Andhra Pradesh High Court – Amravati
Boddusatyavathi vs The State Of Andhra Pradesh on 15 July, 2026
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION No.12895 of 2022
Between:
1. BODDUSATYAVATHI, W/O.RAMU BONDAPALLIMANDALAM,
KOTHAPALEM, VIZIANAGARAM - 535221.
2. GORLEVENKATARAMANA, S/O GORLESATHYANARAYANA
VARRIVEEDHI, KOTHAPALEM, VIZIANAGARAM - 535221.
3. DEVUPALLINARAM NAIDU, S/O ACHHANNA
C-93 VARRIVEEDHI, BONDAPALLIMANDALAM,
KOTHAPALEM, VIZIANAGARAM - 535221.
4. VARRISANYASAPPADU, S/O NAYANAPPA,
H.NO 1-63A, MAJJIVEEDHI, BONDAPALLIMANDALAM,,
KOTHAPALEM, VIZIANAGARAM - 535221.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH,
REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT
DEPARTMENT OF MINES AND GEOLOGY NELAPADU,
AMARAVATHI, GUNTUR DISTRICT.
2. THE ASSISTANT DIRECTOR, MINES,
OFFICE OF MINES AND GEOLOGY,
VIZIANAGARAM, ANDHRA PRADESH
3. THE DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR,
VIZIANAGARAM, ANDHRA PRADESH.
4. THE EXECUTIVE ENGINEER, IRRIGATION,
OFFICE OF THE IRRIGATION DEPARTMENT,
VIZIANAGARAM.
5. THE COMPETENT AUTHORITY LAQ,
REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, VIZIANAGARAM,
ANDHRA PRADESH
...RESPONDENT(S):
2
DATE OF JUDGMENT PRONOUNCED: 15.07.2026
SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
1. Whether Reporters of Local newspapers Yes/No
may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No
marked to Law Reporters/Journals?
3. Whether Their Ladyship/Lordship wish to Yes/No
see the fair copy of the Judgment?
___________________________________
JUSTICE MAHESWARA RAO KUNCHEAM
3
* HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
+ WRIT PETITION No.12895 of 2022
% 15.07.2026
BODDUSATYAVATHI, W/O.RAMU BONDAPALLIMANDALAM,
KOTHAPALEM, VIZIANAGARAM – 535221 & 3 others
… Petitioners
Vs.
THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF
SECRETARY TO GOVERNMENT DEPARTMENT OF MINES AND
GEOLOGY NELAPADU, AMARAVATHI, GUNTUR DISTRICT
& 4 OTHERS
… Respondents
! Counsel for Petitioners : Alekhya Reddy Tadasina
^ Counsel for Respondents : GP FOR REVENUE
GP FOR IRRIGATION COMM
AREA DEV
GP FOR MINES AND GEOLOGY
THE ADVOCATE GENERAL
? CASES REFERRED : 36 L Ed 1018 (1892)
(1997) 1 SCC 388
(1995) 2 SCC 577
(2000) 6 SCC 213
(1981) 2 SCC 205
(2012) 3 SCC 1
2024 SCC OnLine SC 1796
(1999) 8 SCC 266
(2011) 8 SCC 568
4
Date of Reserved:08.05.2026
Date of pronouncement: 15.07.2026
Date of uploading: 15.07.2026
APHC010219002022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
WEDNESDAY, THE 15th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 12895 of 2022
Between:
1. BODDUSATYAVATHI, W/O.RAMU BONDAPALLIMANDALAM,
KOTHAPALEM, VIZIANAGARAM – 535221.
2. GORLEVENKATARAMANA, S/O GORLESATHYANARAYANA
VARRIVEEDHI, KOTHAPALEM, VIZIANAGARAM – 535221.
3. DEVUPALLINARAM NAIDU, S/O ACHHANNA C-93 VARRIVEEDHI,
BONDAPALLIMANDALAM, KOTHAPALEM, VIZIANAGARAM – 535221.
4. VARRISANYASAPPADU, S/O NAYANAPPA, H.NO 1-63A,
MAJJIVEEDHI, BONDAPALLIMANDALAM, KOTHAPALEM,
VIZIANAGARAM – 535221.
…PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF
SECRETARY TO GOVERNMENT DEPARTMENT OF MINES AND
GEOLOGY NELAPADU, AMARAVATHI, GUNTUR DISTRICT.
2. THE ASSISTANT DIRECTOR, MINES, OFFICE OF MINES AND
GEOLOGY, VIZIANAGARAM, ANDHRA PRADESH
3. THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR,
VIZIANAGARAM, ANDHRA PRADESH.
4. THE EXECUTIVE ENGINEER, IRRIGATION, OFFICE OF THE
IRRIGATION DEPARTMENT, VIZIANAGARAM.
5
5. THE COMPETENT AUTHORITY LAQ, REVENUE DIVISIONAL
OFFICER, OFFICE OF THE RDO, VIZIANAGARAM, ANDHRA
PRADESH
…RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue any order, direction, writ more particularly one in the nature of
Writ of Mandamus, declaring the actions of the Respondents, more
particularly respondent no.3 in permitting the concessionaires and other
organisations to excavate and shift sand and gravel from nearby ponds
existing in the nearby villages for construction work relating to National
Highways including the issuance of the proceedings vide Rc No
2292/2015/G3/Dt. 08.04.2022 and Rc No 2292/2015/G3/Dt. 15.04.2022 as
illegal, arbitrary, unconstitutional, without jurisdiction and contrary to the
provisions of Mines and Minerals (Development and Regulation) Act, 1957,
A.P. Minor Mineral Concession Rules, 1966 and Andhra Pradesh Mineral
Dealer Rules, 2017and consequently direct the respondents to forthwith stop
the illegal mining operations happening in the kannamnaidu water pond,
KothtapalleVilalge, BondapalleMandalam and set aside the impugned
proceedings and passIA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondents to forthwith stop the illegal mining operations
happening in the Kannaninaidu water pond, Kothapalle Village,
BondapalleMandalam by suspending the impugned proceedings pending the
final disposal of the writ petition and pass
Counsel for the Petitioner(S):
1. ALEKHYA REDDY TADASINA
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR IRRIGATION COMM AREA DEV
3. GP FOR MINES AND GEOLOGY
4. THE ADVOCATE GENERAL
6THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.12895 of 2022The Court made the following Order:
Instant Writ Petition has been filed under Art 226 of the Constitution of
India with the following main prayer:
“to issue any order ,direction , writ more particularly one in the nature of
Writ of Mandamus declaring the actions of the Respondents more
particularly respondent no.3 in permitting the concessionaires and other
organisations to excavate and shift sand and gravel from nearby ponds
existing in the nearby villages for construction work relating to National
Highways including the issuance of the proceedings vide Rc No
2292/2015/G3/Dt 08 04 2022 and Rc No 2292/2015/G3/Dt 15 04 2022
as illegal arbitrary unconstitutional without jurisdiction and contrary to
the provisions of Mines and Minerals Development and Regulation Act
1957 A P Minor Mineral Concession Rules 1966 and Andhra Pradesh
Mineral Dealer Rules 2017and consequently direct the respondents to
forthwith stop the illegal mining operations happening in the
kannamnaidu water pond Kothtapalle Village, Bondapalle Mandalam
and set aside the impugned proceedings and pass may deem fit and
proper in the circumstances in the case”.
2. Petitioners are aggrieved by the action of Respondent No.3 in
permitting concessionaires and other organisations to excavate sand and
gravel from nearby ponds/water bodies existing in the nearby villages for
construction work relating to National Highways.
3. Brief facts of the case is as follows:
7
i) Petitioners are farmers in Kothapalem Village, Bondapalli Mandal,
Vizianagaram District and “Kannamnaidu Water Pond” is the only
source of water to carry out their agricultural activities and it acts
as source of water for nearby villages spreading up to nearly
2,000 acres. Petitioners submit that Government of India, issued
a Notification for acquisition of land in Vizianagram District, for the
development of Economic Corridors, Inter Corridors, Feeder
Routes and Coastal Roads to improve the efficiency of freight
movement of India (Lt-3/Odisha &Jharkhand-Kurd-Ondarangi
Section of Raipur-Vishakapatnam EC Extension upto
Vizianagaram in the State of Andhra Pradesh from 363.62 Kms to
458.05 Kms Section of NH130CD.)
ii. Concessionaires of the National Highway Project requested the
District Collector i.e., Respondent No.3 to excavate and shift the
soil and gravel from the nearby ponds in the existing villages, for
the purpose of construction of National Highway and that in the
reply to the said request, the District Collector straightaway
directed Respondent Nos.2 and 4 vide Rc.No.2292/2015/G3/
Dt.08.04.2022 and Rc.No.2292/2015/G3/Dt.15.04.2022 to
facilitate the concessionaires to excavate and shift the soil and
gravel from the ponds in the nearby villages identified by the
Respondent No.5/Competent Authority (L.A.)NH-130 CD &
8Revenue Divisional Officer, Vizianagaram, for the construction
purpose, so as to facilitate the concessionaries for the work.
4. Learned counsel for the petitioners submit that the action of the 3rd
Respondent (District Collector) in issuing Rc.No.2292/2015/G3/Dt.08.04.2022
and Rc.No.2292/2015/G3/Dt.15.04.2022 to Respondent Nos.2 and 4 is
grossly illegal and arbitrary, as the District Collector is not having any authority
or jurisdiction.
5. Learned counsel further submits that even assuming a moment that the
work of National Highway is in the interest of the public, the mere use of the
term „public interest’ does not permit the authorities to violate mining rules,
where environmental and other ecological issues are directly involved.
6. Learned counsel for the petitioners contend that as per the Andhra
Pradesh Minor Mineral Concession Rules, 1966, the soil and gravel are Minor
Minerals and as per the Andhra Pradesh Minor Mineral Concession Rules,
1966; Andhra Pradesh Mineral Dealers Rules, 2017; and Mines and Minerals
(Development & Regulation) Act, 2017, no person shall undertake quarrying of
any minor mineral in any area expect either under the conditions stipulated
therein of a lease agreement or under a permit granted to the persons under
the Andhra Pradesh Minor Mineral Concession Rules, 1966.
