Gajjala Ankal Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 3754 AP

       IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI



HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                         &
             HON'BLE MR. JUSTICE NINALA JAYASURYA


                  WRIT PETITION (PIL) No.313 of 2020
                        (Taken up through video conferencing)



Gajjala Ankal Reddy, S/o. Sidha Reddy,
Aged 49 years, Occ: Agricultural Coolie,
R/o. H.No.5-5-147, Ulimella Village,
Pulivendula Mandal, YSR Kadapa District.
                                                                .. Petitioner

        Versus

The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Amaravathi,
Guntur District and another.
                                                                .. Respondents.


Counsel for the petitioner             : Mr. P. Nagendra Reddy

Counsel for respondents1,2,4 &5         : Mr. Kasa Jaganmohan Reddy, Spl.GP

Counsel for respondent No.3             : Mr. J. Ugranarasimha


Date of hearing                        : 15.09.2021

Date of judgment                       : 24.09.2021


                                  JUDGMENT

(per Arup Kumar Goswami, CJ)

Heard Mr. P. Nagendra Reddy, learned counsel for the petitioner.

Also heard Mr. Kasa Jaganmohan Reddy, learned Special

Government Pleader appearing for respondent Nos.1, 2, 4 and 5, and

Mr. J. Ugranarasimha, learned standing counsel for respondent No.3.

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                                                               W.P(PIL).No.313 of 2020

2. The case of the petitioner in this public interest litigation is that the

Revenue Divisional Officer, Jammalamadugu, YSR Kadapa District, the

fourth respondent herein, had acquired Acres 563.00 cents of land,

including the land of the petitioner, in Gundlamadugu Village, Thondur

Mandal, for the purpose of industrial development by Andhra Pradesh

Industrial Infrastructure Corporation Limited (for short, 'APIICL'), the third

respondent herein. However, the third respondent did not develop the

land into an industrial area on the ground of not receiving environmental

clearance from the Central Government. The District Collector, YSR

Kadapa District, i.e., the second respondent, passed an order dated

16.02.2020 resuming land admeasuring Acres 227.53 cents from the third

respondent on the ground that in spite of lapse of considerable period of

time, the third respondent did not utilize the said land. It is averred that

such resumption was taken recourse to utilize the resumed land for

distribution of house site pattas to eligible beneficiaries under the scheme

'Navarathnalu - Pedalandariki Illu' and that the Tahsildar, Thondur

Mandal, YSR Kadapa District, the fifth respondent herein, had prepared a

layout for distribution of house site pattas to 6,446 beneficiaries of

Pulivendula Municipality. It is pleaded that the petitioner and other

villagers were under the bona fide expectation that with the establishment

of industries, employment opportunities will be generated and local people

will be gainfully employed, but once house site pattas are distributed,

there will be no prospect for industrial development in that area and

thereby, job opportunities will be lost for the local people. It is also

averred that the procedure prescribed under the Board Standing Orders

was not followed while passing the resumption order dated 16.02.2020.

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                                                                W.P(PIL).No.313 of 2020

3. It is in the above background, this public interest litigation came to

be filed.

4. In the counter-affidavit along with the vacate stay petition

(I.A.No.1 of 2021) filed by the second respondent - District Collector, YSR

Kadapa District, it is stated that land to an extent of Acres 825.27 cents

was allotted to the third respondent in the years 2008, 2009 and 2016 for

establishment of industrial development park, but the third respondent

had failed to develop the land for the said purpose. It is also stated that

major part of the land allotted to the third respondent is Government land

and that the same is lying vacant without serving the purpose for which it

was allotted. It is pleaded that as the land was not utilized by the third

respondent, a show-cause notice dated 06.02.2020 was issued to the

Zonal Manager, APIICL, calling for an explanation as to why the land shall

not be resumed for violating the conditions of allotment by not utilizing

the land for the purpose for which it was allotted even after 12 years. In

response to the said show-cause notice, the third respondent had stated

that out of the land allotted to it, land admeasuring Acres 192.00 was

allotted to six industrial units after development of industrial park and that

once layout approval and environmental clearance are obtained, there

may be prospect for industrial development. As the response was not

satisfactory, the impugned order dated 16.02.2020 was passed resuming

Acres 227.00 from the third respondent. It is pleaded that the resumption

order was passed in accordance with law and such resumption was made

in order to facilitate providing of house sites to eligible beneficiaries.

5. In the counter-affidavit filed by the third respondent-APIICL along

with the vacate stay petition (I.A.No.2 of 2021), it is stated that due to

delay in obtaining Gram Panchayat resolution conveying no objection for 4 HCJ & NJS,J W.P(PIL).No.313 of 2020

change of land use, further process of submission of proposals for

approval of layout was delayed and subsequently, on receipt of such

resolution, proposals were submitted for approval of layout and an

application was also made to the State Environmental Impact Assessment

Authority for environmental clearance and that the same is under process.

