Development and Welfare Ass vs District Collector, Visakhapatn

Counsel for the Petitioner: SRI SETTY RAVI TEJA Counsel for the Respondent Nos.1 TO 3: GP FOR FISHERIES Counsel for the Respondent Nos.4 TO 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI TSV. PRASAD NAIK, SC FOR FISHERMAN COOP. SOCIETY The Court made the following: ORDER THE HONOURABLE SMT JU TICE T.MADHAVI DEVI ORDER: W.P.NO. 612 oF 2025 In this $ rit petition, tlrc Pcti ioner is seeking a direction to rhe rcsponctcrtls No.3 :rnd 'I ttr consider its rcpresen[atlons dated 24.01 .2O2r, 03.O2.'2025 nd 15.02.2025 and to takc stcps to allou, thc members of th petitioner's society to hsh in Boda Borrda Rescrvorr tn proportt n to their lands i.e., Ac.32. 10 gts., ol Varclarajpur Village, Mark ok Mandal, Siddipet District, u hich n'crc submcrged for con truction of the Boda-Bonda Reservoir and to pass such othcr order or orders in the interest ,1i.ju st i<'c.

2. Briel facts lcading I the filing of the present *'rit petition zlrc that Lhe Boda-Bo a Reservoir is spread Ac.85.3O qts.. and is srtuatcd djacent to Vardarajpur and Dharmartrrn Villi.rges. It ts stetLe that Ac.32.10 gts., of land bclonging to thc membcrs ol Va arajpur Village and Ac.53.20 gts., belonging to Dharmaram illage of Jagdevpur Mandal, Sicldipct [)istricl, u,cre at:quirr:cl li r Lhe Boda-Bonda Reservoir. It is stzrtcd t hat [he GovcrnmcnI o Andhra Pradesh has acquired thc lzrnd s vidc Au.ard datcd O

06. 199O in the Proccr:dings No.A/26!).1/87 bi, Lht: I.zrncl Acquisition Officcr/Rcvenue \ \ 2 Divisional Oificer, Siddipet lt is stertcd that both Vardarajpur Village and l)harmaram Villagc u L're parr of Jagdi vpur Mandal before bifur<:ation and after tli[r-trtation Vardarajpr-rr Village is falling under the juriscliction ol- Mzlrkook Mandal o[ the same District i.e'' Siddipet District' Sitrt:t'thc lands of ti-rrl Vilrdarajpur Village are also part of thc llorla l})rlcllr Rcscrvotr' t1'rc p€rtitioner society, which was registered ill tllc vcar 2023' ts st:eking 5O7o of {ishing rigl-rts or Lo the extcllt ol' lands submcrgctl in the said reservoir. lt is stated that only tlle nlembers o[ thc Fishermen Cooperative Society of Dharamr:tn-r Village n'ere llcilrg allorved to do fishing in thc Boda-Botlclit ltt scrvoir' rT'hilc tht' [ishe rmen of Vardarajpur Village u'ere nol bcins a[[ou'ed to partir:ipate in the auction ancl are not allott'c<l lor l'lshing in the sairi rcst'rvoir' It is stated that lhe petitloner s()(li(ll\ ( ol)sists ol 80 tni'lntlt:rs and all are solely dcpendent upon [isl'ring [or eking ouL t]rcir livelihood' It is stated that the petitiorler s()( letY has madr: a I-r'pre sentation to the District Collector atrd tltc District Fishcrics Officer' Siddipet District on 24 O) 2O2:r' scekit'rg lishinc rrghts in the Boda-Bondzr Resclwoir' Sitlcc no action was taki:r'r thereon' the pe[itioner society has maclc t\\'o morc re pr(] s('ll I'zr Lions dated 03.O2.'.2o21, and 15.02.2()2:r. ( rtrnq variorts jtr(lqnlcnts of the High Courl r.c., W P No 8205 oi '1021 zrt'rd W.lJ No''1 3763 of 2022 3 and yet when no action was aken thereon, the petitioner society Illed the present rvrit petiti n

3. Learned counsel app aring for the petitioner sociely has drawn the attcntion of this urt to the Award of the Land Acquisition 0flicer datecl 0,1.0 i990, to demonstrate that Ac.32.1O gts., of larnd ol Varda aj pur Village has also been acquired for thc purpose ol Lhr: ts a Bonda Reservoir 4 Lt:arncd Governme t Pleader for Fisheries, appearing lor the respondent No , has hled a counter afhdavit conhrming that the Lotal area o the Borbanda Project is 85 Acrcs, in r,vhich 53 Acres ol land belong to Dharmaram Village and 32 Acrcs o[ land belongi g to Varadarjpur Village is subme rgecl. [t is submitterl that t c rules and guidelines of the Rehabilitation and Rcscttlcme nt ct G.O.Ms.No.74 I&CAD (LAR & R/A2) Department, datcd