7. Learned counsel further argues that identification of the place to
excavate the soil and gravel cannot be done, at the whims and fancies of the
9
Respondents and submits that proper identification has to be done in
consultation and approval of the conservator of water bodies.
8. Learned counsel further asserts that in order to excavate the soil and
gravel from the Kannamnaidu Water Body, an application has to be made
before concerned authorities including Respondent No.2 and other numerous
permissions are required to be taken before excavating the soil and gravel,
including transit passes and dispatch permits. He submits that in the present
case, no such application has ever been made to excavate the soil from
Kannamnaidu Water Body.
9. At last, he contends that the District Collector has subsumed the
jurisdiction of the Mines Department and illegally issued the impugned
proceedings. It is also stated that the petitioners along with the other villagers
have also made a representation to the respondents and other officers to
immediately stop the concessionaries from excavating and shifting the soil
and gravel from Kannamnaidu Water Body. But, the respondents have not
paid any heed to the requests of the petitioners and are helping the
concessionaries to further excavate and shift the soil and gravel illegally.
10. Learned Government Pleader for Mines and Geology appearing on
behalf of respondent Nos.1 and 2 submits that Respondent No.3 has issued
instructions vide Rc.No.2292/2015/G3, dated 08.04.2022 to the 2nd
Respondent stating that the competent authority (LA) NH-5130 CD & Revenue
Divisional Officer, Vizianagaram has reported that the Government of India
has issued notification for acquisition of land in Vizianagaram District, for
10
development of Economic Corridors, Feeder Routes and Coastal Roads to
improve the efficiency of freight movement of India (Lot-3/Odisha and
Jharkhand-Kurd-Ondarangi Section of Raipur-Visakhapatnam EC Extension
upto Vizianagaram and from 363.32 Kms to 458.05 Kms Section of NH-130)
and as a part of the above project, construction work is going on in certain
places in the district and the concessionaries who are holding the construction
work have requested to shifting of gravel/Earth from the nearby places, for
construction work and also excavation of sand from the nearby ponds existing
in the nearby villages, for construction purpose.
11. He further submits that, the 3rd Respondent requested the 2nd
Respondent to permit the concerned, for shifting of gravel and excavation of
sand from the ponds in the nearby available villages, as identified by the
Competent Authority (L.A) NH- 130CD & Revenue Divisional Officer,
Vizianagaram, for construction purpose, so as to facilitate the concessionaries
for speedy completion of the work.
12. Learned Government Pleader contends that as per office records, no
applications were received from the concessionaries for issue of permit,
consequent to the instructions issued by the 3rd Respondent in
Rc.No.2292/2015/G3, dated 08.04.2022 and as such, no permits were
accorded to any concessionaries from this office to excavate the soil and
gravel from the nearby ponds in nearby villages to the Highway works as
contended by the petitioner. He asserts that the permits can be issued on
collection of necessary Seigniorage Fee, application fees, rents and rates as
11
prescribed by the Government under Andhra Pradesh Minor Mineral
Concession Rules, 1966, after receipt of necessary orders from the concerned
mining authorities.
13. It is apt to note that, except the 2nd Respondent, no other Respondents
have filed counter-affidavit. In fact, the Respondent Nos.2 and 3 filed Memos
by compilation of their concerned departments G.O‟s and Memos/Circular
Instructions in respect of Water Bodies, Tanks, Bed Lands etc.
14. It is pertinent to note that, this Court on 06.05.2022 observed that the
impugned proceedings does not contain any guidelines and that giving such a
general permission is clearly not conductive to the ecological balance of the
water bodies and suspended the proceedings, by leaving it open to the District
Collector, Vizianagram, to issue fresh proceedings, after taking into
consideration, the requirement to maintain the ecological balance of water
bodies including ponds in the villages and after setting out guidelines, as to
how such excavation is to be carried out. Thereafter, the matter was listed on
16.02.2026 and there was no representation for the petitioner on that day and
later, when the matter was subsequently listed on 20.02.2026, in view of the
gravity of issue on hand, this court directed the learned Government Pleader
for Revenue and learned Government Pleader for Irrigation to submit their
respective departmental G.O.‟s/Memos/Guidelines etc,. in respect of
preservation and protection of water bodies and to prepare comprehensive
report in detail, more particularly, the remedial measures taken for preserving
water bodies across the State.
12
15. Further, the matter was adjourned twice to give time to learned
Government Pleaders to submit their respective response. At last, when the
matter was listed on 01.04.2026, the learned Government Pleader has
submitted their respective compilation, and on that date, this Court after taking
into consideration of all the facts and circumstances, has passed an order,
wherein the relevant portion is extracted hereunder:
“4. Today when the matter is taken up for hearing, respective
Government Pleaders submitted that they have complied with the
earlier orders of this Court and filed respective compilation of
Government Memo and other documents.
5. After glancing the relevant material filed by the respective parties, this
Court by exercising power under Article 226 of the Constitution of India
and also after taking note of the judicial notice of successive cases
being filed before this Court alleging the illegal excavation of natural
resources i.e., water bodies, hillock etc., particularly minor,
6. Added to that keeping in view Doctrine of Salus Populi Suprema
lex (the welfare of people in the supreme law) and also Doctrine of
Public Trust, as the same were recognized right from vedic period as
well as Indian dynasties some of them are Mourya, Gupta, Chola,
Vijayanagara, which are being followed by the Apex Court and this
Court in catena of judgments as well as multiple statutory frame works
codified by our legislative bodies.
7. In fact, the Executive Authorities also issuing repeated Memos by
merely mentioning specific orders of the Constitutional Courts for
instance Govt.MemoNo.50150/Assn.J(1)/98.1 dated 02.09.1998 was
issued by the Government of Andhra Pradesh wherein by mentioning
interim order dated 22.09.1997 in WP MP No.27780 of 1997 in WP
No.23829 of 1997 passed by the common High Court at Hyderabad
issued specific measures to all the District Collectors in the entire state
13which seems to remain as mere communication in the concerned
Government Office files. But its true letter and spirit is lacking in its
implementation by the ground level office personnel.
8. In view of the above peculiar aspects involved in the lis, as well
as similar cases are being filed day in and day out, this Court venture
into pass the following order.
9. All the parties are hereby directed to come up with effective
appropriate measures comprehensively within the statutory realm more
particularly, in view of significance of the lis, as well as series of
identical/similar cases are pending before this Court, Chief Secretary to
State of Andhra Pradesh is hereby directed to look into above aspects
and give suitable instructions to all the concerned respondents to
submit their concerned departmental measures etc., and thereafter
codifying the same in a structured manner in the form of Standard
Operating Procedures (SOP), with a sole intention to prevent/address
the illegal, irregular acts which are greatly damaging the water bodies in
multiple facets.
10. Registry is directed to serve a copy of this Order to the Chief
Secretary to the Government of Andhra Pradesh, the Principal
Secretary-Irrigation Department, the Principal Secretary-Revenue
Department, the Principal Secretary-Land Acquisition Department and
also to the learned Advocate General, High Court of Andhra Pradesh,
for taking effective steps to reach logical end in the lis.
11. Registry is directed to print the name of learned Advocate
General for the respondents in the cause list.”
Emphasis supplied.
16. Idea of conserving and protecting the nature is not a modern
development because the concept of respecting, protecting and conserving
the nature has been in existence, since ancient times across the world. More
particularly, in our Indian context, our ancient scriptures teaches us to respect
14
and worship the earth, sky, rivers, plants which all form part of nature and the
same is rooted in the belief that such resources are intended for common
benefit of all living beings.
17. Water and other natural resources has always been regarded as a
sacred and life-sustaining resource across the world’s major religions,
reflecting the essence of the Doctrine of Public Trust. In Hinduism, rivers such
as the Ganga, Yamuna, and Godavari are revered as divine mothers, and
water is considered a purifier of the body, mind, and soul. The Vedas and
other Hindu scriptures emphasize that natural resources are gifts of nature
meant for the welfare of all living beings and should not be polluted or
monopolized.
18. In Christianity, water symbolizes life, purification and renewal, as seen
in the sacrament of baptism and numerous Biblical references describing
water as God’s blessing for all humanity. The Bible teaches that the Earth and
its resources belong to God and human beings are merely stewards entrusted
with their protection and responsible use.
19. Similarly, in Islam, water is regarded as a divine gift and a source of life.
Islamic teachings prohibit wastage and contamination of water and recognize
that all people have an equal right to access this essential resource. Thus, the
shared values of Hinduism, Christianity, Islam and all other communities
recognize water not as private property but as a common heritage entrusted to
human kind for preservation and equitable use from generation to generation.
These religious principles closely align with the Doctrine of Public Trust.
15
20. The “Doctrine of Public Trust” is based on a principle that certain
resources like air, sea, water, forests etc are gifts of nature and should be
made available to all the people and as such, it must be held by the State as a
trustee for the public, as it would be unjustified to subject these valuable
resources to private ownership. The doctrine imposes a duty on the State to
preserve and protect the resources in the public interest as to preserve the
natural resources for present and also for future population.
21. In this context, it is apt to note that the Doctrine of Public Trust has its
origin in Roman Law, whereas under English common law, the Sovereign
could own the natural resources but the ownership was limited in nature and
the Crown could not grant these properties to private owners, if such grants
would interfere with the public interests in navigation or fishing. The United
States Supreme Court, in the case of Illinois Central Railroad Co Vs People
of State of Illinois1, vividly explained its substantial thoughts in the domain of
Doctrine of Public Trust and the Hon‟ble Supreme Court of India in the case of
M.C. Mehta v. Kamal Nath2, have discussed the philosophical basis and
observed as under:
“34. Our legal system based on English common law includes the public
trust doctrine as part of its jurisprudence. The State is the trustee of all
natural resources which are by nature meant for public use and
enjoyment. Public at large is the beneficiary of the sea-shore, running
waters, airs, forests and ecologically fragile lands. The State as a
trustee is under a legal duty to protect the natural resources. These1
36 L Ed 1018 (1892)
2
(1997) 1 SCC 388
16resources meant for public use cannot be converted into private
ownership.”
