IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7807 of 2008 Between: The Grampanchayath Khanapur village, rep by its Sarpanch Sri Akula. Srinivas S/o. Narsaiah, aged 35, Khanapur Village and Mandal, Adilabad District. ..... PETITIONER AND 1 The Conservator of Forests, Adilabad Circle, Adilabad. 2 The Divisional Forest Officer, Nirmal Division, Nirmal, Adilabad District. 3 The Forest Range Officer, Khanapur Range, Khanapur, Adilabad District. .....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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the order passed by the respondent no.3 in Roc. No.Rc.No.Gen/2007/K.P.R. dated 2-4-2008 directing to stop construction of the shopping complex is arbitrary, illegal, null and void and exceeding the powers vested and also violative of the Articles 14,19 and 21 of the Constitution of India, Consequently direct the respondent authorities not disturb the peaceful construction work of the shopping complex being constructed in Khanapur village and Mandal, Adilabad District by the Grampanchayath khanapur and to pass Counsel for the Petitioner: MR.C.HARI PREETH Counsel for the Respondents: GP FOR FORESTS The Court made the following : ORDER: This writ petition has been ﬁled by the Grampanchayath Khanapur Village, represented by its Sarpanch Sri Akula Srinivas, with a prayer to issue a writ, order or direction in the nature of Writ of Mandamus declaring the order passed by the Forest Range Oﬃcer, Khanapur-the third respondent in Proc.Rc.No.Gen/2007/K.P.R, dated 2.04.2008 as arbitrary and illegal. Sri Akula Srinivas has sworn to the aﬃdavit ﬁled in support of the writ petition. It is stated in the aﬃdavit that about 50 years back the Forest Department took possession of a part of gramakantam land for construction of quarters and guesthouse. There is a vacant land with a width of 50’, admeasuring 0.03 ¼ guntas in front of the quarters facing main road. The petitioner-Gram Panchayat proposed to construct shopping complex in the said site to supplement its income. The Executive Body of the Gram Panchayat, Khanapur passed a resolution for construction of shopping complex in the part of the gramakantam land and thereafter made a representation to the District Collector, Adilabad. The District Collector, Adilabad considered the said representation, dated 22.01.2008 of the petitioner-Gram Panchayat, and issued proceedings in Rc.No.B3/433/2008, dated 1.02.2008, wherein reports from the District Panchayat Oﬃcer, Adilabad District, Revenue Divisional Oﬃcer, Nirmal and the Tahsildar Khanapur have been called for. Upon such instructions, the concerned authorities visited the spot and submitted their reports. Basing on the reports submitted by the above referred authorities, the District Collector passed orders in proceedings No.B3/433/2008, dated 18.03.2008 permitting the petitioner- Gram Panchayat to proceed with the construction of shopping complex on the vacant abadi land to an extent of 16’ X 222’ in order to supplement the income of the Gram Panchayat. While the construction is in progress, the Forest Range Oﬃcer, Khanapur, issued proceedings impugned in the writ petition directing the petitioner-Gram Panchayat to stop further constructions. The said proceedings are under challenge in this writ petition. When the writ petition came up for admission on 22.04.2008 the following order came to be passed. “The Divisional Forest Oﬃcer, Nirmal Division, Nirmal, Adilabad District, is directed to conduct a local inspection of the land over which permission for construction of a shopping complex has been accorded in favour of Khanapur Gram Panchayat in Adilabad District, by the District Collector through his Proceedings dated 18.03.2008 and submit a report as to whether the land in question is situated within the boundaries of the Forest Department land or it is an open land belonging to the State Government. The 2nd respondent is, therefore, also directed to verify the records available with the Revenue Divisional Oﬃcer, Nirmal with regard to the nature and tenure of the land in question and submit a detailed report latest by 29th April 2008.” A further order has been passed on 30.04.2008, which reads as hereunder. “The District Collector and Magistrate, Adilabad and the Revenue Divisional Oﬃcer, Nirmal are impleaded as the 4th and 5th respondents respectively to this writ petition, as their presence is very essential for resolving the dispute. The District Collector, Adilabad, through his proceedings bearing No.B3/433/2008, dated 18.03.2008, has accorded permission to the Gram Panchayat, Khanapur to construct a shopping complex in the vacant abadi land to an extent of 16’ x 222’, with a view to augment the income of the said Gram Panchayat. Pursuant to the directions issued by this Court on 22nd April 2008, the Divisional Forest Oﬃcer, Nirmal has inspected the lands in question and has submitted his report that the land, which is the subject matter of the proceedings dated 18th March 2008 of the District Collector, is not an abadi land, but it is actually lying within the forest complex of Khanapur and that the forest complex is one of the oldest complexes available in the forest range from 1950 onwards and that the District Collector was requested through the proceedings dated 25th March 2008 by the Conservator of Forests, Adilabad Circle, Adilabad to cancel his proceedings dated 18th March 2008 and, therefore, the matter is receiving the consideration and attention of the District Collector. In this view of the matter, the District Collector, Adilabad