gayalu’ in the records for the Revenue Settlement. Further, the letter written by the Divisional Forest Officer, Wildlife Management Division, Tirupathi to the District Collector, Chittoor, dated 11.01.2021, clearly shows that the subject land is located outside the reserve forest and it is 1.75 kilometer away from the boundary of Sri Venkateswara Wildlife Sanctuary and that it falls in default Eco-Sensitive Zone of Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park. It would be appropriate to extract the same, which is as under: “In obedience to the reference 4th cited and in continuation to the reference 5th cited, it is to submit that a joint inspection has been conducted with revenue officials on 21.12.2020 and the details are as follows: It is to submit that the land in Sy. No. 333 extent 1.40 cents of Nagapatla village, Chandragiri mandal proposed for house sites under NAVARATHANLU – PEDALANDARIKI ILLU programme has been jointly inspected by the Divisional Forest Officer, WLM Division, Tirupathi along with Chandragiri Tahsildar, Revenue Inspector, Mandal Surveyor on 21.12.2020. The land was surveyed based on the revenue village maps and the block notification of the Nagapatla Reserve Forest. During joint inspection of the site, it was observed that there were no flora like Red Sanders, Sandalwood etc. in the land. Observed bushy growth with species like Calotropis etc. The land was adjoin to the Reserve Forest. Observed boundary pillars of the Reserve Forest and recorded GPS coordinates of the boundary. The Reserve Forest was demarcated by a trench and the trench work was executed by the Forest Department in the year 2016. The land was surrounded by Reserve Forest on East side Tirupathi-Madanapalli road on the South side and buildings on the other sides.
Observed boundary pillars of the Reserve Forest and recorded GPS coordinates of the boundary. The Reserve Forest was demarcated by a trench and the trench work was executed by the Forest Department in the year 2016. The land was surrounded by Reserve Forest on East side Tirupathi-Madanapalli road on the South side and buildings on the other sides. Perambulated in the above said the area along with Forest Range Officer, Chamala Range for direct and indirect evidences of leopard and other wild animals but could not find any signs of leopard. It is learnt from the Forest Beat Officer, Nagapatla Beat that movement of spotted deers was observed in that area since it is adjoining to Reserve Forest. It is to submit that, the above land in S. No. 333 extent Acres 1.40 cents of Nagapatla Village, Chandragiri Mandal is adjoining to Nagapatla Reserve Forest, Compartment No. 54 of Nagapatla East Beat, Nagapatla Section of SVNP, Chamala Range of Wildlife Management Division, Tirupathi. The above land is located outside the Reserve Forest, Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park. It is 1.75 km away from the boundary of Sri Venkateswara Wildlife Sanctuary hence falls in default Eco-Sensitive Zone of Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park. Further, it is to submit that since the above said land falls in default Eco-Sensitive Zone of Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park, construction activities comes under Regulated activities as per the draft ESZ notification approved by Ministry of Environment, Forest and Climate Change, New Delhi, Government of India, Notification No. SO377(E) dt. 22.01.2019 dated 11.02.2019. Copy of the List of Activities like Prohibited, Regulated and Permitted is enclosed herewith for reference. This is submitted for favor of kind information.” 12. The operative portion of the Joint Inspection conducted by the Divisional Forest Officer, Wildlife Management Division, Tirupathi along with the Forest Range Officer, SVNP, Chamala; Chandragiri Tahsildar, Deputy Inspector of Survey, Tirupathi Division, Mandal Surveyor, Chandragiri, would reveal as under: “The above land in S. No. 333 extent Acres 1.40 cents of Nagapatla village, Chandragiri Mandal is adjoining to Nagapatla Reserve Forest, Compartment No. 54 of Nagapatla East beat, Nagapatla Section of SVNP, Chamala Range of Wildlife Management Division, Tirupathi. The above land is located outside the Reserve Forest Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park.
The above land is located outside the Reserve Forest Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park. It is 1.75 km away from the boundary of Sri Venkateswara Wildlife Sanctuary hence falls in default Eco-Sensitive Zone of Sri Venkateswara Wildlife Sanctuary and Sri Venkateswara National Park.” 13. From a perusal of the official records and the joint inspection conducted, it is very much evident that the land which is subject matter of dispute is a Government land and falls outside the limits of forest area. As stated earlier, the pictures relied upon by the learned counsel for the Petitioners do not conclusively establish that the subject land and the land in the pictures filed, is one and the same. 14. In view of the above, we see no ground to grant the relief as claimed by the Petitioners and, accordingly, the Writ Petition stands dismissed. No order as to costs. 15. All the pending miscellaneous applications, if any, are closed.