Thus, Apex Court of India in its unequivocal words explained the origin,
significance in a meaningful manner and recognized it as an integral and
inextricable part of Indian Jurisprudence. The Court categorically held that the
public trust doctrine is part of law of this country.
22. Significantly, preservation and protection of environment has been
recognized as an integral part of Right to Life guaranteed under Article 21 of
the Constitution of India.
23. In Virender Gaur v. State of Haryana3, Hon‟ble Supreme Court
observed that the Right to Life under Article 21 of Constitution of India,
extends beyond mere physical existence and includes Right to Live with
human dignity in a clean, safe and healthy environment, for which protection
and preservation of the environment, maintenance of ecological balances and
access to unpolluted air and water are just necessary and held that the State
has to forge in its policy to maintain ecological balance and hygienic
environment.
24. Further, Articles 48-A and 51-A(g) of the Constitution, lays down a
strong foundation pertaining to environment, preservation of forests, wildlife,
rivers and lakes. Constitutional philosophy enshrined in these constitutional
provisions must be implemented in its stricto sensu. For better understanding
Article 48-A and Article 51-A(g) of the Constitution is delineated as under:
3
(1995) 2 SCC 577
17“48-A. Protection and improvement of environment and safeguarding of
forests and wildlife. The State shall endeavour to protect and improve
the environment and to safeguard the forests and wildlife of the
country.”
“51-A. (g) to protect and improve the natural environment including
forests, lakes, rivers and wildlife, and to have compassion for living
creatures”.
Emphasis supplied
25. Whereas the Apex Court in M.C. Mehta v. Kamal Nath4, held that
Articles 48A and 51A(g) of the Constitution of India must be interpreted in light
of Article 21 of Constitution of India. In this context, it is significant to extract
the relevant portion:
“8. …. These two articles have to be considered in the light of Article 21
of the Constitution, which provides that no person shall be deprived of
his life and liberty except in accordance with the procedure established
by law. Any disturbance of the basic environment elements, namely air,
water and soil, which are necessary for “life”, would be hazardous to
“life” within the meaning of Article 21 of the Constitution.”
26. In State of Tamil Nadu v. M/s. Hind Stone and Others5, the Hon‟ble
Supreme Court observed that natural resources, including minerals, are part
of the nation’s wealth and that every generation bears a responsibility to
conserve and develop them in the best possible manner, for the benefit of the
future.
“6. Rivers, Forests, Minerals and such other resources constitute a
nation’s natural wealth. These resources are not to be frittered away
and exhausted by any one generation. Every generation owes a duty to
4
(2000) 6 SCC 213
5
(1981) 2 SCC 205
18all succeeding generations to develop and conserve the natural
resources of the nation in the best possible way. It is in the interest of
mankind. It is in the interest of the nation ….”
27. Hon‟ble Supreme Court in Centre for Public Interest Litigation & Ors
v.Union Of India & Ors6, while dealing with the Doctrine of Public Trust and
the distribution of natural resources observed that there is no universally
accepted definition of natural resources and that such resources are generally
considered as having intrinsic utility to mankind and further held that
“74…. Natural resources belong to the people but the State legally owns
them on behalf of its people and from that point of view natural
resources are considered as national assets, more so because the
State benefits immensely from their value.
75. The State is empowered to distribute natural resources. However,
as they constitute public property/national asset, while distributing
natural resources, the State is bound to act in consonance with the
principles of equality and public trust and ensure that no action is taken
which may be detrimental to public interest. Like any other State action,
constitutionalism must be reflected at every stage of the distribution of
natural resources.In Article 39(b) of the Constitution it has been
provided that the ownership and control of the material resources of the
community should be distributed so as to best subserve the common
good, but no comprehensive legislation has been enacted to generally
define natural resources and a framework for their protection. Of
course, environmental laws enacted by Parliament and State
Legislatures deal with specific natural resources i.e forest, air ,water ,
coastal zones etc ”
6
(2012) 3 SCC 1
19Which means the State is the legal owner of the natural resources as a trustee
of the people and although it is empowered to distribute the same, the process
of distribution must be guided by the constitutional principles including the
doctrine of equality and larger public good.
28. Moreover the Constitutional Bench (Nine Judge Bench) of Hon‟ble
Supreme Court in Mineral Area Development Authority Etc v. M/s.Steel
Authority of India7, reaffirmed that natural resources, including minerals, are
held by the State in trust for the benefit of the people, the State is under a
constitutional obligation to protect, manage, and regulate mineral resources in
a manner that serves the public interest, ensures sustainable development,
and safeguards the interests of both the present and future generations. And
stated that:
“61. The principles which emanates from the above discussion is that
State holds all natural resources, including minerals as a trustee of the
public and must deal with them in a manner consistent with the nature
of such trust”
Therefore, in view of Constitutional Provisions, coupled with authoritative
judicial dictums by the Supreme Court, some of which have been only referred
above for illustrative purposes wherein the Doctrine of Public Trust has been
mandated and is required to be implemented in its true letter and spirit in the
pragmatic way.
29. Coming to the case on hand, it is the specific case asserted by learned
counsel for the petitioners that the 3rd Respondent who is District Collector,
7
2024 SCC OnLine SC 1796
20
without following due process of law, unilaterally, arbitrarily issued
proceedings vide Rc.2292/2015/G3, dated 08.04.2022, addressed to the 2nd
Respondent-Mining Authority to permit the concessionaires for shifting of
gravel and excavation of sand from the ponds/water bodies from the nearby
villages as identified by the 5th Respondent. Similarly, the very same 3rd
Respondent also issued Proceedings vide Rc.2292/2015/G3, dated
15.04.2022 addressing the 4th Respondent who is Executive Engineer in
Irrigation Department in a similar fashion and asked them to facilitate the
concessionaires. In proof of the said assertions, learned counsel for the
petitioners placed the relevant proceedings as material papers along with
multiple photographs, which clearly depicts the process of excavations of the
sand and gravel in and around the water bodies.
30. In reply to the said Writ Affidavit, Respondent Nos.1 and 2 only have
filed Counter Affidavit, wherein they have also admitted the issuance of
proceedings dated 08.04.2022 addressed to the Respondent No.2, however,
they have stated that as per their office records, they have not received any
application from the concessionaries seeking permission to excavate soil and
gravel and that they have not issued any permits in that regard.
31. In the light of above rival contentions asserted by the respective
counsels, it is crystal clear that the averments relates to the excavation and
shifting of the sand and gravel nearby the water bodies. Added to that, it is
prima facie evident from the material on record filed by the petitioner along
21
with the Writ Affidavit (which remains undisputed by the respondents) that
excavation and shifting are taking place in and around the water bodies.
32. In fact, Respondent Nos.3 & 4 who are answering Respondents have
not filed any counters either substantiate or contradicting the issuance of
proceedings dated 08.04.2022 and 15.04.2022 by Respondent No.3 (District
Collector). Thus, in view of the above apparent facts and circumstances, it is
crystal clear that the issuance of proceedings dated 08.04.2022 and
15.04.2022 are not in dispute at all.
33. At this juncture, it is relevant to note that sand and gravel comes under
the definition of “Minor Minerals” in terms of Section 3(e) of the Mines and
Minerals (Development and Regulation) Act, 1957 and Section 15 of the
Mines and Minerals (Development and Regulation) Act, 1957 empowers the
State Governments to make rules for regulating the grant of quarry leases,
mining leases or other mineral concessions, in respect of the Minor Minerals
by the way of notification in the Official Gazette.
34. Subsequently, the State of Andhra Pradesh has framed Andhra Pradesh
Minor Mineral Concession Rules, 1966 and Section 5 of the said Rules states
that „no person shall undertake any quarrying of any minor mineral in any
area, except in accordance with the terms and conditions of quarry lease or a
permit granted under these Rules‟.
35. It is also significant to note that, though the verbatim used by 3rd
Respondent by way of the impugned proceedings dated 08.04.2022 and
22
15.04.2022, at the first glance gives an impression of request, but the
proceedings in its entirety reveals that it is nothing but a way of directions
issued to the Government Officials i.e., Mining Department as well as the
Irrigation Department, without taking comprehensively taking into
consideration its catastrophic consequences and also ignoring the very
fundamental and foundational aspects of “Doctrine of Public Trust”.
36. The impugned proceedings issued by the 3rd Respondent are emanated
without there being any proper application, along with all the procedural pre-
requisites, as envisaged in Mining Laws in vogue. As such, the impugned
proceedings dated 08.04.2022 and 15.04.2022 are contrary to the due
procedure established under the law.
37. It is well settled that, once the procedure is contemplated under the law,
it cannot be deviated or tinkered by any authorities. In a nutshell, the statutory
procedures should be followed in it‟s true letter and spirit, without any
retractions. In this context, it is relevant to note the dictum of the Apex Court in
Chandra Kishore Jha Vs. Mahvir Prasad8, wherein it is observed that where
a statute provides a thing to be done in particular manner, then it has to be
done in that particular manner but not otherwise.
38. It is pertinent to note that, even though the projected purpose is speedy
completion of the works of the National Highways, but it is relevant to take into
note of statutory realm as well as ground realities. Neither the National
Highway Authorities of India nor concessionaries have preferred any
8
(1999) 8 SCC 266
23
prescribed application. More so, the concessionaries secured the construction
contract on monetary basis, from the National Highway Authorities but on not
charity basis. Added to that, they will also receive requisite amounts towards
execution of the commercial contracts, as such, it is their duty and
responsibility to secure the gravel and sand from the Statutory authorities,
after following the due procedure established under the law but not beyond
the statutory rigour.
