K. Chinna Jamalaiah v. The Superintending Engineer, Irrigation Circle, K.C. Canal, Kurnool, Kurnool District & Ors.

Order

The petitioner filed this writ petition under Article 226 of constitution seeking Mandamus directing respondents Nos.1 and 2 not to give consent to convert land in S.Nos.509, 510 and 512 of Guduru village, Kadapa Mandal, under K.C. Canal for the purpose of construction of houses, as it is illegal and contrary to Board Standing Orders and also judgments of the Apex Court. It is the petitioner’s contention that he is having Ac.2.15 cents of land in S.No.147/E of Guduru village. It is stated that though the village is in gram panchayat limits, it is abutting Kadapa Municipality, the fourth respondent/Mandal Revenue Officer, Kadapa addressed letter dated 19.08.2004 to the Executive Engineer, Irrigation Department, K.C. Canal, Nandyal, Kurnool District requesting to give consent on behalf of the Irrigation Department for converting lands of Ac.1.19 cents in S.No.509 and Ac.1.26 cents in S.No.510 of Guduru village, which are classified as kalva poramboke, into house sites. It is stated in that letter that Member of Parliament from Kadapa as well as Mandal Parishad President, Kadapa requested the District Collector for grant of house pattas to M.P.T.Cs and Sarpanchs in S.Nos.509, 510 and 512 of Guduru village. The said letter dated 19.08.2004 was addressed by the Revenue Department to the Irrigation Department for giving consent for conversion of kalva poramboke into residential plots. In pursuance of the said letter, Executive Engineer, K.C. Canal Division, Nandyal addressed letter dated 09.09.2004 to the Superintending Engineer, Irrigation Circle, Kurnool to issue necessary consent to the District Collector, Kadapa in this regard for conversion of kalva poramboke lands in S.Nos.509 and 510 of Guduru village into house sites for granting pattas.

2. The second respondent filed counter affidavit on behalf of the respondents Nos.1 and 2 contending inter-alia that the petitioner has no lands in his name. It was not stated in the counter affidavit as to in whose name the land in

S.No.147/E is registered. It is contended by the petitioner’s counsel that Ac.2.15 cents of land in S.No.147/E is standing in the name of his family members and predecessors as it is joint family land.

3. It is further stated in the counter affidavit that the distributory by name Guduru bank supply channel of patha Kadapa bank supply channel under K.C. Canal is passing through the lands in S.Nos.509 and 510 of Guduru village and that the tank was abandoned long time back. Even as per the counter affidavit, lands in S.Nos.147/E2A, 2B, E3A, E3B, E3C are localized as K.C. Canal Ayacut. According to the respondents, those survey numbers and others which are under K.C. Canal are not being irrigated as there are house plots and there in construction of houses many years ago. 3) From the respective pleadings as well as documents of both the parties, there is no dispute about the fact that Ac.1.19 cents in S.No.509 and Ac.1.26 cents in S.No.510 of Guduru village are kalva poramboke lands. In Hinch Lal Tiwari V. Kamala Devi [1] the Supreme Court forbid use of community lands for other purposes on the ground that they have fallen into disuse. The Supreme Court observed : “13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc., are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment, which enables people to enjoy a quality life, which is the essence of the guaranteed right under Article 21 of the Constitution. The Government, including the Revenue Authorities i.e. Respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites.” The Supreme Court in Jagpal Singh Vs. State of [2] Punjab gave directions for restoration of communal lands to their original use by taking steps for eviction of illegal or unauthorized occupants from such lands. It was observed therein : “22. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments.” In the light of above verdicts of the Apex Court, proposals on the part of the respondents in this writ petition, for conversion of kalva poramboke lands which are communal lands into house plots for allotment of the same as house site pattas to M.P.T.Cs and Sarpanchs, would be disastrous. It is high time that this Court, after coming to know of the same, should step into the picture and prohibit the authorities from taking any further action in this regard.

4. It is contended by the petitioner’s counsel placing reliance upon the division bench decision of this Court in Dr. Rao V.B.J. Chelikani V. Government of Andhra Pradesh [3] grant of pattas, house sites to M.L.As, M.Ps, I.A.S and I.P.S officers by the Government of Andhra Pradesh was found fault by this Court. In any event, since conversion of communal land i.e. kalva poramboke into abadi land is not permissible under law, this Court does not intend to express any opinion on this argument advanced by the petitioner’s counsel. In the result, Rule Nisi is made absolute allowing the writ petition, granting mandatory injunction directing the respondents Nos.1 and 2 not to convert the land in S.Nos.509, 510 and 512 of Guduru village from kalva poramboke into house sites. _______________________________ SAMUDRALA GOVINDARAJULU, J April 11, 2012. DSH. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.1336 OF 2005 April 11, 2012 Dsh [1] [2] [3] (2001) 6 SCC 496 AIR 2011 SC 1123 2010 (2) ALD 235 (DB)