22. Pl see the para 9 NF.

23. The Chief Commissioner of Land Administration and Special Chief

Secretary to Government has made the following observations on the Note
File regarding the proposal of the District Collector, East Godavari for
resumption of un utilized lands of Irrigation Department for providing house
sites.

"Please examine each proposal with reference to the land

classification, Rules regarding water bodies etc.,"

24. In the instant case, the District Collector, East Godavari District has reported
that land measuring an extent of Ac.324.05 cts belonging to Irrigation
Department are not under the utilization of the department and are suitable for
providing house sites to the needy beneficiaries and requested for resumption of
the lands from the Irrigation Department to the Collector for utilizing the same
to provide house sites under “NAVARATNALU – PEDALANDARIKI ILLU”.

25. On verification of the report of the District Collector, East Godavari, it is

revealed that the proposed lands are classified as PantaKaluva, G.P. PantaKaluva,
Polavaram & PushkaraKaluva, PWD Canal, Irrigation Land etc.,.

25. At this juncture, it appears that it may be appropriate to specify the following
GOs/ Orders of Hon’ble Courts/Circular Instructions issued form time to time
for taking a suitable decision in the matter.

26. Vide Memo No.50150/Ass.I(1)/98-1 dt. 2.9.1998, the Government have

issued orders not to grant any permission or consent for converting tank and tank
bed lands and their use for any other purposes in the light of the Orders dated
22.9.1997 in WPMP No.27780/97 in WP No.23829/97of Hon’ble High Court, A.P.

27. Vide Memo No.65961/Assn.I(1)/dt. 8.2.1999, the Government have issued

further orders to the District Collectors to examine the following points invariably
while examining the proposals for conversion of tank bed lands and tanks for any
other purpose in the light of orders dated 8.12.1998 in WP N0.23829/97 of Hon’ble
High Court.

i) The Government are fully committed to the objective of protection of all tanks
which are in use for irrigation and drinking water purposes. these are to be
 carefully preserved and these lands are not prima -facie available for
assignment/alienation etc.,

ii) The Government are also committed to the objective of preservation of all tanks
for the protection of the environment.

iii) Government have been very rarely relaxing the ban orders where the tank
bed lands are required for a public purpose like construction of houses for
weaker sections and provision of land for public weaker sections and
provision of land for public institutions/ organizations, when no tank exist on
ground due sitting, breached bund and no ayacut exist since a long time or
when the catchments area as well as the ayacut itself were converted by the
land owners into built up area and tanks are not receiving water and have
ceased serve been purpose of when tanks were abandoned or have been
defunct due to non-receipt of water or due to formation of channel system.

iv) There are also instances where there are certain irrigation poramboke at a
relatively high level near the tank which are not liable to submersion and
which could be used for other purposes without jeopardizing the tanks, such
lands are fit for deletion from "tank bed" without affecting the tank as per
technical opinion.

v) The Government already issued orders not to convert any irrigation or

drinking water tank, which is in use for any other purpose.

vi) Consider all relevant aspects including the need and justification for the
conversion of tank bed lands for other purposes on the opinion of the technical
authorities and take a suitable decision in each case. The proposals are to be
examined critically keeping in view the public interest and the need for
protecting all tanks, which serve various purposes such as irrigation, provision
of drinking water and the purpose of improving ground water level.

28. Further the Government have issued clarification vide

Memo.No.24140/Assn.I(1)/03-3, Revenue Dept, dt.22-08-2003, that "the tanks,
kuntas, ponds, lakes etc are the sources of irrigation and these water bodies are
helping in maintenance of ecological balance including the scarce resources of
ground water and are indispensable for protection and improvement of
environment. the water resources include projects, reservoirs, tanks, kuntas,
pond, lake, river canal etc. As such the vagu, vanka, river porambokes comes
under water bodies. The vagu, vanka river porambokes attracts the ban imposed
by the Government"
29. That the Government have issued orders constituting District Level Watchdog
Committees under the chairmanship of Joint Collectors for protection of water
bodies and tank beds from encroachments vide G.O.Rt.No.386 (MA&UD) Dept.,
dt. 21.3.2007

30. Vide CCLA’s Ref.No.B2/1543/2012 dt. 18.3.2013, the CCLA & Spl.CS has
issued detailed instructions to the District Collectors to restrict allotment of
environmentally sensitive lands, protect such resources and in rare cases, the
Collectors propose allotment or conversion of lands classified as water body but
there is no trace of such body on ground or there is no irrigation or the lands are
getting encroached for “public purpose” e.g., location of Govt.
offices/Schools/Hospitals etc. in relaxation ban, they must provide sufficient
justification in terms of Govt. Memo No.65961/Assn.I(1)/dt. 8.2.1999 .