39. Therefore, the impugned proceedings dated 08.04.2022 and
15.04.2022 issued by the 3rd respondent are arbitrary, illegal and also against
the very foundational principles of “Doctrine of Public Trust” too. Hence, they
are liable to be set aside.
40. It is significant to note that the fruits of the Doctrine of Public Trust will
not yield instantaneous reliefs, but following it in it‟s true letter and spirit would
be beneficial to the future generations, who are none other than our own
progeny. In that sense, it can be seen as gift to the our successors. The
environment and natural resources are national assets and must be held for
the benefit of both present and future generations. Doctrine of Public Trust
looks beyond the needs of the present generation and obligates the State to
protect the natural resources for the future generations as well.
41. For instance, if our earlier generations had failed to preserve and
protect the environment, natural resources and had they exploited them solely
for their own selfish purposes, we, the present generation would have faced
severe and multifaceted consequences, directly affecting our very sustenance
24
that is Right to Life and its expanded dimensions. Although we are presently
confronted with several environmental challenges, we have not reached a
stage of acute scarcity. So now, if we ignore the principle and true spirit of
Doctrine of Public Trust, it would result in grave and far-reaching
consequences, for our own progeny
42. At this juncture, it is apposite to look back at history. Several visionary
Rulers undertook enormous efforts to create and preserve water bodies for
the welfare of posterity. One such example is Cumbum Cheruvu, man-made
largest artificial tank developed in the reign of Sri Krishnadevaraya of the
Vijayanagara Empire in the 15th Century9, which even today continues to cater
the needs of the people in and around Prakasam District. Likewise,
Anantharaja Sagar, popularly known as “Porumamilla Cheruvu”,
Bukkarayasamudhram Cheruvu and several other water bodies, constructed
centuries ago, continue to fulfil the essential needs of people, particularly in
the drought-prone Rayalaseema Region of the State of Andhra Pradesh. The
above illustrations are only a few living examples and are merely illustrative in
nature, they are by no means exhaustive.
43. There are multiple facets which are paving way to „Doctrine of Public
Trust’, and it emerged as one of the branch of contemporary jurisprudence. In
fact, both the Union and the State Governments have enacted multiple
legislations to strengthen the Doctrine of Public Trust. One of such example is
9
The Imperial Gazetteer of India, vol. 11, Coondapoor to Edwardesabad (Oxford: Clarendon Press,
1908), Page Nos.74-75.
25
the Andhra Pradesh Water Land and Trees Act, 2002 (for short “AP WALTA
Act”). A glance at the salient features of the AP WALTA Act would show that it
sets out a statutory scheme to curb environmental degradation and to
preserve the water, trees and land which are indispensable and inextricable
components of the Doctrine of Public Trust.
44. There are numerous welfare legislations to protect the major
environmental components such as air, water etc., in vogue providing different
and distinct parallel forums. But, despite the existence of multiple statutory
quasi-judicial, administrative foras, a vacuum/gap continues to exist in the
ground reality. Such gap may be attributable to either intentional or
unintentional acts or omissions by the State and its instrumentalities.
45. In Delhi Jal Board Vs National Campaign for Dignity and rights of
Sewerage and Allied Workers & Ors10, Hon‟ble Supreme Court observed
that despite the enactment of several welfare legislations by Parliament and
State to achieve the constitutional goals set out in the Constitution, the
implementation has remained extremely inadequate which leads to
multifarious problems.
46. In the light of above detailed views, this Court by invoking its inherent
powers with a sole intention to protect the broader spectrum of Doctrine of
Public Trust in all its facets, effectively and consistently, on 01.04.2026
directed the Principal Chief Secretary of the State of Andhra Pradesh to
submit comprehensive Standard Operative Procedure (SOP), with due
10
(2011) 8 SCC 568
26
coordination from concerned Departments with the advice of learned Advocate
General, State of Andhra Pradesh.
47. Consequently, the Office of learned Advocate General submitted
Standard Operative Procedure, vide Memo No.ICD01-COOR0MISC/60/2026
Reforms dated 08.05.2026 and a copy of same is served on learned counsel
of the petitioner as well. Pursuant to which, learned counsel for the petitioners
filed response to the same. For the purpose of holistic understanding and to
gain complete picture, the said SOP is delineated as under:-
“GOVERNMENT OF ANDHRA PRADESH
WATER RESOURCES DEPARTMENTSTANDARD OPERATING PROCEDURE (SoP)
FOR
IDENTIFICATION, REPORTING, REMOVAL AND RECOVERY OF
COST OF REMOVAL OF
UNAUTHORIZED ENCROACHMENTS AND ILLEGAL EXCAVATION FROM
WATER BODIES & NATURAL SOURCES
(Tanks, Foreshore Areas, River Courses, Canals & Water Bodies)PREFACE
The water bodies of Andhra Pradesh comprising tanks, ponds,
reservoirs, lakes, rivers, streams, foreshore areas, irrigation channels,
canals and drains including reservoir bunds, tank bunds, canal/channel
banks-are critical public assets. They sustain agriculture, ground water
recharge, fisheries, biodiversity, and the drinking water security of
millions of citizens. Unauthorized encroachments on these waterbodies
including construction of structures, dumping of waste, agricultural
cultivation, industrial activity, unauthorized excavation of sand/earth/soil
and commercial use without authorization-severely impair their
capacity, ecology, and public utility.
The water bodies of Andhra Pradesh comprising tanks, ponds,
reservoirs, lakes, rivers streams, foreshore areas, irrigation channels,
canals and drains including reservoir bunds tank bunds, canal/channel
banks are critical public assets. They sustain agriculture. groundwater
recharge, fisheries, biodiversity, and the drinking water security of
millions of citizens. Unauthorized encroachments on these water
bodies including construction of structures, dumping of waste,
27agricultural cultivation, industrial activity, unauthorized excavation of
sand/earth/soil and commercial use without authorization severely
impair their capacity, ecology, and public utility.
The Government of Andhra Pradesh has enacted and adopted several
legal instruments to prevent and remove such encroachments,
including A.P. Land Encroachment Act, 1905, A.P. Municipalities Act,
1965, A.P. Irrigation Utilization and Command Area Development Act,
1984, AP Panchayath Raj Act, 1994, Andhra Pradesh Water, Land &
Trees Act, 2002 (APWALTA), the A.P. Rights in Land and Pattadar Pass
Books Act, 1971, the Environment Protection Act, 1986, the Bharatiya
Nyaya Sanhita, 2023 and the Sand Mining (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2016 under the MMDR Act.
All field officers, revenue authorities, irrigation engineers and
enforcement agencies of the State are directed to follow this SoP for
implementation of the legal provisions cited herein.
Where encroachment removal orders are challenged before Courts, the
concerned departments shall ensure that Government Pleaders are
promptly briefed and all records including survey documents, FTL
maps, drone imagery and inspection reports are placed before the
Court without delay.
1. LEGAL FRAMEWORK AND APPLICABLE LAWS
1.1 Key Definitions
ï‚· Water Body: Includes tanks, ponds, lakes, reservoirs, rivers,
streams, nullahs, irrigation canals/channels, drains and other
water conservations structures, foreshore areas including tank
bunds, reservoir bunds, canal/channel bunds and any area
notified as a water body under applicable law.
ï‚· Full Tank Level (FTL)/Full Reservoir Level (FRL): The
maximum designed storage level of a tank or reservoir, as
certified by the Water Resources Department up to which water is
stored in the tank/reservoir and its correspondence to the crest of
surplus weir (ungated) as certified by the Water Resources
Department.
ï‚· Maximum Water Level (MWL): The maximum level of water
allowed in a tank as certified by Water Resources Department.
The difference between MWL and FTL is the surplus or spillage or
head over the crest of the surplus weir (ungated) for disposing
Maximum designed flood discharge.
ï‚· Tank Bund Level (TBL): Designed maximum elevation of top of
tank bund/Bund of Reservoir, as certified by the Water Resources
Department.
ï‚· Free Board: Free Board is vertical distance between Maximum
Water Level (MWL) and the Top level of bund (TBL). Free Board
is provided to protect the bund from overtopping by severe wave
action.
28
ï‚· Foreshore Area: The land area surrounding and adjacent to a
tank or reservoir, extending upto the Full Tank Level (FTL)
boundary as demarcated in official survey records and certified by
the Water Resources Department.
ï‚· Unauthorized Encroachment/Occupation: Any occupation,
construction, dumping, cultivation or use of land, unauthorized
excavation of sand/soil/spoil within the boundaries of a water
body or of its foreshore area without lawful authorization.
ï‚· Competent Authority: The District Collector/Revenue Divisional
Officer/Tahsildar or any officer notified/delegated powers under
the relevant Act for the purpose of encroachment removal.
ï‚· Buffer Zone: The strip of land measured from the FTL boundary
of a Tank or reservoir outward (not less than 30 meters or as
specified in the project report or applicable Government Orders).
ï‚· High Flood Level (HFL): The maximum flood level observed or
designed for a river reach as recorded by the Water Resources
Department used as the reference boundary for river course
encroachment determination.
No Regulation of Encroachments: No encroachment on any water body
covered under this SOP shall be regularized under any scheme,
Government Order, or any Policy. This SOP operates as an absolute
bar against regularization of any encroachment within the FTL
boundary, foreshore area, buffer zone, river course or canal bank of any
water body governed hereunder.
1.2 Primary Legislation
Act/Rule Key Provisions Relevant to Remarks
Encroachment Removal
AP Water, Land Protection of water bodies from Primary
and Trees Act, encroachment; prohibition of diversion of Legislation
2002 water bodies. governing this
(APWALTA) Empowers Competent Authority to SoP.
remove encroachments.
Andhra Pradesh Protection of irrigation systems and
Irrigation authorize Competent Authority to
Utilization and penalize and take action.
