Andhra Pradesh High Court - Amravati
Rajdhani Rytu Parirakshana ... vs The State Of Andhra Pradesh on 22 October, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT PETITION (PIL) No.196 of 2021
(Hybrid Hearing Through video conferencing)
Rajdhani Rytu Parirakshana Samithi,
A society registered under Societies Act,
Bearing Registration No.283 of 2016,
Having its Office at H.No.11-94, Tullur,
Amaravati, A.P., Rep. by its Treasurer,
Sri Anumolu Ganesh Prasad,
S/o. Anumolu Narayanarao, Aged 67 years,
R/o. Lingaypalem, Guntur, A.P.
.. Petitioner
Versus
State of Andhra Pradesh,
through the Principal Secretary,
Municipal Administration Dept.,
A.P. Secretariat, Velagapudi,
Amaravati, Guntur District, and others.
.. Respondents
Counsel for the petitioner : Mr. B. Adinarayana Rao, Sr. Counsel,
for Mr. Sai Sanjay Suraneni
Counsel for respondent No.1 : GP for Municipal Admn.& Urban Dev.
Counsel for respondents 2 &4 : Mr. Kasa Jagan Mohan Reddy, Spl.GP
Counsel for respondents 3 &5 : GP for Irrigation & CAD
Counsel for respondent No.6 : Mr. Ravula Nagarjuna
ORAL JUDGMENT
Dt: 22.10.2021
(per Prashant Kumar Mishra, CJ)
By this public interest litigation, the petitioner assails Memo
No.1268811/CRDA/2020 dated 05.08.2021 issued by the Government of
Andhra Pradesh, Municipal Administration and Urban Development (CRDA)
Department, permitting the Metropolitan Commissioner, Amaravati
Metropolitan Regional Development Authority, to allot Ac.20.00 cents of land
in Mandadam Village to the Executive Engineer, Krishna Central Division,
Water Resources, for the purpose of dumping the dredging material due to
the de-silting works on upstream side of Prakasam Barrage, Krishna River,
subject to the conditions stipulated therein, and also the consequential Lease
Land Handover Certificate dated 02.09.2021.
2. In the counter-affidavit filed by the 5th respondent- Assistant
Executive Engineer, Water Resources Department, R.C.(I) Section,
Vijayawada, at paragraph No.11, it is stated as under:
"It is respectfully submitted that, some of the margin
lands on right bank of River Krishna were acquired by the
CRDA (AMRDA) through land pooling. Water Resources
Department requested the Metropolitan Commissioner,
AMRDA, Vijayawada to allot these adjacent margin lands at
least an extent of Ac.20.00 cts in Penumaka Village of Tadepalli
Mandal and Venkatapalem, Mandadam Villages of Thullur
Mandal to deposit the dredged materials on temporary basis as
per AMRDA norms. The operations will be carried out without
any disturbance and damage to the existing flood banks along
the River. The entire dredged material will be handed over to
the M/s APMDC Ltd for the use of Government works. After
completion of the work, the entire margin lands allotted by the
AMRDA will be handed over to the AMRDA as its original
position."
3. Mr. B. Adinarayana Rao, learned senior counsel appearing for the
petitioner, submits that in view of the aforesaid averments made in the
counter-affidavit of the 5th respondent, as of now, no adjudication is required
on the issue raised in this public interest litigation.
4. Accordingly, placing on record the stand taken by the 5th respondent
in his counter-affidavit, this writ petition (public interest litigation) is
disposed of. No costs. Pending miscellaneous applications, if any, shall
stand closed.
PRASHANT KUMAR MISHRA, CJ C. PRAVEEN KUMAR, J
IBL
