1. This is a writ of Mandamus filed by the petitioner declaring the inaction of the respondents 2 and 3 in considering the petitioner’s representation dated 07.06.2020 to take necessary action against 4th respondent for converting the 35 feet wide road into plots in a layout earmarked road in Survey No 484 situated at Kirekera Panchayath, Hindupur Mandal, Anantapur District.2. The 4th respondent-T.Rajasekhar without having any right over an extent of 35 feet road trying to convert the road into plots without obtaining any approval of the 2nd respondent-the Secretary of Gram Panchayat Kirekera village. It is further alleged that the 4th respondent had removed 7 trees situated besides the road without obtaining prior permission from the Forest department. The road was meant for public purpose, and it was ear marked by the Gram Panchayat. It is also alleged that the 4th respondent has been trying to demolish Bathroom-cum-latrine in the site of the petitioners in an extent of 15 feet on East-west and 20 feet on North-South of site in Sy No.48/1, situated at Kirekera village.3. Heard arguments of learned counsel for the petitioners. Learned Government Pleader for Panchayat Raj, who takes notice on behalf of R-1, learned Standing Counsel for Gram Panchayat, who takes notice on behalf of R-2 and learned Government Pleader for Home, who takes notice on behalf of R-3, and disposed of the matter with the consent of all the parties at the stage of admission.4. On consideration of the submissions of learned counsel for the petitioners and the respondents, it is obvious that the petitioner is seeking a remedy against 4th respondent that he is trying to occupy the land shown as 30 feet road by converting the same into plots, and in that process removed 7 trees situated besides the road, without obtaining prior permission from the Forest department.5. The first relief sought for by the petitioner is against the 4th respondent, who is a private respondent who is trying to demolish bathroom-cum-latrine in Sy No.481.6. In fact, the petitioner has got an alternative remedy against the private person who is trying to interfere into the possession of his bathroom-cum-latrine. He can as well approach a civil court and seek for permanent injunction.7. As far as the other relief is concerned, the petitioner may make a representation to the Gram Panchayat against the 4th respondent who is trying to encroach into the road belongs to the Gram Panchyat;8. In fact, there are many disputed questions of facts to be decided in this writ petition. Unless the petitioner comes with all the material, it is not possible to resolve the questions of facts. The petitioner has filed copy of the representation submitted to the Panchayat Secretary on 07.06.2020, and the acknowledgements to prove the receipt of representation by the Panchayat. The petitioner has filed the deed of conveyance in respect of schedule property ‘A’ bearing No.481, and the plot Numbers located within the jurisdiction of Kirekera Gram Panchayat, along with a copy of sanction of layout by Grama Sarpanch, Kirikera Gram Panchayat. The lay out was approved subject to certain conditions by the Gram Panchayat. When the Gram Panchayat has approved the lay out, the petitioner has to challenge the approval of the lay out by the Gram Panchayat by following the procedure contemplated under the provisions of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 (for short “the Act”). Sections 3 and 4 deals with the Application for Lay Out Permission and Minimum requirement for approval of layout, which reads as under:3. Application for Layout Permission. - (1) Every person or a corporate body of the Government or a private corporate body who intends to undertake or carry out layout or development work shall apply in writing to the Executive Authority of such intention in the form prescribed in Annexure-A appended to these rules.(2) The layouts prepared by the Revenue Department for distribution of pattas to the weaker section shall be in accordance with these rules. In case of Weaker Section Housing Programme the guidelines issued by the State Government should invariably be followed.(3) The application for permission shall be accompanied by,-(i) A site plan drawn to scale of not less than 1: 1000 showing all Physical details of the land, boundaries of the land, the surrounding existing layouts/ lands, and existing approach road to the land where the layout is proposed;(ii) A Layout Plan (in required number of copies) drawn to a scale of not less than 1:500 showing boundaries of land, proposed number of building plots with dimensions and area of each plot and its uses as per these rules, alignment and width of the proposed streets/roads, dimensions and areas of open space provided according to these rules;(iii) A Statement of the details and dimensions of each plot, percentage of area under open spaces, roads, amenities and plotted area;(iv) High Tension/Low Tension electricity Lines, water mains, sewer lines, telephone and telegraph lines, alignment and right-of-way of National/State highways. Major/ Minor District Roads passing through the layout site;(v) Certificate of Undertaking in prescribed From jointly by owner and qualified surveyar/Engineer (appended at Annexure-I), for carrying out the development works as per standards.