Command Area
Development
Act, 1984
AP Land Encroachment on government land
Encroachment (including water body beds, foreshore,
Act, 1905 tank bunds) is an offence. Eviction
powers vested in Revenue Officers.
Recovery of occupation charges.
AP Panchayati Vests management of village tanks and
Raj Act, 1994 water bodies with Gram Panchayats
29subject to State oversight. Panchayats
empowered to prevent encroachment
AP Municipal Urban Local Bodies empowered to
Corporations Act protect water bodies within municipal
and AP limits; encroachment removal authority
Municipalities Act vested with Commissioner.
MMDR Act/AP Unauthorized sand and soil excavation Minor Mineral from water bodies, licensing of sand Concession mining. Rules, 1966 Environment Dumping and industrial encroachments Protection Act, on water bodies; pollution offences 1986 Bharatiya Nyaya Criminal trespass on Government water Sanhitha, 2023 body land; FIR provision 2. SCOPE AND APPLICABLITY
This SoP shall apply to all unauthorized encroachments on the
following categories of water bodies in the State of Andhra Pradesh:
Sl. Type of water Governing Authority Relevant Law
No. Body
1. Government Water Resources Dept/ APWALTA
Tanks/Ponds Revenue Dept/Panchayati 2002, AP Land
(Village, Zilla Raj Encroachment
Parishad, Minor Act, 1905, AP
Irrigation) Panchayati Raj
Act, 1994
2. Major/Medium Water Resources Dept AP Irrigation
Irrigation Systems Act, APWALTA
2002
3. Foreshore/Buffer Water Resources Dept/ AP Irrigation
Zone of Tanks & Revenue Dept Act, APWALTA
Reservoirs 2002
4. Rivers, Streams Water Resources APWALTA
and Flood Plains Dept/Revenue Dept/ 2002, AP Land
Panchayati Raj Encroachment
Act, 1905,
5. Irrigation Drains Water Resources AP Irrigation
and Drainage Department/Revenue Act, APWALTA
Channels Department 2022
6. Urban Water Municipal AP
Bodies (Lakes, Corporations/MAUD Municipalities
Tanks within ULBs) Act, AP Water
Bodies
Conservation
Acts
30
7. Tanks and Water Zilla Parishad, Water AP Panchayati
Bodies vested with Resources Raj Act, AP
Zilla Parishads Department/Revenue Land
Department Encroachment
Act, 1905,
APWALTA,
2002
3. INSPECTION OF WATER BODIES
3.1 Obligation of Inspecting Officers
It shall be the mandatory duty of all officers of the Water Resources
Department, Revenue Department and Panchayati Raj Department to
conduct regular inspections of water bodies within their jurisdiction to
identify unauthorized encroachments and bring them to the notice of the
Competent Authority for removal under the relevant provisions of the
APWALTA 2002, AP Land Encroachment Act, 1905 and other
applicable laws.
All inspection notes, along with visual and documentary evidence
(including photographs, sketch maps and drone imagery), shall be
recorded and communicated to Competent Authority to review and take
action.
Failure to conduct mandatory inspections within the prescribed
frequency without valid recorded reason shall be treated as dereliction
of duty and shall be reported to the next higher authority for appropriate
action.
3.2 Prevention
It shall be the mandatory of the Officers of AP Transco not to give any
Electrical connections for the dwelling houses/commercial
establishments of any type constructed on unauthorizedly occupied
Water bodies. And also the Municipal Authorities/Panchayath
authorities shall thoroughly check the ownership of the land before
making assessment of property tax.
3.3 Frequency of Meeting/Inspection
A. At Chief Engineer Level/Superintending Engineer Level11
S.No. Office/Designation Frequency of Inspection
1. Chief Engineer (Minor Irrigation) At least once in three months
2. Superintending Engineer (Circle At least once in a month.
level)
B. At District/Division Level12
Sl. Office/Designation Frequency of Committee Members
No. Inspection
1. District Collector Once in three i. District Collector-Chairman
months as per ii. Joint Collector-Member
11
AP Water, Land and Trees Act, 2002
12
G.O.Ms.No.188, PR&RD Dept., Dt. 21.11.2011
31
G.O.Ms.No.188, iii. Superintendent of Police-
PR & RD Dept., Member
Dt.21.11.2011 iv. S.E/PR-Member
v. SE(R&B)-Member
vi. SE(WRD)-Member
vii. AD/Survey and Land
Records-Member
viii. AD (Mines)-Member
ix. District Panchayat Officer-
Member Convener
2. Revenue Divisional At least once in i. RDO/Sub Collector-
Officer (RDO) two months Chairman.
ii. EE/PR-Member
iii. EE/R&B-Member
iv. EE/WRD-Member
v. Town Planning Officer-
Member
vi. Municipal Commissioner-
Member
vii. Divisional Panchayath
Officer-Member Convener
3. Mandal Level At least once in i. Tahsildar-Chairman
a month ii. DEE/PR-Member
iii. DEE/R&B-Member
iv. DEE/WRD-Member
v. Town Planning Officer
vi. Mandal Surveyor-Member
vii. MPDO-Member
Minutes of the Meeting shall be documented, and necessary
action is to be taken for evacuation of the encroachments duly
following procedure as per law.
Inspections shall be documented in the prescribed Inspection
Register and digitally uploaded.
3.4 Drone Survey and Aerial/Satellite Imaging
All field officers of the Water Resources and Revenue
Departments shall ensure drone survey and satellite-based
monitoring of water bodies under their jurisdiction. The frequency
shall be as follows:
Category of Water Body Frequency of
Drone/Satellite Survey
Major/Medium Reservoirs Once every six months
Large Tanks (> 100 acres ayacut) Once every three months
including inlets/feeder channels/outlets
Minor Tanks (> 100 acres ayacut) Once every six months;
including inlets/feeder channels/outlets quarterly where
encroachment is reported
32
River Courses/Streams/Flood Plains in Monthly
Urban Areas
River Courses in Rural Areas Once every six months
Irrigation Canals in Urban/Semi-Urban Quarterly
Areas
Note – The cost of drone surveys shall be borne by the respective
department as part of the annual maintenance budget Processed
imagery and change detection reports shall be uploaded to the
designated State portal within 15 days of survey completion.
4. IDENTIFICATION AND REPORTING OF UNAUTHORIZED
ENCROACHMENTS
4.1 Sources of Identification
Unauthorized encroachments will be identified through:
1. Periodical field inspections by authorized officers (as per
Section 3 above).
2. Complaints received from the general public through:
(a) AP PGRS (Public Grievance Redressal System)
portal
(b) Written Petitions to District
Collector/Tahsildar/WRD officials.
3. Drone survey/satellite imagery analysis indicating change
in water body boundaries.
4. Survey of land records showing occupation of poramboke
/ government water body land in Revenue/Survey
department records.
5. Reports by Gram Panchayat Secretary/Ward Secretariat
staff during village surveys.
4.2 Issuance of Preliminary Notice 13
Upon identification of unauthorized encroachment, the concerned
field officer (Executive Engineer/Deputy Executive
Engineer/Assistant Executive Engineer in the Irrigation
Department) shall intimate about the same to the Tahsildar in the
Revenue Department; Executive Officer in the Panchayat, or
equivalent officer shall issue a Preliminary Notice in the prescribed
form to the encroacher within 7 (seven) working days of
identification.
The Preliminary Notice shall:
ï‚· Identify the survey number, FTL boundary, bund, or bank
boundary (with reference to official maps) and the location
and extent of encroachment.
ï‚· Call upon the encroacher to remove the unauthorized
occupation within 15 (fifteen) days from service of notice.
ï‚· Warn the encroacher of the penal and eviction13
AP Land Encroachment Act, 1905
33consequences under APWALTA 2002, AP Land
Encroachment Act 1905 and other applicable laws.
ï‚· Be accompanied by photographic evidence, sketch map
and drone imagery if available.
The Preliminary Notice shall be served: (a) By personal delivery to
the encroacher or adult member of the encroacher’s family; (b)
where personal services is not possible, by registered post with
acknowledgement due to the encroachers last known address; (c)
where the encroacher is unidentifiable or absconding, by affixation
on the encroached structure in the presence of two witnesses and
by publication in a local newspaper. The mode of service and date
of serve shall be recorded in the file.
In cases of large-scale or complex encroachments involving major
structures, the field officer may, with the approval of the District
Collector, extend the period specified in the Preliminary Notice to
not more than 30 days, recording reasons in writing
A copy of the Preliminary Notice shall also be sent to:
ï‚· The RDO of concerned Revenue Division
ï‚· The District Collector (for information)
ï‚· The Superintendent of Police/Sub-Inspector of Police of the
area (for maintaining law and order if required).
ï‚· The concerned Gram Panchayat (for village tanks).
The issuing officer shall thereafter make all efforts to facilitate
voluntary removal of the encroachment through engagement with
the local panchayat, community leaders, village elders and local
administration.
The provisions of this SoP apply equally to encroachments by
Government departments, Government-aided institutions, local
bodies, and private parties. No encroachment shall be exempt
from removal on the ground that it was constructed by or with the
knowledge of any Government authority.
4.3 Preparation of Encroachment File
Encroachment File14
ï‚· The field officer shall prepare Encroachment File recording
all details of
ï‚· The Preliminary Notice issued and date of service.
ï‚· Responses (or lack thereof) received from the encroacher.
ï‚· Outcome of voluntary removal efforts.
The Encroachment File shall also include survey number and
extent of encroachment; FTL/HFL map reference, photographs,
and drone imagery, copy of preliminary notice and proof of service,
encroacher’s response if any; and revenue records showing land
classification as water body/Poramboku.
14
AP Land Encroachment Act, 1905
AP Water, Land and Trees Act, 2002
34
This Encroachment File shall form part of the file when invoking
the jurisdiction of the District Collector/Competent Authority under
APWALTA 2002 & AP Land Encroachment Act, 1905.
