RAJULAPATI VENKATESWARA RAO Vs. DISTRICT COLLECTOR KRISHNA DIST

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner seeking a Writ of Mandamus declaring the proceedings of the first respondent dt. 25-9-1998 and the consequential show-cause notice dated 26-11-1998 and also the resultant resolution passed by the third respondent on 3-12-1998 as illegal and void and consequentially direct the fourth respondent not to construct a poultry farm in R.S.No. 278/1 of Iyyanki village, Movva Mandal, Krishna District.

(2.) It is stated that the petitioner is the Vice-President of Ayyanki Gram Panchayat. The fourth respondent filed an application on 10-9-1997 for sanction of the plans before the Executive Officer of the Gram Panchayat, Ayyanki, for the construction of poultry sheds. The said application was rejected by the Gram Panchayat by its resolution dt. 12-6-1998 as the establishment of the poultry farm would be the source of air as well as noise pollution to the residents of the village. It is further stated that the first respondent without hearing anybody and without issuing any show-cause notice issued proceedings dt. 25-9-1998, cancelling the resolution of the Gram Panchayat and directed the third respondent to approve the plan submitted by the fourth respondent. Even thereafterwards also the third respondent Gram Panchayat passed resolution on 10-11-1998 refusing permission. Thereafter the second respondent herein has issued a show-cause notice upon the Gram Panchayat why the Gram Panchayat shall not be dissolved for having violated the orders of the District Collector and passed resolution on 10-11-1998 approving the plans for the proposed poultry farm of the fourth respondent. Aggrieved by the said proceedings of the first and second respondents the petitioner has approached this Court alleging that the respondents 1 and 2 have violated the fundamental duty cast upon them under the provisions of the Constitution of India. The learned Counsel for the petitioner contended that under the provisions of Sections 246 and 247 of the A.P. Panchayat Raj Act, 1994, it is only the Government that has got power either to cancel or suspend the resolution passed by the Gram Panchayat or to take action in default of the Gram Panchayat and as no such powers are vested in the first respondent, the action of the first respondent is without jurisdiction. The learned Counsel also contended that the construction of a poultry farm adjacent to the village is prohibited and the resolution passed at the instance of the first respondent, sanctioning the plan for the construction of the poultry farm violates the fundamental duties cast upon the respondents 1 and 2. Therefore, the said actions of the respondents are liable to be set aside.

(3.) For the respondents 1 and 2, a counter has been filed opposing the contentions of the petitioner. In the counter it is stated that the land on which the proposed poultry farm is to be established is an agricultural land surrounded by another six poultry farms and the third respondent-Gram Panchayat rejected the permission for the construction of the poultry farm at the instance of one Harinatha Babu who is an existing poultry farm owner. It is also stated that it is not for the Gram Panchayat to consider whether the setting up of the poultry farm is objectionable on health grounds, as per the Government Orders in G.O.Ms.No. 748 dt. 4-7-1978 and G.O.Ms.No. 332 dt. 3-7-1985, it is only the Medical and Health Department which has to certify whether it is objectionable or not. It is only Medical and Health and the Animal Husbandry Departments which have to certify regarding the objections on health and environmental grounds. It is also stated that as the third respondent Gram Panchayat failed to implement the directions of the first respondent, the Extension Officer was appointed as Special Officer who was directed to pass a resolution approving the plan and in the presence of the Special Officer, Gram Panchayat passed resolution approving the plans submitted by the fourth respondent for the construction of the poultry farm. The said poultry farm is situated in the agricultural lands far away from the village and in fact it was proposed to set up at the place where there are already existing poultry farms.