THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22981 OF 2007 DATED 25th MARCH, 2011 Between: S.Ganesh Goud … Petitioner a n d Village Secretary, Devanpally Gram Panchayath, Devanpally Village, Kama Reddy Mandal, Nizamabad District, and another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22981 OF 2007 O R D E R The grievance of the petitioner was that the respondent authorities were laying a public road through his site in Plot No.7 in Sy.Nos.209/62, 209/63 and 209/64 of Devanpally Village, Kamareddy Mandal, Nizamabad District, without acquiring it under the Land Acquisition Act, 1894. This Court, by order dated 30.10.2007, directed stay of all further proceedings in respect of the laying of the road over a portion of the petitioner’s house site in the subject plot. The Village Secretary, Devanpally Gram Panchayat, the first respondent, filed WVMP No.801 of 2008 to vacate the order dated 30.10.2007. However, as the matter is amenable to disposal at this stage, this final order is being passed with the consent of the learned counsel. It is the case of the petitioner that he is the absolute owner and possessor of the subject plot having purchased the same under registered sale deed No.3718 of 2000 dated 11.09.2000. He claims to have obtained building construction permission in respect of the subject land from the Devanpally Gram Panchayat on 15.02.2001. However, as he was not able to proceed with the construction within the stipulated time, he obtained renewal of the permission on 11.06.2002. He was unable to proceed with the construction even thereafter and claimed to have made a renewal application on 11.04.2006 to the Gram Panchayat. As no response was received to the said application, the petitioner commenced construction on the basis of the deeming provision under Rule 26 of the A.P. Panchayat Land Development (Layout and Building) Rules, 2002. At this stage, the officials of the Gram Panchayat are stated to have informed him that they would undertake demolition of the construction on the ground that he did not have requisite permission. The petitioner therefore approached this Court by way of Writ Petition No.635 of 2007, which was disposed of by order dated 24.04.2007 holding that it was open to the Devanpally Gram Panchayat to enquire into as to whether the petitioner had raised constructions contrary to the layout or the building plan annexed to his application and take necessary action in accordance with Rule 33 of the Rules. This Court further observed that until and unless appropriate action was initiated, the Gram Panchayat could not resort to any action which was not approved by law. Pursuant to the above order, the Gram Panchayat is said to have issued notice dated 15.06.2007 to which the petitioner responded under his letter dated 16.06.2007. While so, it is his grievance that the officials of the Devanpally Gram Panchayat dismantled a part of the construction causing him loss of Rs.50,000/-. While matters stood thus, the petitioner stated that the respondent authorities were now proposing to lay a road covering a major portion of his house site on the ground that the same was encroached by him. Hence, this writ petition. In his counter, the Panchayat Secretary of Devanpally Gram Panchayat, Kamareddy Mandal, Nizamabad District, stated that the petitioner had made construction without obtaining permission and deviating from the Rules prescribed in G.O.Ms.No.67 dated 26.02.2002. He however admitted that the petitioner had sought and obtained permission earlier on 15.02.2001, which stood renewed on 11.06.2002. He denied that the petitioner made a subsequent application for further renewal on 11.04.2006. According to him, the petitioner’s construction thereafter was in deviation of the Rules and the conditions prescribed in the permission dated 15.01.2001 and that the Gram Panchayat had demolished the constructions made with such deviations. In so far as the issue of laying a road is concerned, the Panchayat Secretary, Devanpally Gram Panchayat, stated that the petitioner had encroached the land of the Gram Panchayat without permission. According to him, the Gram Panchayat was laying the road as per its resolution in the site meant for a service road in the approved layout. A copy of the approved layout is placed before this Court and reflects that Plot No.7 which is the subject matter of the present litigation is abutted on two sides by roads. The copy of the proceedings dated 31.05.1981 issued by the Gram Panchayat, Devanpally, with regard to payment of betterment charges in respect of the plots in this layout demonstrates that the dimensions of the Plot No.7 are 55 feet length x 40 feet width. It is also not in dispute that building construction permission was granted and thereafter renewed in respect of this plot. Therefore, to the extent of the admitted area of this plot, the petitioner is entitled to protect his possession and the respondent authorities would be bound to follow the due procedure laid down by law if they wish to interfere with his possession and enjoyment thereof. The writ petition is accordingly disposed of directing the respondent authorities not to interfere with the possession and enjoyment of the petitioner over Plot No.7 in Sy.Nos.209/62, 209/63 and 209/64 of Devanpally Village, Kamareddy Mandal, Nizamabad District, admeasuring 55 feet x 40 feet as per the approved layout, without following the due procedure laid down by law. In the circumstances of the case, no order as to costs. --------------------------- SANJAY KUMAR,J 25TH MARCH, 2011 PGS/VGSR