Court mandates necessary approvals from District Collector and Gram Panchayat for construction of religious sites
In a significant ruling, the Andhra Pradesh High Court, presided over by Justice R. Raghunandan Rao, has halted the construction of a place of worship in Maanchala Village, Kurnool District, citing the absence of requisite approvals from the District Collector and Gram Panchayat. The judgment comes in response to a writ petition filed by P. Karna and another petitioner, challenging the legality of the construction initiated by respondent No.6.
The court emphasized the mandatory requirement of obtaining prior approval from the District Collector under Rule 26 (2) of the Andhra Pradesh Gram Panchayat Land Development (Layout & Building) Rules, 2002, and permission from the Gram Panchayat as per Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994. The court noted that these permissions are crucial to ensure that the use of the site does not endanger public peace and order.
Respondent No.6 claimed that the construction was intended to replace a dilapidated structure that had existed since 1982. However, the court observed that no evidence was presented to confirm the filing of an application for building permission prior to the commencement of the construction. The court clarified that the deeming provision, which allows construction if the local body fails to respond to an application, applies only when an application is made before the start of construction.
Justice Rao directed the official respondents to prohibit any construction activities until all necessary approvals are secured and respondent No.6 can demonstrate a legitimate title over the property. The court also ruled that any future permissions should involve notification to the petitioners, allowing them to present pertinent material to the authorities.
The judgment underscores the importance of adhering to legal procedures and obtaining proper authorizations before undertaking construction activities, especially for structures intended for public worship.
Bottom line:-
Construction of a place of worship requires prior approval from the District Collector and permission from the Gram Panchayat under relevant rules. Without such approvals, construction cannot be regularized or permitted.
Statutory provision(s): Andhra Pradesh Gram Panchayat Land Development (Layout & Building) Rules, 2002 Rule 26 (2), Andhra Pradesh Panchayat Raj Act, 1994 Section 121
P. Karna v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2948827
