THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.789 OF 2008 DATED: 25-01-2008 BETWEEN Bonam Venkata Chalamayya Educational Society, a society Registered under the provisions Of Societies Registration Act, 1965, Bearing Registration No.533/1992, Represented by its Secretary, Sri Bonam Kanakayya, S/o. Venkatachalamaiah, Occ: Business, R/o. Edarapalli, Amalapuram, East Godavari District, Andhra Pradesh. …PETITIONER AND Government of Andhra Pradesh Rep. by its Principal Secretary (Revenue), Secretariat Buildings, Hyderabad and others. …RESPONDENTS ORDER: Petitioner submits that it purchased an extent of Ac.6.21 cents in Sy.No.211/2 and an extent of Ac.4.08 cents in Sy.No.235 totaling an extent of Ac.10.29 cents vide sale deed dated 26.11.2007 and another extent of Ac.1.00 cents in Sy.No.235 vide another sale deed dated 26.11.2007 from one Tota Nagamanemma and one Ravipati Varalakshmi and the total extent covered by both the sale deeds is Ac.11.29 cents situated at Palacherla Village, Rajanagaram Mandal, East Godavari District. 2. Petitioner further submits that it has made an application to All India Council for Technical Education (AICTE) on 28.12.2007 requesting to permit it to establish an Engineering College at Rajahmundry in the name and style of Bonam Institute of Technology and Science and the State Government also forwarded the said application to AICTE. Petitioner submits that for establishing an Engineering college a minimum of 10 acres of land is required, accordingly, it has purchased an extent of Ac.11.29 cents vide registered sale deeds bearing documents Nos.7432 and 7433 dated 26.11.2007. Petitioner further submits that it has filed an application on 12.12.2007 before the Revenue Divisional Officer, Rajahmundry requesting him to arrange for conversion of the said agricultural land into commercial land enabling it establish the education institution. The said application has not been considered vide endorsement of the RDO dated 11.01.2008 dated in L.P8.H/57/08 on the ground that the land in Sy.No.211/2 and 235 in an extent of Ac.11.29 cents belonging to the petitioner is sought to be acquired for Rajiv Swagruha Gruhanirmana Scheme. 3. Learned counsel for the petitioner submits that the petitioner questions the said endorsement on the ground that under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (for short ‘the Act 3 of 2006’) the competent authority to convert the agricultural land into non-agricultural land is the RDO and on an application received by the RDO, he shall either issue permission or reject the same within 60 days from the date of receipt of the request. For conversion of the said agricultural land into non-agricultural land an amount @ 10% on the basic value of the land in the area as notified by the Government from time to time has to be collected. If any land is converted from agricultural land to non-agricultural land without obtaining any permission it is open for the competent authority to impose a fine of 50% over and above the conversion fee i.e. 10% of the basic value of the land and 50% over and above the conversion fee i.e. 60% over and above the basic value of the land can only be collected towards penalty. There is no penal provision under the Act except collecting the total amount @ 60% over and above the basic value of the land for such illegal conversion of agricultural land into non-agricultural land. Thus, it is the case of the petitioner that the rejection of its application on the ground that the said land is sought to be acquired for Rajiv Swagruha Gruhanirmana Scheme is illegal and contrary to the provisions of the Act and the rules made thereunder. 4. Learned Government Pleader submits that the Executive Director and Special Housing Commissioner has made a request to the Revenue Department to identify suitable Government Land for the aforesaid scheme and accordingly the Revenue Department identified an extent of Ac.238.35 cents of land at Palacherla village, Rajanagaram Mandal, Rajahmundry for acquisition. A total extent of 500 acres of land is sought to be acquired in two different areas and the land in question is also under the proposal for acquisition. He further submits that the Land Acquisition Officer and the Revenue Divisional Officer, Rajahmundry prepared a draft notification for publication, which is approved by the Joint Collector and at any time it may be published. 5. I am of the opinion that the land acquisition proceedings will not come in the way of the competent authority to consider and pass appropriate orders on the application of the petitioner in accordance with the provisions of the Act. Even if the land is converted the land acquisition proceedings will not be stalled or prevented. If any agricultural land is converted into non- agricultural land without obtaining any permission the only course open to the authority is to levy penalty @ 60% on the basic value of the land. Therefore, I am of the opinion that the said endorsement made by the RDO rejecting the request of the petitioner is illegal and contrary to the provisions of the Act. The writ petition is accordingly allowed setting aside the impugned endorsement and the Revenue Divisional Officer is directed to consider the application of the petitioner dated 12.12.2007 in accordance with the provisions of the Act and pass appropriate orders within ten days from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 25, 2008 Note: Furnish C.C. of the order in two days. (B/o) DSK