It is also pleaded that the Government of A.P., vide Memo dated

21.06.2021, has agreed to provide alternative land for industrial

development and accordingly, issued instructions to the District Collector,

YSR Kadapa District, and on such allotment of alternative land, the same

will be utilized for industrial development, which will fulfil the purpose of

industrialization and will create avenues for local employment.

6. The second respondent - District Collector, YSR Kadapa District,

has also filed an additional counter-affidavit endorsing the averments

made in the counter-affidavit of the third respondent regarding issuance

of Memo dated 21.06.2021 by the Government for providing alternative

land to the third respondent for industrial development.

7. Mr. P. Nagendra Reddy, learned counsel for the petitioner, submits

that a Mega Industrial Hub at Kopparthy, YSR Kadapa District, along with

Electronic Manufacturing Cluster, is in the process of being established,

which is about 55 kilometres away from the subject lands. He has further

submitted that in view of what is stated in paragraphs 9.1, 9.2 and 9.3 of

the counter-affidavit filed by the third respondent, the grievance

expressed by the petitioner has been substantially addressed.

8. Mr. Kasa Jaganmohan Reddy, learned Special Government Pleader

appearing for the State respondents, and Mr. J. Ugranarasimha, learned

standing counsel for the third respondent, submit that allotment of house 5 HCJ & NJS,J W.P(PIL).No.313 of 2020

sites to deserving beneficiaries also serves a public purpose and keeping

best interest in mind, some portion of the unutilized land was resumed

from the third respondent and since Mega Industrial Hub would act as a

watershed for industrial development and local employment for the entire

YSR Kadapa District, this public interest litigation may not be entertained

any further.

9. In the light of the submissions made by the learned counsel for the

parties, it will be appropriate to refer to paragraphs 9.1, 9.2 and 9.3 of the

counter-affidavit of the third respondent, which read as under:

"9.1. It is submitted that thus out of the total

extent of Acres 825.27, 262.27 Acres in Rachumarripalli

Village of Pulivendula Mandal and an extent of 563.00

Acres in Gundlamadugu Village of Thondur Mandal,

Y.S.R. District, Acres 220.59 was allotted to several

allottees and Acres 305.30 allottable area will be

available with this respondent for industrial park

development by duly obtaining approvals from the

competent authorities.

9.2. The Government of A.P in Revenue dept.

have vide Memo No. Rev01-LANA0LAND/120/2021-

LANDS.VI dt. 21.06.2021 has agreed to provide

alternate land for industrial development and

accordingly issued instructions to the District Collector,

YSR District. These lands will be utilized by APIIC for

industrial development and for furthering employment

opportunities. Therefore, the avowed purpose of 6 HCJ & NJS,J W.P(PIL).No.313 of 2020

industrialization and local employment are thus being

fulfilled.

9.3. It is further submitted that the corporation

has been taking steps for development of Industries in

the district and as such is in the process of developing a

Mega Industrial Hub at Kopparthy, YSR Kadapa along

with Electronic Manufacturing Cluster (EMC) sanctioned

by the Government of Andhra Pradesh as per G.O.No.87

dated 01.12.2020 and G.O.Ms.44 dated 26.08.2020. The

Government Revenue have alienated an extent of Acs.

598.92 and Acs. 93.99 vide G.O.Ms.No.50, Revenue

(Lands-VI) department dated 03.03.2021 and

G.O.Ms.No.53, Revenue (Lands-VI) department dated

03.03.2021 respectively for this purpose on free of cost

(Total Acs. 692.58). The said EMC is being developed

under the EMC Modified Electronic Manufacturing Cluster

EMC 2.0 scheme of the Government of India with 50%

project cost funded by the Government of A.P. This

Mega Industrial Hub in Kopparthy is located about 55

Kms from the subject lands and the subject lands can

act as watershed for the industrial development and

local employment for the entire district. Further special

incentives, over and above the ones provided by the

Industrial Policy 2020-23, have been extended to

encourage faster industrialization of the area and

presently companies like M/s Dixon Technologies Ltd.

are in the process of implementation of the 11 projects.

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                                                                W.P(PIL).No.313 of 2020

That avowed purpose of faster industrialization and

creating employment through encouraging investment in

the district are well being undertaken by this

respondent."

10. In view of the aforesaid averments and having regard to the

submissions made by the learned counsel for the parties, we are of the

considered opinion that this public interest litigation need not be pursued

any further and accordingly, the same shall stand disposed of.

11. Interim order dated 24.12.2020 shall stand vacated. Pending

miscellaneous applications, if any, shall stand closed. No costs.

ARUP KUMAR GOSWAMI, CJ                            NINALA JAYASURYA, J

                                                                                  IBL
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                                               W.P(PIL).No.313 of 2020

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE &

HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT PETITION (PIL) No.313 of 2020

(per Arup Kumar Goswami, CJ)

Dt: 24.09.2021

IBL