1 NV,J W.P.No.12249 of 2020 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO. 12249 OF 2020 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in highhandedly attempting to construct the Grama Sachivalayam building in the Kunta land namely Annareddy Kunta in an extent of Ac.5-11 cents situated in Sy.No.90-4 of Kagitalapuru village, Manubolu Mandal, as illegal, arbitrary, violative of Articles 14, 21, 19 and 300-A of the Constitution of India and consequently direct the respondents not to construct any structures including Grama Sachivalayam building in the aforesaid land. 2. The petitioners submit that they are residents of Kagitalapuru Village, Manubolu Mandal, SPSR Nellore District. Within the village, there is a water body locally known as Annareddy Kunta, spanning in an extent of Ac.5-51 cents in Survey No. 90-4 of Kagitalapuru Village. The said kunta is the one and only water source for the villagers. While so, Respondents 4 to 6 started leveling operations over the said kunta intending to construct village secretariat, despite the availability of alternative government land within the vicinity. The petitioners have made several representations requesting the authorities to take necessary action, but no action has been taken by the concerned officials. Aggrieved by this inaction, the petitioners have filed the present writ petition. 2 NV,J W.P.No.12249 of 2020 3. During hearing, learned counsel for the petitioners submit that, water bodies, tanks, river beds cannot be encroached and no constructions shall be made. In support of his contention, learned counsel placed reliance on the judgment of the Hon’ble Apex Court in Intellectuals Forum, Tirupathi vs. State of A.P 1. On the strength of the principle laid down in the above judgment, he contends that, no construction can be allowed in the water body like kunta as in the present case. 4. Learned Standing Counsel for Respondent No.6 – Gram Panchayat furnished written instructions received from the Panchayat Secretary, Kagitalapuru Gram Panchayati, Manubolu Mandal, SPSR Nellore vide R.C.no.1/2025 dated 11.09.2025, wherein it is stated that, the land admeasuring an extent of Ac.5-51 cents in Sy.No.90-4 is classified as Annareddykunta. It is further stated that, since the kunta is vested with gram panchayat, the respondents have proposed to make construction at the subject kunta. But, in view of the interim orders of this Court dated 31.07.2020, the respondents did not proceed with the construction at the subject kunta and stopped construction. 5. Heard learned counsel for the petitioners, learned Standing Counsel for Gram Panchayat and perused the material available on record. 1 (2006) 3 Supreme Court Cases 549 3 NV,J W.P.No.12249 of 2020 6. Vide order in I.A.No.1 of 20-20 in W.P.No.12249 of 2020 dated 31.07.2020, this Court granted interim direction as prayed for. Thereafter, the interim order was extended from time to time. 7. The doctrine of “Inter-generational equity” adumbrates that environment is not only for the benefit of the present but also for the future generations. The Supreme Court in eloquent enunciation of the doctrine of public trust held that the State as a trustee of all natural resources is under a duty to protect them. Resources meant for public use cannot be converted into private ownership. The health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution of India. 8. In Hinch Lal Tiwari vs. Kamala Devi and Others2, the Hon’ble Apex Court held that: “The material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution. The Government, including the Revenue Authorities i.e. respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention on developing the same which would, on one hand, have prevented ecological disaster and on the other provided better environment 2 (2001) 6 Supreme Court Cases 496 4 NV,J W.P.No.12249 of 2020 for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment of non-abadi sites”. 9. Thus, the Hon’ble Supreme Court specifically held that hillocks, water bodies and other natural resources are the bounty of the nature and the same cannot be allotted to any public and no private ownership can be created on such lands. 10. In the present case, if the water body is encroached and if any construction is made upon the said water body, certainly it would amounts to creating private ownership on the natural resources. 11. However, in view of the clear and categorical admission made by the Panchayat Secretary, Kagitalapuru Gram Panchayat vide written instructions dated 11.09.2025 that no constructions were carried out pursuant to the interim orders of this Court and in view of the classification of the subject land as kunta. In view of the same, the respondents are restrained to make any constructions at the Annareddy Kunta, which is classified as water body. 12. With the above direction, writ petition is disposed of. No costs. 13. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J Date: 11.09.2025 SP 5 NV,J W.P.No.12249 of 2020 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12249 OF 2020 11.09.2025 W SP