PONNABOYINA NARASIMHAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution seeks a declaration that the action of the respondents in taking steps to acquire the lands of the petitioners to construct a Water Course without following the procedure contemplated under Andhra Pradesh Irrigation (Construction and Maintenance of Water Courses)Act (hereinafter called 'the Act') and rules made thereunder is illegal and for appropriate direction for stopping the action of the respondents in that regard.

(2.) The plea of the petitioners is that the 2nd respondent has taken steps for acquiring the lands for constructing certain irrigation works in contravention of the provisions of the said Act. Counters have been filed on behalf of respondents 1 and 2. It is specifically stated in the counters and it has been assured by the learned Government Pleader concerned that the lands sought to be acquired are for the purpose of construction of minor irrigation tanks and not for construction of irrigation channels. A perusal of the affidavit of the petitioners also discloses that nowhere it has been alleged that the petitioners' lands were being acquired for constructing any irrigation channel. In this context, Section 4 of the Act is relevant, which is extracted below:

(3.) A reading of these provisions makes it abundantly clear that the procedure contemplated thereunder would be applicable in respect of construction of a water-course and not a tank or any other source of irrigation. Water-course has been defined in Section 2(j), which reads as follows: "Water course" means a field channel which receives supply of water from the outlet of an irrigation work and conveys water to lands included within the ayacut of that work and which is not maintained at the cost of the Government and includes all subsidiary works connected with any such channel except the sluice or outlet through which water supplied from irrigation work to such channel."