14.08.2018, Circular Memo No.4376lCl/2018, datcd O'+

4.2O19 and G.O.Ms.No.43 Irrigation & CAD (LA. R&R/A2) epartment, dated 28.1O.2O19 are not applicable to this case sin e the Boda-Bonda Project was constructed belore 27.09.2013 a d hence it is not possible to consider the petitioner socicty's r ucst to issue hshing rights to Varadarajpur Villagcrs also. IL is furlher stated that there are \ \ 4 I six tanks existing in the arca of operation of the petitioner sociely with Lotal water spread arca to an cxtcnt ol E0.76 Acres, whereas the area of operation of Dharmaram Village consists oi three water bodies with total u'ater spre:rd area to tln extent of

139.05 Acres. IL is submitted that thc total lncml)ership of the respondent No-7 socie[' is only 38- It is sr-tbmitt'-rl that Boda Bonda Project is being leased out in favour ol tl-rc Fishermen Cooperative Society, Dharmaram Village, since it lalls in the area of operation of the societl'. 'l'hus. acc:ordirlg lo ru:spondcnt No.3, the opcrational area of both the soc:ietics is specihcally prescribed and they can avail fishing rights in the respective areas of operation and the byc-lau-s o[ the socteties nrred to he amended to extend or reducc Lhe arca ol opcration. The copies of the relevant G.Os., are enclosed $'ith the counter affidavit.

5. Lcarned counscl appearing lor thc responclenL No.7 has also filed a counter affidavit aclmitting t hat 5J Acres of land of Dharamram Vrllage and 32 Acres o[ Iand of Vardarajpuram Village are submerged in the Boda-Bonda Rcservoir. Flowever, it is stated that its total membcrship oi respolr.lent No.7 societf is 188 members and not 38 tncmbers as mct-ttiottecl by the respondent No.3 in his counter affidavit. It is tirrthcr submittcd that the petitioner society has already filccl W.P.\o.7186l2O2l 7/ 5 before this Court, '"vhtch ri'as disposed of directing the Commissioncr, Fisheries, to dispo c of the pending Arbitration Petition under Section (r L ol SCS Act for the proper adjudication and the salme \\'a decidcd by the Fishenes Commissioner vide orders date d ?,.O2.2023, holding that the petitioner therein is a resirlent ol Vardarajpuram Village, Markook Mandal, u'hich ri'zts n t includcd in the area of operation of the respondent No.7 ociety and therefore, it was not appropria[e to entortallt t]rt Ar irration Petition to admit the petitioner as members of thc I"CS, I)harmaram. It is submitted that the pe[itioncr u'as at libertl' submit a fresh application before the competcnt authority e eking membershrp in the rcspondent No.7 socictl' unct'r Lh provision of the TSCS Act, and that this writ pctition is tr,,l ttt intainerble as the principle of "Resjudicata" gets attracted to this case. It is further stated that the petitioner societ]' has not:rppr :rched this Court with clean hands and lhe entirc aflidaviL is f lse. It is submitted that the pe[itioner socicty is having thrce o her tanks to the total extent of B0 Acres and that it is sulfic ent for their livelihood and lurther tha[ thc mcmbers ol tl'tc: etitioncr society are not the land losers but thcv arc oLhcr me bers of Dharmaram Village It is further submittcd that Ci.C) s. No.74, dated 14.08.2018 6 and G.O.Ms.No.43, dated 28.10.20 19, clearl5' states that the same is applicable to l:he reservoirs and storage [anks constructed on or after )7 09 2Ol3 and sincc []oda-Bonda Reservoir was constructed in the year 199O, th(r same is not applicable. lt is furlher submilLed that thcr l:r rrd losers of Ac.32. 10 gts., have alreadl' been paid compcnsatioL-t as per the Compensation Act of 2013 long back and therclore ther arc nol entitled to the benehts of G.O.Ms No.74 and C].O.\Is No 43-

6. Lcarned counsel for the petitioner socicll' has also hlecl a reply affidavit reiterating thc submissions rnadc in the u,rit affidavit stating that lhe issue in W P. No.7 1 t3tr/ 2tt21 is different from the issue before this Court lr is st-tbrnitLed that in the said writ petition, the membcrs of the pctitiotrcr socictv had sought enrollment of the members of thc peLitiotrer society u'ho are the residents of Vardarajpur Village as mt:rnbcrs of the respondent No.7 socie[y and this Court had disposccl o[ thc u'rit petition directing the Commissioner ol Ftsherics to dispose of the Arbitration Petition and lhe Arbitration PetitioLi rl'as dccided by holding that the dispule is betu'cctt thi: r-esrdcnts of Vardarajpuram Village of Markook Mandal, s'hit:h u'as I-'tot included in the area of opcration of the responderll No.7 society and therefore, the petitioner society docs LloL harrl rnembership 7 as on date, It is in vieq' thercof t at thc pctitioner society has rcgistered a separate soclctv on 1 4 .O8.2O23 and is seeking ftshing rights ovcr the extcnt .rl':tr ;,* lx longing to Varadarajpur Village, which lr,a s submcrged rn t rc []oda-Bonda Reservoir and Lhereforc, according to hrm, it is ot the case o[ "Resjudicata". Further he placed reliance upr.rr-t hc jrrdgmcnt oI the Divrsion Bench of this Court in thc ca e o[ A.P.State Fishermen Development and Welfare Ass iation, Vizag District Vs. District Collector, Visakhapatn m, Visakhapatnam District and Othersl, lor the propositi,,rr hat Doctrirrc of public trust is paa of Constitutional Law of soue eigtt control ouer the properta of the peop le and that tlte titk' o tlte State held in Lhe uater bodies is held in tntst for the peop of the State and it bound to put them to anA use to subserue p blic itterest either by denging the community ights or dilLLLirgl lrurnan rights or infinging fundamental nghts guaranteed to e c-.itizens, would be agoinst such trust 7 . I [aving reg:,trd to th rir'.r I cont.entions and thc material on record, this Cor-rrt lirr s tllat thc prayer in the writ petition u.as only Lo dispose of thc rcpresenLations of the pctitioner society dated 24

