PALAVENKATAPURAM GRAM PANCHAYAT Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who is a Gram Panchayat, filed this writ petition with the grievance that the representations made to respondent Nos. 1 and 2, including that made on 16.9.2013 to respondent No. 1, for taking action against the alleged illegal sinking and operation of two bore wells by respondent Nos. 3 and 4 in Palavenkatapuram Village, Brahmasamudram Mandal, Anantapur District, are not being considered. The petitioner pleaded that after a public drinking water bore well for community purpose was dug by the Government, respondent Nos. 3 and 4 have dug two bore wells and have been irrigating from their agricultural lands by laying pipe lines, that in the year 2005, the Tahsildar, Brahmasamudram Mandal, seized the bore wells and that however subsequently from the next year onwards, respondent Nos. 3 and 4 have started re-using the bore wells as a result of which the Government bore well has dried up. The petitioner has passed a resolution on 8.8.2013 for taking measurements in accordance with law for getting the two bore wells seized in order to protect the public drinking water bore well dug by the Government. Following the said resolution, the Sarpanch of the petitioner Gram Panchayat and some other residents have made a representation dated 16.9.2013 to respondent No. 1. In this writ petition the grievance of the petitioner is that respondent Nos. 1 and 2 have not been taking any action for redressing the grievances of the residents of Palavenkatapuram Village.

(2.) Section 10 of the Andhra Pradesh Water, Land and Trees Act, 2002 (for shot, 'the Act') prohibits any person on sinking any well in the vicinity of a public drinking water source within a distance of two hundred and fifty meters in areas other than the areas covered under Section 9 and sub-section (1) of Section 11 thereof. Under sub-section (2), any person, who intends to sink a well for purpose of irrigation or drinking or for any other purpose within a distance as specified under sub-section (1) of a public drinking water source, shall apply for permission to the authority in such manner and on payment of such fee as may be prescribed under the rules. Under Section 15, the competent authority is empowered to close the well sunk in violation of the provisions of the Act.

(3.) As noted herein above, the petitioner alleged that after the public water bore well was sunk in the year 2003, respondent Nos. 3 and 4 have illegally sunk their own wells, numbering two, within the prohibited distance without permission from the competent authority. The petitioner also pleaded that entire Anantapur District is a drought prone area and there is huge scarcity of groundwater and that sinking of the two bore wells by respondent Nos. 2 and 4 had made the public drinking water source to dry.