YEGIREDDI RADHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) :- Petitioner has filed the present Public Interest Litigation seeking a declaration that the action of the respondent Nos. 3 to 14 in constructing i) Village Secretariat Building/Grama Sachivalayam Building, ii) Rythu Bharosa Kendram and iii) Health Sub-Centre/Health and Wellness Centre in Survey No. 50-3 to an extent of Ac.16.56 cents of Uddavolu village, Terlam Mandal, Vizianagaram District which is classified as 'Cheruvu'/Tank' (Water body) as illegal, arbitrary and in violation of Sec. 3(1) of the Andhra Pradesh Non-Agricultural Land (Conversion for Non-Agriculture Purposes) Act, 2006 (hereinafter referred to as 'the Act, 2006').

(2.) It is pleaded in the petition that an extent of Ac.16.56 cents of land in Survey No. 50-3 of Uddavolu village is classified as 'Cheruvu'/Tank' (Water body). Notwithstanding such fact, respondents, particularly, the 14 respondent, has undertaken construction of Village Secretariat Building/Grama Sachivalayam Building, Rythu Bharosa Kendram, Health Sub-Centre/Health and Wellness Centre in Survey No. 50-3 of Uddavolu village in violation of Sec. 3(1) of the Act, 2006.

(3.) Contention of the petitioner has been substantially admitted in the counters filed by the respondents. In the counter filed by the 3 respondent-District Collector-cum-District Programme Coordinator, it is unequivocally stated that the District Collector had allotted Ac.0.08 cents of land in Survey No. 158 of Uddavolu village for construction of Sachivalayam and Rythubharosa Kendram and not in Survey No. 50-3 of Uddavolu village.