5. INVOKING THE JURISDICTION OF THE COMPETENT
AUTHORITY
5.1 Escalation to Competent Authority
If the encroacher fails to remove the unauthorized occupation
within the period specified in the Preliminary Notice, the field
officer shall refer the matter to the Competent Authority as follows:
Type of Referral Authority Applicable Encroachment (Competent Authority) Law Encroachment on Tahsildar --> RDO --> AP Land Village Tank/ District Collector Encroachment Poramboke Water Body Act 1905; Land including inlets/ APWALTA feeder channels and 2002 outlets Encroachment on Minor Executive Engine --> RDO APWALTA Irrigation Tank/Major/ --> District Collector 2002 Medium Reservoir/ Foreshore including inlets/feeder channels and outlets. Encroachment on Executive Engineer AP Irrigation Canal/Stream/Drain (irrigation/WRD) --> District Act; Bed or Foreshore Collector APWALTA 2002 Encroachment on MRO/RDO --> District AP Land Riverbed/Flood Plaint Collector Encroachment (Rural) Act, 1905; APWALTA 2002 Encroachment on Commissioner, Municipal AP Urban Lake/Water Corporation/Municipality--> Municipalities Body within ULB Limits District Collector Act; APWALTA 2002 Encroachment on Major EE (WRD) --> SE (WRD) AP Irrigation inter-District Irrigation --> CE (WRD) --> District Act; Systems (HNSS, Collector of concerned APWALTA SRBC, TGP etc) District. 2002
5.2 Statutory Notice by Competent Authority
The District Collector/Competent Authority, upon receipt of the referral,
shall issue a Statutory Notice under the relevant provisions of
APWALTA 2002/AP Land Encroachment Act 1905 to the encroacher-
35
granting within 7 (seven) days of receipt of the referral, granting a
period of not less than 15 days for the encroacher to show cause and
appear for hearing, after which the Competent Authority shall pass a
reasoned order within 15 days of the hearing duly following the
principles of natural justice i.e, issuing notices and providing
opportunity of hearing to the encroacher.
The Statutory Notice shall also provide for a hearing of the
encroacher’s representation. The representation, if made, shall be
heard within a specified date with proper notice thereof. The
Competent Authority shall pass a reasoned order after hearing.
Any person aggrieved by the order of the Competent Authority may
prefer an appeal to the next higher authority as specified under the
relevant Act within the period prescribed therein. The pendency of an
appeal shall not automatically stay the removal order unless a stay is
specifically granted by the appellate or judicial authority.
6. REMOVAL OF UNAUTHORIZED ENCROACHMENTS AND
IMPOSITION OF PENALTIES
6.1 Removal Procedure
1. The Competent Authority shall issue a written removal order
with date of compliance.
2. If the encroacher does not comply, the authorized officer shall
arrange for physical removal using department labour
equipment.
3. Police assistance shall be requisitioned from the local
Superintendent of Police/DSP/SHO in cases where resistance is
anticipated or law and order issues.
4. The removal shall be carried out in the presence of a
Gazetted Officer with proper Panchanama (witness statement)
prepared.
5. Photographs and video recordings shall be made before,
during and after removal.
6. Any structure/material removed shall be listed and, if
unclaimed within 30 days, disposed of as per government
procedure.
The Panchanama shall be prepared in the presence of not less than
two independent witnesses, at least one of whom shall be a
Government servant not below the rank of Village. Revenue Officer
and shall be signed by the Gazetted Officer conducting the removal,
the witnesses, and if possible, the encroacher.
Unclaimed materials (after 30 days) shall be disposed of by public
auction conducted by the Revenue Department, with sale proceeds
credited to Government account after deducting removal and storage
costs.
6.2 Penalities and Recovery of Removal Costs
36
The following penalities and cost recovery mechanisms shall be
invoked:
Applicable Law Penalty/Recovery Provision
AP Land Occupation Charges (at prescribed rates)
Encroachment Act, recoverable as arrears of land revenue from the
1905-Section 7 encroacher.
APWALTA 2002 Cost of removal of encroachment and restoration of
the water body to be recovered from the encroacher.
AP Irrigation Act- Unauthorized use of canal foreshore/buffer zone
relevant provisions attracts fine and recovery of costs as per the Act
Criminal Trespass Where the encroachment amounts to criminal
(IPC/BNSS) trespass on government water body land, FIR may
be lodged under applicable provisions of BNS/IPC.
A Bill for Recovery of Cost of Removal shall be issued in the form to
the encroacher within 15 (fifteen) days of completion of removal. The
bill shall include:
ï‚· Cost of physical removal (labour, machinery, transportation).
ï‚· Cost of repair/restoration of damaged bund, canal bank or
foreshore area.
ï‚· Additional charge at 15% of cost of restoration (as administrative
overhead).
ï‚· Occupation charges/fine as applicable under the relevant law.
If recovery is not made within 30 days of the bill, the amount shall be
recovered as arrears of land revenue under the AP Revenue Recovery
Act.
In cases where the encroacher is a company or corporate entity,
recovery may also be pursued under the provisions of the Companies
Act against the assets of the company. In cases where the encroacher
has no recoverable assets in the State, the matter shall be referred to
the Government Pleader for appropriate legal proceedings.
7. SPECIAL PROVISIONS FOR DIFFERENT CATEGORIES OF
WATER BODIES
7.1 Village Tanks (Minor Irrigation Tanks)15
ï‚· FTL boundaries and foreshore area maps including that of
inlets/outlets shall be obtained from Revenue / Survey
Department records before initiating encroachment removal.
ï‚· Gram Panchayat must be formally informed and involved in the
removal process.
ï‚· Any cultivation within FTL area shall be specifically photographed
and reported. The cultivator shall be given Preliminary Notice
before removal of crops / structures.
ï‚· Restoration of the tank bed, foreshore and bund shall be ensured
15
AP Irrigation Utilisation and Command Area Development Act, 1984
37
after removal, including re-plantation of tree species on bunds.
Where standing crops exist within the FTL area at the time of removal,
the field officer shall assess and document the crop details. No
compensation shall be paid for crops cultivated in an unauthorized
manner within the FTL area, and this position shall be clearly stated in
the Preliminary Notice.
7.2 River / Stream Courses and Flood Plains16
ï‚· River boundaries (High Flood Level / bank line) as per Survey of
India / State survey maps shall be used as the reference for
encroachment determination.
ï‚· Sand mining activities without license within riverbeds shall be
treated as unauthorized encroachment and referred to the Mining
Department in addition to Revenue / Water Resources
ï‚· Structures constructed in flood plains/notified buffer zones shall
require Environment Clearance / Flood Plain Management
Authority (FPMA) clearance. Absence of such clearance shall be
treated as unauthorized encroachment.
ï‚· Seasonal encroachments (e.g., cultivation during dry season)
shall be documented before monsoon for removal before flooding
season.
For seasonal agricultural encroachments on riverbeds or tank beds
during the dry season, the Tahsildar shall issue a general public notice
before the start of each cultivation season (October) warning against
cultivation in notified water body areas. Field officers shall conduct pre-
monsoon verification (May-June) to ensure such encroachments are
cleared before the onset of floods.
7.3 Major and Medium Irrigation Reservoirs (Foreshore/Buffer
Zone)17
ï‚· A Buffer Zone of not less than 30 meters from FTL line (or as
specified in the original project report) is to be maintained free
from all encroachments.
ï‚· Demarcation stones / pillars indicating FTL boundary shall be
maintained by the Irrigation Department. Missing pillars shall be
restored before encroachment removal.
ï‚· Encroachments within the FTL area require mandatory removal
regardless of duration of occupation. No regularization of
encroachment within FTL is permissible.
ï‚· Fishery leases within reservoirs do not entitle the lessee to any
construction or occupation of the foreshore area.
Missing FTL pillars shall be restored by the concerned Executive
Engineer (WRD) in coordination with the Survey and Settlement
Department within 30 days of identification. The cost of pillar restoration
shall be borne from the WRD maintenance budget.
16
AP Land Encroachment Act, 1905, AP Water, Land and Trees Act, 2002
17
AP Irrigation Utilisation and Command Area Development Act, 1984, AP Water, Land and Trees Act, 2002
38
7.4 Urban Water Bodies (Within ULB Limits)18
ï‚· ULBs shall prepare and maintain a register of all water bodies
(with buffer zones as mentioned in The Andhra Pradesh Land
Development (Layout and Sub-division) Rules, 2017) (lakes,
cheruvu, kunta, nala) within their limits with survey numbers, FTL
boundary and current encroachment status.
ï‚· High-Resolution satellite imagery shall be used to monitor
encroachment on an annual basis.
ï‚· Regularization of any structure within the notified Full Tank Level
boundary of an urban water body is not permissible.
8. MONITORING OF ENCROACHMENT REMOVAL
S. Level of Review Frequency Remarks
No.
i. Mandal/Project Level Every one Track all pending encroachments,
month actions taken and removal status.
Report to Superintending
Engineer/Collector.
ii. Divisional Level/I Every two Review unresolved cases; bring
S.E/RDO in-charge) months critical cases to notice of Chief
Engineer/Collector.
iii. District Level Quarterly Review all pending cases; take up
with local police/panchayat/ULB
for resolution. State-level
reporting.
iv. State Level (Principal Half-yearly Review of all districts.
Secretary, WRD, (Bi-annual)
Principal Secretary,
PR, Principal
Secretary, MAUD)
Districts that fail to submit quarterly encroachment status reports to the
State-level review shall have this fact recorded and reported to the
Principal Secretary, WRD. Persistent non-reporting shall be taken up as
a performance issue with the concerned District Collector.
8.2 Drone Analytics and Satellite Monitoring
A dedicated Drone Analytics Management System shall be maintained
in the AP Water Resources MIS/designated State portal. All field officers
shall ensure monthly updating of encroachment status in the system.
Satellite-based change detection maps shall be generated every quarter
to identify new encroachments.