1.2025, 03.O2.2025 and I 20 lo (2) ,\LD 3oo (l)ts) 8 1r.O2.2025 lrrr allou'ing tlte petiLioner societ\ itlso lo h:ivc fishing rights to thcm in Borla Boncla Reservoir. The ltndtsprtlcd lacts are tha( lhe lands ol Dharmaram Village lls wr:Il :ls Vardar:ij pur Village were acquircd by thc Govcrnmt'trt irt lllc yezrr 1990 and the reservoir rvas also constructed bcfrrre 2013. Thc land losers rvhose lands have been acquired u'ere also ltaici compensalion in accordanc,-' rvith lhe Land Acqr-risitiott Act irrtd thc dispute rt'ith regard to the :Idequacl, ol tlrc , ()llrl)ensirli(,ll has also been decided by ttre Drvision Bench in the lir st ztppcal filcct by them. The pctitioner herein is a socie ty forntc<l s-rth tltc Fishermen of Vardarajpur Villagc. On thc ground thzrt thc lzrrrrls belonging to Lhe Vardarajpr:r Village also has br:ctt acquircd ;ttrd submergcd in the Boda Ronda Reservoir, thcr a rt seekirrg fishing rights. However, t1're saicl issue is covercd b]- C.O.Ms.No.74, dated 14.08.20 18 and G.O.Ms.No.'l .1. diitL d

28.10.2019. Vide G.O.Ms.No.74, the persons u'hosc lirnds ltitve bcen acquircd or the hshcrmen who were doLng lishirtg in smaller u,ater bodies and thc entire ulater boclies itave lrt'cn subsumed in thc reservoir or project, have bccn pelmittecl to seck fishing rights in the rcservoir or proicct. Hou,cvr:r G.O.Ms.No.43. has clarified that the bcnefits ol G.O.Ms.No 74 u,ould bc av:rilable onJy to the projccts r'vhich :rrr constrLtclcd 9 alter 27.O9.2O13. The Petitioner the beneht of G.O.Ms.No '74 Th iety cannot [herefore seek re IS no challenge to the G.O.Ms.No.74 in this writ petition' he decision of this Court tn W.P.No.82O5 of 2027 strictlY is n t applicable to the case on hand as in the said case, the lSStlE of the project being completed Prior to 27.O9'2O13 is ot mentioncd. The decisron relied upon bY the Iearned cou A.P.State Fishermen DeveloPme Vizag District (cited suPra), is n sel for the Petlttoner 1.e., t and Welfare Association, t applicable to the case on hand as the said judgment is of O09 wherein G.O-Ms.No.74, dated 14.08.2O18 and G O Ms'No 43, datcd 28.i0.2019, had not even been issued and hence n t discusscd. Therefore , this Court does not find anY merit in th writ petltlon

8. AccordinglY, the writ tition is dismisscd. There shall be no order as to costs' g. MiscellaneousPetition , if any, pending in this writ petition, shall stand closed SD/. S. M ASS ai'l$fEt%T$'[iR / //TRUE C PYII L. seclioru'orrrcen To

1. , a 4 4 RAV e T J F S H ER E VO Cate o rt u U U C P fo r the Sta e o T an a na a f N U E H s Court for the State of Telangana' at H s s h t RE E PRASAD NA C FOR FISHERMAN COOP K on C C to S R 5 ETTY e G P oR t F T o UC S v era ad oUrl b d H G Fo R cC s to P T o Url yd efab H o Cc to S R Ta UP c So ETY Two CD CoPies o PSK. PVL W HIGH COURT DATED:0510812025 ORDER WP.No.6122 of 2025 1HE S14 14: {to 13 tlj6 Im ( \\ ,.-.. ,,^,'. / -!' ,/// i I ) .) a, \. ,<" DISMISSING THE WRIT PETITION WITHOUT COSTS 1 g \1