31. The government has initiated an important social asset creation program “
PedalandarikiIllu “ by providing house sites to all the eligible poor in the state of
Andhra Pradesh . The above said program is a time bound program and to be
launched on Ugadi 2020.

32. In view of the above position, the District Collectors in the state of Andhra
Pradesh may be delegated as a onetime measure for the successful
implementation of “PedalandarikiIllu” to convert defunct water bodies into
Ayan lands or AWD for the purpose of using said lands for providing house
sites to the weaker sections program with the fallowing conditions and
guidelines

i) The District Collectors shall follow the guidelines issued

videMemo.No.24140/Assn.I(1)/03-3, Revenue Dept, dt.22-08-2003
and the CCLA circular instructions issued vide CCLA’s Ref.No.
B2/1543/2012 dt. 18.3.2013.

ii) The Proposed tank or the water body shall be inspected and
examined by a committee headed by Joint Collector and SE
Irrigation, SE Panchayat Raj, Representaive of AP Pollution
Control Board, District Panchayat Officer and one NGO
nominated by the District Collector as members and recommend
to the District Collector.

33. While recommending, the committee shall examine

i) the present status of the water body,

ii) whether,
 a) any ayacut is existing ,
b) the catchment area is covered with built-up spaces and tanks
are not receiving water and have ceased to serve the purpose
c) have been abandoned
d) have been defunct due to non-receipt of water or due to
formulation of channel system.
34. Further the committee shall also examine catchment and drainage plan of the
area where the tank is located and shall make sure that the drainage lines has
sufficient water carrying capacity and doesn’t leads to water logging of the area.
i) The committee shall also ensure that the free flow of water shall not be
obstructed at any cost.
ii) The committee shall also follow various guidelines and instruction issued by
the Government, High Court and Supreme Court of India on the subject while
making their recommendations.
35. The District Collector shall examine the report submitted by the committee and
shall satisfy himself about the compliances to the guidelines issued by
Government, CCLA and Supreme Court of India and pass orders for conversion
to Ayan or AWD.
i) The District Collector shall also take necessary measures to
avoid any future litigation on the above issue.

Accordingly, Draft letter addressed to the government may be approved

GOVERNMENT OF ANDHRA PRADESH

 REVENUE DEPARTMENT

From To
The Chief Commissioner of The Secretary to Government
Land Administration & Revenue(Lands) Department
Spl. Chief Secretary to Govt. AP Secretariat, Velagapudi.
AP, Vijayawada.

CCLA’s Lr.No.ALN-I(1)/148/2019, Dt.

Madam,

Sub: Lands –East Godavari –Change of classification of lands -

proposed lands for change of classification and resumption for
Government purpose – Proposals – Submitted – Reg.

Ref: Collector, East Godavari District Letter Dt.3.12.2019

&&&

I invite attention of the Government to the reference cited.

It is to inform that, the District Collector, East Godavari District has reported
that land measuring an extent of Ac.324.05 cts belonging to Irrigation/PR
Departments are not under the utilization of the department and are suitable for
providing house sites to the needy beneficiaries and requested for resumption of the
lands from the Irrigation/PR Departments to the Collector for utilizing the same to
provide house sites under “NAVARATNALU – PEDALANDARIKI ILLU”.

On verification of the report of the District Collector, East Godavari, it is

revealed that the proposed lands are classified as PantaKaluva, G.P. PantaKaluva,
Polavaram & PushkaraKaluva, PWD Canal, Irrigation Land etc.,.

At this juncture, it appears that it may be appropriate to specify the following

GOs/ Orders of Hon’ble Courts/Circular Instructions issued form time to time for
taking a suitable decision in the matter.

Vide Memo No.50150/Ass.I(1)/98-1 dt. 2.9.1998, the Government have

issued orders not to grant any permission or consent for converting tank and tank
bed lands and their use for any other purposes in the light of the Orders dated
22.9.1997 in WPMP No.27780/97 in WP No.23829/97of Hon’ble High Court, A.P.

Vide Memo No.65961/Assn.I(1)/dt. 8.2.1999, the Government have issued

further orders to the District Collectors to examine the following points invariably
while examining the proposals for conversion of tank bed lands and tanks for any
other purpose in the light of orders dated 8.12.1998 in WP N0.23829/97 of Hon’ble
High Court.

i) The Government are fully committed to the objective of protection of all

tanks which are in use for irrigation and drinking water purposes. these are
to be carefully preserved and these lands are not prima -facie available for
assignment/alienation etc.,

ii) The Government are also committed to the objective of preservation of all
tanks for the protection of the environment.