8.3 Time-Bound Action Plan for Removal of Existing
Encroachments
This SoP addresses not only future encroachments but also requires
time-bound action on encroachments already identified or known. The
18
Andhra Pradesh Land Development (Layout and Sub-Division) Rules, 2017
39
following schedule shall apply:
1. Within 30 days of issuance of this SoP, all field officers shall
submit a complete list of known encroachments within their
jurisdiction to the District Collector.
2. District Collectors shall prepare a priority-wise removal schedule
within 60 days of receipt of the above lists
3. Not less than 50% of identified encroachments shall be removed
within one year of issuance of this SoP
4. State-level progress shall be reviewed by the Principal Secretary,
WRD every six months and reported to Government.
8.4 Protection of Informants
The identity of individuals reporting encroachments to Government
authorities shall be kept strictly confidential. No field officer shall
disclose the identity of an informant to any person, including the
encroacher, without the express written permission of the District
Collector. Violation of this provision shall be treated as misconduct.
8.5 Encroachment Register
Every Tahsildar and Executive Engineer (WRD/MI) shall maintain a
mandal-wise/division-wise Encroachment Register in the prescribed
format recording: survey number, water body name and type, nature
and extent of encroachment, name of encroacher (if known); date of
identification, notice issued, and date, status of removal, and amount of
cost recovered. The Register shall be updated monthly and produced at
every review meeting.
8.6 Resolution of FTL Boundary Disputes Between WRD And
Revenue Records
Where a dispute arises between WRD records and Revenue/Survey
records on the FTL boundary or foreshore extent of a water body, the
matter shall be referred to a Joint Committee comprising the
Superintending Engineer (WRD), the Revenue Divisional Officer, and
the Assistant Director (Survey and Settlement) for determination within
30 days. Removal proceedings shall be kept in abeyance only in
respect of the disputed boundary portion pending such determination.
8.7 Prevention of Re-Encroachment After Removal
After removal of any encroachment, the concerned field officer shall
ensure. (a) erection of boundary markers (b) plantation of trees or laying
of protective fencing on bunds where feasible; (c) entry of restored
status in land records; and (d) increased inspection frequency for the
concerned site for a period of one year following removal, to prevent re-
encroachment.
9. ILLEGAL EXCAVATION FROM WATER BODIES19
This section governs the regulation, monitoring, and enforcement of
actions against illegal and unauthorized excavation of sand and other
19
Andhra Pradesh Minor Mineral Concession Rules, 1966
40
minor minerals from water bodies, riverbeds, streams, tanks, and other
natural sources in the State of Andhra Pradesh. The District Level Sand
Committee (DLSC) is the primary authority at the district level
responsible for overseeing all sand operations, ensuring compliance,
and taking action against illegal extraction. The provisions herein are
drawn from Rule 9-B (sub-section 9 to 17) of the Andhra Pradesh Minor
Mineral Concession Rules, 1966, as amended, and are to be read in
conjunction with the Mines and Minerals (Development and Regulation)
Act, 195720.
9.1 Constitution of District Level Sand Committee (DLSC):
District Level Sand Committee (DLSC) shall consist of the following
officers:
i. District Collector: Chairman
ii. Superintendent of Police: Member
iii. Joint Collector: Member
iv. Sub-Collector/RDO Concerned – Member
v. District Mines & Geology Officer concerned: Member-Convener
vi. Divisional Mines & Geology Officer concerned: Member
vii. District Panchayat Officer: Member
viii. Regional Transport Officer: Member
ix. Dy. Director, Ground Water Dept.: Member
x. Executive Engineer, Irrigation/River Conservation: Member.
xi. Executive Engineer, Rural Water Supply: Member
xii. Environmental Engineer, Andhra Pradesh State Pollution Control
Board: Member
xiii. Any other invitees as suggested by the Chairman
9.2 Monitoring of SAND Operations
a. At State level, a Command & Control Centre shall be established
by Director of Mines and Geology to oversee all sand excavation,
transportation activities and timely redressal of the grievances
received from consumers.
b. At District level, Facilitation Centers shall be established by DLSC
to monitor sand supplies on real-time basis and improve co-
ordination between consumers, transporters & other
stakeholders.
c. District Collector shall designate a Joint Collector as a Special
Officer for monitoring all sand activities in the respective districts.
d. DLSC shall ensure to:
i. Establish CCTV Cameras at sand reaches & sand supply
points.
ii. All sand transporting vehicles shall be covered with
tarpaulin, banner mentioning “Uchitha Isuka Ravana
Vahanam” and shall be fitted with an active GPS
devices/GPS enabled application.
20 th
G.O.Ms.No.100 Industries & Commerce (Mines-III) dated 26 June 2025
41iii. Weighbridges shall be installed at all active reaches, check-
posts, stockyards and exit points riverbank areas.
e. Protection of river channels and access points, and strict
enforcement against night mining and mechanized mining, are
addressed under sections 3.4 and 9.4.
9.3 Prohibited Activities
The following activities are prohibited:
i. Stocking of sand more than the requirement for own construction
ii. Re-sale of sand
iii. Transportation of sand to other States.
iv. Sand using for filling purpose or any other purpose, other than
building construction.
v. Any other prohibited activity as prescribed under environmental
guidelines issued by MOEFCC, Orders of Hon’ble NGT, Hon’ble
High Court and Hon’ble Supreme Court/Government/ DLSC.
9.4 Vigilance and Task Forces21
a. State Level and District Level Task force has been constituted
G.O.Ms. No. 69, Industries and Commerce Department, dated
08.03.2006.
b. The review mechanism has been implemented through monthly
meetings of the District Level Task Force and quarterly meetings
of the State Level Task Force to ensure effective monitoring and
to curb illegal mining and transportation in the State.
c. District Level Task Forces (DLTF) shall be constituted by the
District Collectors with line departments for periodic inspections of
all the supply points and the sand sources to ensure smooth
functioning of sand operations and to curb illegal mining/
transportation.
d. The Chairman of DLSC shall conduct a fortnightly co-ordination
meeting with the task forces on the action taken and minutes of
meeting shall be communicated to Director.
e. DLSC shall ensure to:
i. Establish CCTV Cameras at sand supply points.
ii. Weighbridges shall be installed at all active reaches,
check-posts, stockyards and exit points of riverbank
areas.
iii. Co-ordinate with Police Command & Control to
monitor the transportation of sand through the CCTV
monitoring system.
iv. Establish sufficient check posts and CCTV Cameras
in co-ordination with Police on routes to prevent inter-
state transport of sand.
v. Any vehicle transporting sand without registration,
tarpaulin cover and GPS shall be blacklisted in co-
21
G.o.Ms.No.69, Industries and Commerce Department dt.08.03.2006
42ordination with Transport Department.
vi. Any vehicles shall operate strictly on the approved
routes and within the authorized time window
vii. Any vehicle transporting sand without valid e-transit
permit shall be blacklisted in co-ordination with
Transport Department and vehicle to be seized.
viii. Any vehicle used for black marketing of sand to be
blacklisted, seized and criminal case to be filed
against vehicle driver/owner.
ix. Initiate levy of penalty against violators of free sand
policy.
f. Director/DLSC shall establish and maintain call center and online
application for the public to report illegal sand excavation and
transportation.
9.5 Compliant Redressal Mechanism
a. Any person/NGO/party may file a complaint regarding illegal sand
mining/transportation/hoarding/black marketing activities to the
DLSC with material evidence either through online or otherwise.
b. DLSC shall setup a complaint redressal mechanism including set
up of compliant redressal committee, enquiry team, maintenance
of district level toll free numbers, e-mail Ids to redress the
complaints made by any citizen/ NGO in an effective and time-
bound manner.
c. Similarly, a state-wide toll-free number and email-id shall be
established and maintained by Director. These complaints shall
be referred to DLSC for their effective and time bound redressal.
d. DLSC shall conduct an enquiry, take the decision on each
complaint, and pass speaking orders within reasonable time.
e. Timelines S.No. Description Timeline 1. Filing of Complaint (T0)
2. Preliminary scrutiny and assignment to T0 + 2 Weeks
Complaint Redressal Committee;
deployment of enquiry team for fact-finding
and report preparation (T1)
3. Issue of notice by DLSC seeking T1 + 1 Weeks
explanation from concerned parties based
on enquiry findings (T2)
4. Receipt of explanation of evaluation by T2 + 2 Weeks
DLSC; hearing, if required (T3)
5. Decision by DLSC and passing of order for T3 + 1 Weeks
Imposition of penalties/enforcement action
(T4)
9.6 Constitution of State Level Committee (SLC):
a. The SLC shall consist of following officers:
43
i. Chief Secretary: Chairman
ii. Director General of Police: Member
iii. Secretary, Mines (Ind & Com) Dept: Member
iv. Secretary, Revenue Dept: Member
v. Secretary, PR & RD Dept: Member
vi. Secretary, Water Resources Dept: Member
vii. Commissioner, Rural Development: Member
viii. Commissioner Transport Department: Member
ix. Member Secretary, APPCB: Member
x. Director, Ground Water Dept: Member
xi. Engineer -In-Chief, Irrigation: Member
xii. Commissioner & Director of Mines & Geology: Member
Secretary
xiii. And any other invitees as suggested by the Chairman
b. The SLC shall meet periodically to take up review the
performance of sand extraction in the state, examine the matters
referred to DLSC for review of any statutory provisions and issue
necessary guidelines for proper implementation of the Rules.
9.7 Compliances22
DLSC shall ensure all the operations shall be in compliance with Sand
Policy of Andhra Pradesh, Mines Act 1952, MMDR Act 1957, WALTA Act
& Rules, MOEF&CC notifications, Office Memorandums & Guidelines
and any other applicable law, rules, Government orders, Instructions
issued by Government and Department of Mines & Geology from time
to time.
9.8 Offences and Penalties
a. Vehicles engaged in illegal/un-authorized excavation in the
prohibited areas (i.e. within 500 meters from the Ground water
structures, Bridges, Dams, Railway lines and cross drainage
structures etc.), transportation of sand outside the State and
found transporting sand without valid permit shall be penalized as
follows:
Vehicle Type First Time (In Rs.) Second Time (In Rs.)