and the Revenue Divisional Oﬃcer, Nirmal are directed to ﬁle a status report with regard to the land covered by the orders passed by the District Collector on 18th March 2008 as to whether it is forming part of the forest complex standing at Khanapur Village or whether it is an abadi land.” Pursuant to the directions as referred to above, a report came to be placed before the Court. Since the report placed on record does not speak of the presence of Revenue Oﬃcials at the time of inspection, a further direction has been made on 2.07.2008 to the Divisional Forest Oﬃcer, Nirmal and Revenue Divisional Oﬃcer, Nirmal to have a joint inspection of the site in question and submit a report. Accordingly, the Divisional Forest Oﬃcer, Nirmal and the Revenue Divisional Oﬃcer, Nirmal conducted a joint inspection and submitted a report on 24.07.2008. They also enclosed plans to the report. The second respondent ﬁled counter aﬃdavit. Sri M. Mohan Rao, sworn to the aﬃdavit. It is stated in the counter aﬃdavit that the land in question is in possession of the Forest Department since 1950 and the following buildings exist on the land. 1. Oﬃce building of Sub-Divisional Forest Oﬃcer, Khanapur. 2. Office building of F.R.O. GTD, Khanapur. 3. Office building of F.R.O. Khanapur. 4. Forest Guest House, Khanapur. 5. Residence of Sub-Divisional Forest Officer, Khanapur. 6. Residence of F.R.O. Khanapur. 7. Residence of F.R.O. GTD, Khanapur. 8. Vermi compost unit. 9. Nursery site. 10. Overhead tank also existing for raising of various seedlings. Relevant portion of the counter aﬃdavit, i.e. paras 4 & 5, needs to be mentioned, which read as under. In reply to Para – 4, it is respectfully submitted that, the contention of the petitioner that under the orders passed by the District Collector, Adilabad vide Proceedings No.B3/433/2008, dated 18.03.2008 permitting the Gram Panchayat to proceed with construction of the shopping complex on the above land to maintain day-to-day needs of the Gram Panchayat and also to take up the developmental aspects is baseless. As the above action taken without any prior permission or intimation from the Forest Department, as the land in question is in possession of the Forest Department since long. In reply to Para – 5, it is respectfully submitted that, the work of digging of pits for erecting the pillars and also the foundation work has been stopped, since the work was started without prior permission of the Forest Department and in this regard the District Collector, Adilabad has also been addressed by the respondent No.1 vide D.O. letter No.5420/2007-M3, dt.25.03.2008 to cancel the order passed by him. When the writ petition came up for admission, with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for final disposal. Heard learned counsel appearing for the petitioner and learned Government Pleader for Forests appearing for the respondents. Learned counsel appearing for the petitioner submits that the land in question is abadi land and therefore, the petitioner- Gram Panchayat is entitled to construct shopping complex thereon. A further submission has been made that the District Collector issued proceedings dated 18.03.2008 according permission to construct shopping complex on the vacant abadi land to an extent of 16’ x 222’ in order to supplement the source of income, and since the proceedings issued by the District Collector are not set aside, the respondent cannot raise any objection for construction of shopping complex in abadi land. On the other hand, the learned Government Pleader for Forests appearing for the respondents submits that the land in question is in occupation of the petitioner-Gram Panchayat and it forms part and parcel of the constructions existing therein and unless the land is resumed to the Gram Panchayat, no further constructions can be permitted to come up thereon. I have gone through the report submitted, in the form of letter to the Government Pleader for Revenue by the Divisional Forest Oﬃcer, Nirmal, and the Revenue Divisional Oﬃcer, Nirmal and also the plans and photographs annexed thereto. It is explicit from the report that the land in question is within the compound of the premises wherein the Forest Guest House and quarters of the Forest Oﬃcers situate. Even as per the plan annexed to the report, the open place, wherein the shopping complex is proposed, is within the vicinity of the guesthouse and quarters of the forest oﬃcials. There is enough material to show that the open place in question is part and parcel of the Forest Guest House and quarters of the forest oﬃcials. Unless the land is resumed to the Gram Panchayat, the question of Gram Panchayat constructing shopping complex thereon does not arise. Therefore, the third respondent, in the given facts and circumstances, is justiﬁed in requesting the petitioner- Gram Panchayat to stop further constructions. Before parting with the case, I make it clear, if the petitioner-Gram Panchayat requires the site, which is within the compound of Forest Guest House and quarters of the forest officials, it is to be resumed from the Forest Department. Accordingly, the Writ Petition is dismissed at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 1st August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Conservator of Forests, Adilabad Circle, Adilabad. 2 The Divisional Forest Officer, Nirmal Division, Nirmal, Adilabad District. 3 The Forest Range Officer, Khanapur Range, Khanapur, Adilabad District. 4 2 CCs to G.P. for Forests, High Court of A.P., Hyderabad. (OUT) 5 2 CD copies.