WP/7153/2003 of N.Konthalapadu Grampanchayat, Vs The Superintending Engineer, Minor Irrigation, on 27 December 2006

ORAL ORDER:

This Writ Petition is filed seeking a Mandamus declaring theaction of respondents 1 to 3 in not directing the 4[th] respondent toconstruct check dam across Mollakunta vagu near N. Konthalapaduvillage, Orvakallu Mandal, Kurnool district in the lands belonging toGram Panchayat by shifting the proposed construction of the checkdam from his lands in Survey Nos.472, 474, 480, 482 and 507 ofN.Konthalapadu village as arbitrary, illegal and contrary to theresolution passed by the Gram Panchayat on 16-4-2003 andconsequently to direct respondents 1 to 3 to direct the 4[th] respondentto shift the construction of check dam across Molakunta vagu from hislands to the Government poramboke belonging to the GramPanchayat.

Petitioner is a Gram Panchayat. In order to develop theunderground water level, to maintain perennial water flow in the tanksand to increase the water level in the wells and borewells, theGovernment has decided to construct check dams across the tanksetc, with the financial aid of NABARD. Government has undertakensuch constructions under RIDF scheme. Pursuant to the same, the 3[rd]respondent sanctioned an amount of Rs.278.90 lakhs videProceedings Rc.No.D2/159/RIDF-VIII/2002-03, dated 12-5-2002. Thereafter, official respondents have decided to construct check dams in some of the villages in Orvakallu Mandal, and N. Konthalapaduvillage is one, which is chosen for constructing two check dams, out ofwhich, one across Mollakunta vagu. An amount of Rs.3.40 lakhs wassanctioned for construction of the said check dam. Respondents 1 to 3have decided to construct the check dam across Mollakunta vagu byentrusting the said work to the 4[th] respondent and another workrelating to construction of Meedi Vemula water shed to anotherperson. Petitioner has no objection for entrusting the said work to theabove persons. But, at the behest of the 4[th] respondent to satisfy hisselfish needs, respondents 1 to 3 have accepted to construct the checkdam in the lands belonging to the 4[th] respondent in Survey Nos.472,474, 480, 482 and 507 of the village. The said land to an extent ofAc.10.00 belonging to the 4[th] respondent is situated far away from thevillage and in the said land, Ac.2.00 of Vagu kunta is existing and on it,respondents 1 to 3 have decided to construct a check dam and thesame will not be useful to cater the needs of the village. If the saidcheck dam is constructed in the lands of 4[th] respondent, the same willbe useful only to the 4[th] respondent and some farmers, who havelands adjacent to the lands of the 4[th] respondent. Therefore, no usefulpurpose would be served if the check dam is constructed in the landsof the 4[th] respondent. On the other hand, there is a poramboke land,which is very near to the village and if the check dam is constructed inthat land, it would cater the needs of the villagers. Therefore, thepetitioner as well as the villagers made a representation to the 3[rd]respondent on 20-2-2003 to construct a check dam in the landbelonging to Gram Panchayat, which is very near to the village insteadof constructing it in the lands of the 4[th] respondent. But, no action has been taken so far. Hence, this Writ Petition.

been taken so far. Hence, this Writ Petition.

A detailed counter affidavit has been filed by the 2[nd] respondentdenying the allegations made by the petitioner and asserting that it isnot for the Gram Panchayat to say where a check dam should beconstructed. The main object of construction of check dams underRIDF is to perennialise the non-perennial streams on water shedbasis, to improve Ground Water Recharge and water infiltration and totake up conservation measures so as to improve the fallow lands,assigned lands, Government lands etc. It also aims to increase thewater holding capacity in tanks for additional irrigation, rejuvenatingthe dried up irrigation wells, bore wells with a scope to create moreagricultural area under irrigation for additional crop and improvingquality of water through dilution for drinking water purpose. Further,the resolution passed by the Gram Panchayat is nothing to do with thisand the same cannot be accepted, as they have no technicalknowledge and their suggestions may not be feasible. It is for theDepartmental authorities to execute a project of this nature, includingits location. Hence, the representation dated 17-4-2003 to change thesite of the check dam was not accepted.

While admitting the Writ Petition, on 30-4-2003 this Courtdirected that the check dam in question shall be constructed only atsuch place as was identified by the 2[nd] respondent while accordingsanction. There is no mention as to what happened to the interimorder passed by this Court on 30-4-2003. But, one thing is sure thatthe check dam was not taken up. Now, it is more than three years. Therefore, still there is a necessity to construct a check dam atMollakunta vagu, it is always open for the respondents to issue aproper notice to the petitioner and decide the matter afresh afterhearing the Gram Panchayat.

With the above direction, the Writ Petition is disposed of. Noorder as to costs.

prk

27-12-2006