iii) Government have been very rarely relaxing the ban orders where the tank
bed lands are required for a public purpose like construction of houses for
weaker sections and provision of land for public weaker sections and
provision of land for public institutions/ organizations, when no tank exist
on ground due sitting, breached bund and no ayacut exist since a long time
or when the catchments area as well as the ayacut itself were converted by
the land owners into built up area and tanks are not receiving water and
have ceased serve been purpose of when tanks were abandoned or have
been defunct due to non-receipt of water or due to formation of channel
system.

iv) There are also instances where there are certain irrigation poramboke at a
relatively high level near the tank which are not liable to submersion and
which could be used for other purposes without jeopardizing the tanks, such
lands are fit for deletion from "tank bed" without affecting the tank as per
technical opinion.

v) The Government already issued orders not to convert any irrigation or

drinking water tank, which is in use for any other purpose.

vi) Consider all relevant aspects including the need and justification for the
conversion of tank bed lands for other purposes on the opinion of the
technical authorities and take a suitable decision in each case. The proposals
are to be examined critically keeping in view the public interest and the need
for protecting all tanks, which serve various purposes such as irrigation,
provision of drinking water and the purpose of improving ground water
level.

Further the Government have issued clarification vide

Memo.No.24140/Assn.I(1)/03-3, Revenue Dept, dt.22-08-2003, that "the tanks,
kuntas, ponds, lakes etc are the sources of irrigation and these water bodies are
helping in maintenance of ecological balance including the scarce resources of
ground water and are indispensable for protection and improvement of
environment. the water resources include projects, reservoirs, tanks, kuntas, pond,
lake, river canal etc. As such the vagu, vanka, river porambokes comes under water
bodies. The vagu, vanka river porambokes attracts the ban imposed by the
Government"

That the Government have issued orders constituting District Level

Watchdog Committees under the chairmanship of Joint Collectors for protection of
water bodies and tank beds from encroachments vide G.O.Rt.No.386 (MA&UD)
Dept., dt. 21.3.2007

Vide CCLA’s Ref.No.B2/1543/2012 dt. 18.3.2013, the CCLA & Spl.CS has
issued detailed instructions to the District Collectors to restrict allotment of
environmentally sensitive lands, protect such resources and in rare cases, the
Collectors propose allotment or conversion of lands classified as water body but
there is no trace of such body on ground or there is no irrigation or the lands are
getting encroached for “public purpose” e.g., location of Govt.
offices/Schools/Hospitals etc. in relaxation ban, they must provide sufficient
justification in terms of Govt. Memo No.65961/Assn.I(1)/dt. 8.2.1999 .

The government has initiated an important social asset creation program “

PedalandarikiIllu “ by providing house sites to all the eligible poor in the state of
Andhra Pradesh . The above said program is a time bound program and to be
launched on Ugadi 2020.

In view of the above position, the District Collectors in the state of Andhra
Pradesh may be delegated as a onetime measure for the successful implementation
of “PedalandarikiIllu” to convert defunct water bodies into Ayan lands or AWD for
the purpose of using said lands for providing house sites to the weaker sections
program with the fallowing conditions and guidelines

i) The District Collectors shall follow the guidelines issued

videMemo.No.24140/Assn.I(1)/03-3, Revenue Dept, dt.22-08-2003 and
the CCLA circular instructions issued vide CCLA’s Ref.No. B2/1543/2012
dt. 18.3.2013.

ii) The Proposed tank or the water body shall be inspected and examined by
a committee headed by Joint Collector and SE Irrigation, SE Panchayat
Raj, Representaive of AP Pollution Control Board, District Panchayat
 Officer and one NGO nominated by the District Collector as members and
recommend to the District Collector.

While recommending, the committee shall examine

i) the present status of the water body,

ii) whether,
a) any ayacut is existing ,
b) the catchment area is covered with built-up spaces and tanks
are not receiving water and have ceased to serve the purpose
c) have been abandoned
d) have been defunct due to non-receipt of water or due to
formulation of channel system.

Further the committee shall also examine catchment and drainage plan of the
area where the tank is located and shall make sure that the drainage lines has
sufficient water carrying capacity and doesn’t leads to water logging of the area.

i) The committee shall also ensure that the free flow of water shall not be
obstructed at any cost.
ii) The committee shall also follow various guidelines and instruction
issued by the Government, High Court and Supreme Court of India on
the subject while making their recommendations.

The District Collector shall examine the report submitted by the committee
and shall satisfy himself about the compliances to the guidelines issued by
Government, CCLA and Supreme Court of India and pass orders for conversion to
Ayan or AWD.

i) The District Collector shall also take necessary measures to avoid any
future litigation on the above issue.

In view of the above, the above facts, along with the report of the Collector,
East Godavari District is sent to the Government with a request to issue necessary
orders, if any, in the matter.

Yours faithfully,

CCLA & Spl.CS