(vi) Copy, of the ownership documents of the plot/property/land concerned together with a Non-Encumbrance Certificate from the Registration Department.(vii) Certificate of demarcation of site by Assistant Director, Survey and Land Records, Department;(viii) Layout scrutiny charges and inspection charges as prescribed in the Personal Deposit Account of Director of Town and Country Planning.(ix) A Security Deposit as prescribed by the Government for the due fulfillment of the conditions imposed or in lieu of such deposit, a security in the shape of land of such extent equivalent in the value of cash deposited in the area covered by the layout shall be mortgaged through a registered mortgage deed in favour of Gram Panchayat or in the form of bank guarantee equivalent to the amount of security deposit in the form prescribed in Annexure-D appended to these rules.(4) The owner of any land or groups of owners/developers who intend to subdivide or layout the land into building plots in the Revenue Survey Nos. area of the Village, i.e., outside the Gram Kan tarn or settlement area shall;(a) apply to the Executive Authority for necessary layout permission as prescribed in sub-rule (1) and in accordance with these rules;(b) carry out the layout development works as per specifications and standards appended in Annexure-B of these rules before disposing the plots.(5) For a plot abuttiang existing major roads or highways, plot sub-division permission is necessary, which has to comply with these rules. No building permission shall be entertained unless such sub-division permission is obtained first and all charges as mentioned in Rules 5(3) and 5(4) are paid.(6) For areas covered by Indicative Land Use Plans of Mandal head quarters, approved by the Director of Town and Country Planning, the proposals shall be in conformity with such development plan and provisions contained therein.4. Minimum requirement for approval of Layout. - (1) The Layout proposal shall conform to the requirements:(a) shall have approach through an existing road, the width of such shall not be less than 10 meters (in case of land-locked plots, the owner has to ensure the approach road through neighbouring lands accordingly;(b) minimum width of proposed roads in the layout shall be 10 meters for residential and 12 meters for all nonresidential layouts. Notwithstanding the above minimum width, the Executive Authority may insist upon larger road widths depending upon local conditions or importance of any particular road etc., as appended in Annexure-C. The width of the roads in the layouts General Town Planning Scheme or the Indicative Land Use Plan or Master Plan, if any in force;(c) minimum open space set apart in the proposed layout for playground /park /educational institution or for any other public purpose shall be at the rate of 10% of the total site area;(d) the minimum plot size for nonresidential layouts shall be 300 Sq. Meters except in case of Commercial or Mercantile buildings for which the minimum plot size shall be 18 Square Meters.(e) the layout proposals shall comply with the restrictions mentioned in Rule 5 of these rules.(f) the applicant should provide a service road of minimum 10 meters width for the layout if the land is abutting to National Highway having less than 600 meters width.Section 5 deals with required specifications and conditions, which reads as under:5. Required specifications and conditions. - (1) The owner of a site shall undertake the following works under the supervision of Executive Authority with the surveyors after intimation of the layout approval by the Executive authority:(i) leveling with suitable gradient and formation of all roads with subsurface, kerbstones, metalling of the carriageway, side drains as per specifications in Annexure-B;(ii) Construction of drains and channelization of nalas for allowing storm water run-off. These may be channelised in such a way as to conserve or harvest the water in nearest water body or public open space, etc.;(iii) Undertake greenery in the layout including avenue Plantation, in public open spaces, etc.;(iv) Fencing of open spaces;(v) Unless the conditions specified above are fulfilled, the owner shall not be entitled to utilize, sell, lease or otherwise dispose of the land or any portion thereof;(2) The following works shall be undertaken through the Executive Authority upon payment of proportionate charges at a latter date:(a) street lighting and electricity facilities;(b) Provisions of sewerage disposal system and protected water supply system are optional;(3) Application scrutiny fees and other charges to be levied by the Executive Authority;The Applicant shall pay the layout inspection and scrutiny fees in the Personal Deposit account of Director of Town and Country Planning as prescribed by the Government from time to time-(4) Other Charges. - In additional to the above, the Executive Authority shall levy development charges and betterment charges as specified by the Collector or Government as the case may be.In Section 7, the duration of sanction was specified as two (2) years, which reads as under:7. Duration of sanction. - The permission for layout development shall remain valid for two years during which time the layout works shall be completed, and if not completed the permission for layout development shall be revalidated on application subject to the rules the in force and payment of 10% of the fees and charges9. There is also procedure contemplated for revoking of permission. Whenever there are deviations during construction undertaking of layout works, Section 9 deals with it.