LAWS(APH)-2012-10-128

PARYAVARANA PARIRAKSHANA SAMITHI Vs. DISTRICT COLLECTOR

Decided On October 07, 2012
Paryavarana Parirakshana Samithi Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE petitioner is a society, registered mainly for the purpose of identifying common problems being faced by the residents of Gajwel Constituency in Medak District and to suggest solutions therefor. In this writ petition, the orders, dated 23.03.2012, passed by the Joint Collector, Sanga Reddy, the 2nd respondent herein, confirming the order, dated 27.01.2011, passed by the Revenue Divisional Officer, Siddipet, the 3rd respondent herein, permitting change of land use in respect of about 22 acres, in different survey numbers of Pragnapur Village, Gajwel Mandal, are challenged. The petitioner submits that the land, as regards which the permission was accorded by the 3rd respondent, is part of ayacut of about 180 acres of an irrigation tank, by name Oorchervu of Pragnapur Village, and that the irrigation is through two sluices.

(2.) THE petitioner submits that the land in question abuts the tank bund and on account of indiscriminate change of land use, the irrigation canals are destroyed and that very existence of tank is under threat. It further submits that the irrigation department has taken steps for improvement and maintenance of the tank, sluices and canals and substantial amount was also released. It submits that respondents 12 to 14, who got rights over 22 acres of land, are undertaking real estate business and in the pursuit of their selfish goals, they are not only posing threat to the tank, but also are affecting the rights of other formers to receive uninterrupted supply of water.

(3.) THE writ petition is contested mainly by respondents 12 to 14. They submit that the ayacut of the tank has virtually become part of the residential area of Pragnapur, which is on an important highway, namely Rajiv Rahadari from Hyderabad to Ramagundam. It is stated that they had to seek permission to put their agricultural land to other uses, on account of the fact that number of colonies have come up around their land, and such colonies are developed on the land which is part of the same ayacut. They contend that the members of the petitioner are selective in their activism and having kept quite when all round development has taken place, they are creating hurdles for the development of their land, for political and other reasons.