Tractor Upto 10,000/- Rs.10,001 to 20,000/-
Lorry fitted with upto 10 Upto 25,000/- Rs.25,001 to 50,000/-
Tires capacity
Lorry fitted with above Upto 50,000/- Rs.50,001 to 1,00,000/-
10 tires
Machinery Upto 50,000/- Rs.50,001 to 1,00,000/-
b. Any vehicle transporting sand, if found, carrying sand in excess of
the quantity specified in Sand transit form /invoice or in excess of
quantity permitted by the Transport Dept., penalty shall be levied
22
Andhra Pradesh, Mines Act, 1952, MMDR Act 1957, WALTA Act & Rules
44
on such excess quantity @ Rs.2000/- per MT
c. Whenever any person/ selected agency by the DLSC extract
sand more than the permitted quantity or has extracted sand in
the areas other than those notified for lawful excavation, the
officers authorized shall assess such quantity of sand and levy
and collect@ Rs.2,000/-per ton of sand or Rs. 2,00,000/- (Rupees
Two Lakhs), whichever is higher, as penalty.
d. If any stock of sand beyond a person’s reasonable requirement is
stocked/hoarded/black marketed/sold, it shall be seized by the
officer authorized. The person shall be punishable with
imprisonment up to 2 years and a fine of Rs.2,00,000/- (Rupees
Two Lakhs). DLSC shall take-over the seized sand and arrange
to dispose the same, at the rates fixed by DLSC.
e. Officers authorized to levy, collect penalties and seizure of
vehicles from the persons involved in illegal
mining/stocking/hoarding/selling/ black marketing in the State
authorized under these rules are as follows:
i. District Collector (Concerned)
ii. Joint Collector (Concerned)
iii. Superintendent of Police (Concerned)
iv. Additional Superintendent of Police (Concerned)
v. Sub-Collector/Revenue Divisional Officer
(Concerned)
vi. Tahsildar (Concerned) Mandal.
vii. Sub-Divisional Police Officer (Concerned)
viii. Station House Officer (Concerned)
ix. District/Divisional Panchayat Officer
x. District/Divisional Mines & Geology Officer
(Concerned)
xi. Assistant Director, Regional Vigilance Squad
authorized by Director in this behalf having jurisdiction
xii. Any other officer nominated by Dist. Collector
(Concerned) /Director of Mines & Geology
f. The vehicle/machinery, found involved in any violation more than
two times, such vehicle/machinery along with sand shall be
seized by officers authorized duly following the procedure as
under:
i. Issue show cause notice to the person/owner from whom
the vehicle/machinery is seized.
ii. Immediately take steps by preparing seizure report and
produce the vehicle/machinery before the Competent Court
to enable the person/owner from whom the
vehicle/machinery is seized to file an application under
Section 451 of Criminal Procedure Code (Cr. P.C) for
release of vehicle/machinery.
iii. In the alternative, the person/owner from whom
45vehicle/machinery is to be seized shall be permitted to
submit explanation to the show cause notice along with an
application to the authorized officer seeking release of
vehicle/machinery.
iv. Upon receipt of explanation to the show cause notice and
the application for release of vehicle/machinery, the
authorized officer shall consider the application and pass
appropriate orders in accordance with law, within a period
of two weeks there from, on production of security of
Rs.25,000/- in case of tractor, Rs. 1,00,000/- in case of
vehicle upto 10 tones capacity: Rs. 1,50,000/- in case of
vehicle above 10 tons capacity and Rs. 2,00,000/- for any
machinery, in the form of Demand Draft drawn in favor of
the authorized officer along with an affidavit/undertaking to
produce the seized vehicle / machinery as and when
required.
v. The fine paid as per the orders of Competent Court; the
security furnished as per clause above shall be deposited
in the Head of Account prescribed by the Government. The
amount collected shall be utilized for the restoration works,
removal of illegal ramps/roads, strengthening riverbanks,
installing surveillance systems, replenishment studies,
drone surveys etc.
10. ROLE AND RESPONSIBILITIES OF STAKEHOLDER
DEPARTMENTSDepartment/Agen Responsibilities under this SoP
cy
Water Resources Nodal department for this SoP. Identification of
Department (WRD) encroachment with the help of Tahsildars/Mandal
Surveyors. Inspection of major/medium reservoirs and
canals. Drone Survey. Liaison with Revenue for eviction
orders. State-level monitoring and review.
Revenue Competent Authority for eviction under AP Land
Department Encroachment Act, 1905 and APWALTA 2002.
(Collectors/RDOs/ Issuance of statutory notices, removal orders and MROs/ recovery bills. Tahsildars) Maintenance of land records.
Panchayati Raj and Management of village tanks. Gram Panchayat to report
Rural Development encroachments. Coordination for voluntary removal.
Department
(PR&UD)
MA&UD/Urban Protection of urban water bodies. Maintenance of GIS
Local Bodies maps of water bodies. Encroachment removal within
ULB limits.
46
Police Department Provide assistance during physical removal. Register
FIR in cases of criminal trespass/resistance. Maintain
law and order.
Survey and Provide updated FTL maps, survey maps and
Settlement demarcation support. Restore/re-demarcate FTL pillars.
Department
Forest Department Action on encroachments on water bodies within or
adjacent to forest areas. Coordination with Revenue.
District Overall coordination and final Competent Authority for
Administration eviction orders. Quarterly district-level review. Report to
(District Collector) State Government.
Mines & Geology Identification and action on unauthorized sand/gravel or
Department soil extraction from riverbeds, tank beds and foreshore
areas; coordination with Revenue and WRD for
prosecution under MMDR Act and AP Minor Mineral
Concession Rules.
AP Pollution Action on waste dumping, industrial activity in water
Control Board bodies; prosecution under Environment Protection Act,
(APPCB) 1986; Coordination with Revenue & WRD for
encroachment cases with environmental impact.
11. REGULATION OF ACTIVITIES IN AND AROUND WATER
BODIES
The following activities in and around water bodies shall be subject to
regulation and if carried out without lawful authorization, shall be treated
as encroachment under this SoP:
Activity Regulatory Requirement Authority
Construction of any No construction activities allowed EE (Irrigation)/
structure within within FTL Level District Collector
FTL/buffer zone of Prior written permission from
tank or reservoir WRD + Revenue shall be
obtained for bifurcation of
Tank/developing green belt
Sand/gravel mining in License from AP Mines & District Collector/
riverbed or tank bed Geology Department; AP Mines &
Environmental Clearance Geology
Aquaculture/fishery Fishery lease from AP Fisheries AP Fisheries Dept/
within reservoir/tank Department; no District Collector
construction/occupation of
foreshore
Cultivation within FTL Not permissible. Seasonal MRO/Tahsildar/EE
area of tank cultivation during dry weather
subject to prior permission;
removal before monsoon
mandatory
Industrial/Commercial Prior Environmental Clearance + District Collector/
47use of water body Land conversion; CRZ clearance APPCB/ MoEF
land if coastal; APWALTA clearance
Dumping of waste/ Strictly prohibited under District
debris in water APWALTA 2002 and EP Act. Collector/APPCB
bodies Treated as encroachment and
environmental offence
Religious/cultural Existing structures to be District Collector/
structures within FTL surveyed; no new structures RDO
permissible within FTL; relocation
of encroaching structures to be
facilitated with community
sensitization.
Legal basis: APWALTA 2002/AP
Land Encroachment Act 1905.
District Collector shall convene
community meeting with religious
leaders and local elected
representatives before issuing
removal order, to facilitate
voluntary relocation. Where
voluntary relocation is not
possible within the notice period,
removal shall proceed as per law.
Unauthorized Prohibited without ERD EE (Irrigation)/
borewells/ground permission treated as District Collection/
water extraction encroachment under APWALTA, Ground Water
structures within FTL 2002 referral to Ground Water Department.
area Department for action under AP
Water, Land and Trees Act.
Emphasis supplied
48. A plain reading of the SOP, clearly reveals that the Principal Chief
Secretary for the State of Andhra Pradesh by taking aid of relevant provisions
and statutory realm from different legislations, articulated and encompassed
the SOP so as to protect the main components of “Doctrine of Public Trust”
such as land, soil, major and minor minerals, tress etc.
49. In the light of above overall facts and circumstances and the reasons
stated above, instant Writ Petition is disposed of with the following terms:
48
(i) The impugned proceedings vide Rc.No.2292/2015/G3/
Dt.08.04.2022 and Rc.No.2292/2015/G3/Dt.15.04.2022 issued by
the 3rd Respondent/District Collector, Vizianagaram are hereby
declared as arbitrary, illegal and contrary to the statutory provisions
envisaged in Mines and Mineral (Development and Regulation) Act,
1957 and Andhra Pradesh Minor Mineral Concession Rules, 1966
and also transgression of the “Doctrine of Public Trust” and
consequently, the same are hereby set aside;
(ii) Respondent No.1 (State of Andhra Pradesh) and its instrumentalities
are hereby directed to strictly adhere to the Standard Operating
Procedure (SOP) vide Circular Memo.No.ICD01-
COOR0MISC/60/2026-Reforms, dated 08.05.2026 in its true letter
and spirit without any retractions.
(iii) The Chief Secretary to the Government of Andhra Pradesh is hereby
directed to conduct a Review meeting, at least once every year to
assess and ensure the effective implementation of the above
Standard Operating Procedure (SOP).
There shall be no order as to costs.
Interlocutory applications, if any, pending shall stand closed.
___________________________________
JUSTICE MAHESWARA RAO KUNCHEAM
Date: 15.07.2026
PSA
Whether the Order is:
Speaking ✔ Reasoned ✔
Reportable ✔ Non-reportable
49
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 12895 of 2022
Date: 15.07.2026
Note: LR Copy to be marked
B/o.
PSA