“9. Deviations during construction/ undertaking of layout works. - It during the execution of any layout, any deviation is made from the sanctioned plan the owner shall obtain revised sanction as per the above procedure and rules.”10. There is certain procedure contemplated under Panchayat Raj Act referred above for undertaking layouts and in case of any deviation, action to be taken thereunder.11. The petitioner sought for a direction to the respondents 2 and 3 to stop the conversion of 35 feet road by the respondent No.4 by demolishing petitioner property in Survey No.48-1 situated at Kirekera village, Hindupur Mandal. The petitioner is doing Agarabathi business under the name and style of “Cycle Pure Agarabathies”. He purchased 18 plots in Survey No.48-1 situated at Kirekera village. The 4th respondent entered in Survey No.48-4 and cut 7 trees on either side of the road for the purpose of laying the plots. The petitioner approached the respondents 2 and 3 by giving complaints to them against the 4th respondent, for conversion of 35 feet road into plots and trying to demolish the bathroom and toilet of the petitioner.As per Article 226 of Constitution of India, Natural justice may be excluded by statutory provision :“Natural justice does not supplant but supplement the law (Union of India v Sinha J.N (AIR 1971 SC 40(42). Hence,(a) Where a statute is silent or its provisions can be read consistently with the principles of natural justice, the Court should do so, on the presumption that the Legislature intended the statutory authority to act in accordance with natural justice (Union of India v. Sinha J.N. (AIR 1971 SC (42).(b) If, however, a statutory provision expressly or by necessary implication (Cf.Hira Nath Mishra v. Principal, Rajendra Medical College, (AIR 1973 SC 1260 (1264) excludes the application of any rule of natural justice (e.g. bias Madhavan Pillai,M. v. Balan K.A. (AIR 1979 Ker 120 (123) FB : 1979 Ker LT 220) ) the Court cannot ignore the mandate of the Legislature (Union of India V Sinha J.N (AIR 1971 SC 40(42) . Hence, the application of natural justice to a particular case will depend upon the provisions of the statute conferring the power, the nature of the power, the purpose for which it is conferred and the effect of the exercise of that power (Union of India v Sinha J.N (AIR 1971 SC 40 (42).(c) Where the statute under which an authority functions provides for the observance of the principles of natural justice in a particular manner, natural justice will have to be observed in that manner and no other (Cf Hira Nath Mishra v. Principal, Rajendra Medical College (AIR 1973 SC 1260 (1264)andEffects of violation of natural justice : Where natural justice is not excluded by the relevant statute expressly or by necessary implic
Please Login To View The Full Judgment!
ation, violation of the requirements of natural justice, by denying an opportunity to be heard, will render the impugned decision or order void (Chintapalli Agency Taluk Arrack Sales Co-op Society Ltd v. Secy. Govt of A.P.(AIR 1977 SC 818 (para 92) irrespective of any question of prejudice or material injusitce caused to the affected party (S.I. Kapoor v Jagmohan (AIR 1981 SC 136) , or where action has been taken against that party on the basis of admitted facts, (S.I. Kapoor v Jagmohan (AIR 1981 SC 136 (para17-24), except where it would be futile to issue the writ (S.I. Kapoor v Jagmohan (AIR 1981 SC 136 (para 17-24)”12. The principles of natural justice are be followed by the respondent being Gram Panchayat a Governmental authority. The 2nd respondent being the Gram Panchayat is expected to receive the complaint as a local authority and act in accordance with law. IN this case, the 2nd respondent has not acted upon the complaint of the petitioner.13. Therefore, the 2nd respondent is directed to act upon the representation of the petitioner in accordance with law and take appropriate action in this matter.14. It is needless to say that the petitioner may avail appropriate remedy available to him under law against the 4th respondent, who is an unofficial respondent, with regard to the alleged encroachment in his site and trying to remove his bathroom and latrine.15. With these observations, the Writ Petition is disposed of. No order as to costs.Miscellaneous petitions, if any, pending shall also stand closed.