KORISAPADU WATER USERS ASSOCIATION PRAKASAM DISTRICT Vs. SECRETARY GRAM PANCHAYAT KORISAPADU PRAKASAM DISTRICT

JUDGEMENT

(1.) The petitioner is the Water Users Association of Korisapadu Village Prakasam District. THE said association formed in the year 2004, has been in control of an irrigation tank situated in Korisapadu Village, which is called Big tank or Korisapadu Minor Irrigation tank as well as its ayacut. THEre were about 2000 babul trees in the said irrigation tank which were planted by the Social Forest Department about 20 years back. THE 1st respondent-Korisapadu Gram Panchayat proposed to sell the said babul trees by conducting a public auction on 19,2.2008. As per the auction notice, the highest bidder shall deposit 25% of the bid amount to the Gram Panchayat immediately and the balance shall be deposited within 7 days thereafter and the babul trees with roots shall be removed by him within a month from the date of taking possession. Having come to know about the proposed public auction, the petitioner-association made a representation dated 11.2.2008 to the District Collector as well as the Officials of Panchayat Department and Irrigation Department requesting to stop the auction stating that since the tank vests with the petitioner association, the Gram Panchayat has no right or authority to conduct the auction. THE petitioner's version was substantiated by the report submitted by the Executive Engineer, Irrigation Division, Ongole wherein it was made clear that the tank in question has been under the control of the Irrigation and CID Department since 1998 with a registered ayacut of 110 acres and the petitioner Water Users Association has been constituted as per the A.P. Farmers Management of Irrigation Systems Act, 1997 (for short 'the Act') and the same has been functioning since 2004.

(2.) In spite of the same. the 1st respondent-Gram Panchayat conducted the auction on 19.2.2008 in which the 6th respondent was declared as the highest bidder for Rs.9.67 lakhs. Aggrieved by the same, the present writ petition has been filed seeking a declaration that the action of the 1st respondent-Gram Panchayat in selling the babul trees existing in Korisapadu tank is arbitrary and illegal. It is primarily contended that the petitioner- association alone has power and authority to auction the trees available in the tank in question and utilize the sale proceeds for development of the tank and irrigation system. It is further contended that the Gram Panchayat or Panchayat Raj Department has no such power or authority and therefore, the auction held on 19.2.2008 is liable to be set aside.

(3.) The material on record shows that the babul trees in question are not naturally grown trees over the tank bed area. Admittedly, they were raised by the Forest Department and the Gram Panchayat jointly at their own cost. It is also not in dispute that the plantation was made by the Forest Department in the year 1988 under a Social Forestry Programme under which the Forest Department was entitled to raise social forest in the Government lands. THEreafter, the plantation was taken over by the Gram Panchayat in the year 1991 for maintenance and proper care. Long thereafter, the petitioner-association was formed in the year 2004 and the tank was taken over by the Irrigation Department.