IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HONOURABLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.4308 of 2004 Between: 1. Chikkala Srirama Murthy, S/o.Late Gopala Rao, 48 years, Nedunuru, Amalapuram, East Godavari District. 2. Chikkala Veeraswamy, S/o.Late Gopala Rao, 41 years, Nedunuru, Amalapuram, East Godavari District. 3. Chikkala Satya Prasad S/o.Late Gopala Rao, 34 years, Nedunuru, Amalapuram, East Godavari District. …PETITIONERS AND 1. The Sarpanch, Nedunuru Grampanchayat, Nedunuru, Amalapuram, East Godavari District. 2. The District Medical & Health Officer, East Godavari, Kakinada. …RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the resolution dated 30.06.2003 passed by the 1st respondent as well as the recommendation given to the 2nd respondent vide letter dated 02.07.2003 as illegal, arbitrary, null and void and for a consequential direction to the respondents to permit the petitioners to construct sheds in the place of old sheds for running poultry farm in the name of "Sri Dhanalakshmi Poultry Farm". Counsel for the Petitioners: MR.M.V.SURESH Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: ORDER: The petitioners are the owners of land in R.S.No.553/1 of Nedunuru Village, Amalapuram, East Godavari District. In the year 1990, they constructed a poultry farm – Sri Dhanalakshmi Poultry Farm; after obtaining permission from Nedunuru Gram Panchayat. Initially, they constructed three sheds and in the year 1998, they additionally constructed two pucca buildings and one shed. Again in May 2002, the petitioners made an application to the Gram Panchayat seeking permission for construction of pucca buildings in the place of existing sheds. By resolution dated 06.06.2002, the Gram Panchayat refused permission for extension of the poultry farm herein. Assailing the same, the petitioners filed Writ Petition being W.P.No.11105 of 2002 seeking a declaration that the resolution dated 06.06.2002 passed by Gram Panchayat is illegal and arbitrary. By an order dated 13.02.2003, this Court disposed of the Writ Petition directing the second respondent namely the District Medical & Health Officer to cause an inspection of the petitioners’ premises made and communicate his decision to the first respondent, Gram Panchayat, which is directed to take decision afresh. After the disposal of Writ Petition, the second respondent deputed Dr.Y.Satyanarayana, Additional District Medical & Health Officer, East Godavari District to inspect the locality where the petitioners’ poultry farm is situated. The said officer submitted inspection report, based on which the second respondent addressed a letter dated 12.04.2003 to the Gram Panchayat opining that permission may be accorded to reconstruct the sheds in scientific manner in the place of old shed, subject to certain conditions. The matter was again discussed in the meeting of Gram Panchayat on 30.06.2003. After considering the report of the second respondent, the first respondent, Gram Panchayat unanimously resolved confirming the earlier resolution vide item No.37, dated 06.06.2002 and the Secretary of Gram Panchayat was directed to send a copy of the resolution to the petitioners and to the second respondent. The petitioners have again approached this Court challenging the resolution of the Gram Panchayat. This Court admitted the Writ Petition on 09.03.2004 and ordered notice in W.P.M.P.Nos.5651 and 5652 of 2004. The matters came up at interlocutory stage before this Court on 27.07.2004, but the Writ Petition was finally heard with the consent of the parties at the interlocutory stage. Sri M.V.Suresh, learned counsel for the petitioners submits that the second respondent has recommended the Gram Panchayat to sanction permission for construction of pucca buildings for poultry farm, that the said recommendation is binding on the Gram Panchayat and that the rejection of permission by the Gram Panchayat is illegal and contrary to the provisions of the A.P.Panchayat Raj Act, 1994 (‘the Act’ for brevity). I am afraid, I cannot agree with the submission of learned counsel for the petitioners. Section 120 of the Act requires every person to make an application seeking permission for construction, establishment or installation of the factory, workshop or work place in which steam or other power is employed. The same reads as under. 120. Applications to be made for construction, establishment or installation of factory, workshop or work place in which steam or other power is to be employed:-(1) Every person intending:- a. to construct or establish any factory, workshop or work place in which it is proposed to employ-steam power, water power or other mechanical power or electrical power; or b. to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant exempted by rules made in this behalf shall, before beginning such construction, establishment or installation, obtain the permission of the gram Panchayat in the prescribed manner for undertaking the intended work. (2) The application to the made under sub-section (1) shall conform to such rules and shall be processed in such manner and in consultation and approval of such authorities and subject to such conditions as may be prescribed. Section 121 of the Act is to the effect that no construction shall be made without permission of the Gram Panchayat. Reading Sections 120 and 121, it becomes clear that under the Act, it is the Gram Panchayat, which is vested with the power whether to grant permission or reject permission for construction of the building. In so doing, it is always permissible for Gram Panchayat to obtain the opinion from other authorities like District Medical & Health Officer. Under the scheme of the Act, it is the Gram Panchayat, which is kept in-charge of the welfare of the people. Indeed under Section 45 of the Act, it shall be the duty of the Gram Panchayat to take care of public health of the village. Further, this Court, while disposing of the Writ Petition No.11105 of 2002, observed that it is for the Gram Panchayat to take decision afresh with regard to exercise of its powers for grant of permission on the application of the petitioners including continuance of business of the petitioners. The Gram Panchayat considered the letter, dated 12.04.2003 and also the objections raised by the residents of Nedunuru Gram Panchayat. The objections of the villagers were not at all considered by the second respondent. While considering the subject, Gram Panchayat also noticed that the report of the second respondent is contrary to the ground reality and therefore, the objections of the villagers were considered. It was also observed that when the Additional District Medical & Health Officer, deputed by the second respondent, visited the village, the Sarpanch, members of Gram Panchayat, members of Mandal Parishad Territorial Constituency and villagers raised objections, but they were not considered by the inspecting official. Accordingly, Gram Panchayat came to a conclusion that the earlier resolution refusing permission of the petitioners was correctly passed. When the Gram Panchayat, after visualizing the ground reality and after considering the objections, has decided not to permit the construction of pucca buildings for the purpose of poultry farm, there should be strong reasons for this Court to interfere in such a decision. The Writ Petition is devoid of merits and is accordingly dismissed. ____________ (V.V.S.RAO, J) 28th July 2004 RRB Copies To: 1. The Sarpanch, Nedunuru Grampanchayat, Nedunuru, Amalapuram, East Godavari District. 2. The District Medical & Health Officer, East Godavari, Kakinada. 3. Two CCs to G.P. for Panchayat Raj and Rural Development, High Court Buildings, Hyderabad (OUT). 4. Two CD copies.