15/ per acre per annum.
they own about 500 acres of land in and around that village.
to companysider and recommend proposals for improving the drainage system in the area and any other recommendation that the committee desires to make for prevention of floods and inundation.
as the financial resources of the andhra pradesh government were already over strained the government had to think of other measures for raising the necessary funds.
krishna western delta 500 486800 15/ 438 krishna central 125500 krishna eastern and 612700 godavari western 490000 deltas.
the rest of the petitioners are residents of different villages in krishna district and own an area of about 4000 acres in that district.
35 crores and the excess over the anticipated collection amounting to about rs.
the high companyrt while dismissing the appellants writ petition repelled the companytention that the provisions of the act were violative of article 14 of the companystitution and that the levied by the act was a fee and number a tax likewise the argument put forth on behalf of the appellants that the state legislature was number companypetent to levy drainage cess and there were numbereffective provisions for appeal and revision number find favour with the high companyrt.
name of the divisionrate of drainage cess leviable number and companylectable 1 2 3 the godavari eastern delta rs.
9 crores would be borne by the state government.
the affidavit filed on behalf of the respondents shows that the floods and drainage problems of all the lands in the delta area were number similar or of equal magnitude.
the respondents were companysequently permitted to file an affidavit in this court.
the terms of reference of the companymittee were to suggest a companyprehensive plan for control of floods in the companystal rivers like budameru thammileru and yerrakalva by construction of detention reservoirs or by diversion into adjoining valley or any other methods.
on account of the difference in the nature of problems and the needs of improvement requiring different scales of expenditure in each division it was decided that the levy of drainage cess on the lands in each division should vary in rate in accordance with the estimated expenditure for drainage work in that division.
appeal from the judgment and order dated march 27 1969 of the andhra pradesh high companyrt in writ petition number 998 of 1969.
it was also felt that in view of the nature of floods and the drainage problems the unity of the existing drainage systems the geographical situation and the benefits likely to be derived from the improvements proposed it would be neither desirable number technically feasible to further subdivide any of the above divisions into smaller units.
the companymittee in its report submitted in january 1966 suggested various measures and schemes for tackling the problem of floods and drainage.
the godavari central delta rs.
godavari western delta the krishna eastern delta and the krishna central deta.
plans for ameliorating the situation were under companysideration for nearly half a century.
it was after taking into account the quantum of expenditure on the schemes proposed and the irrigated area which would be benefited as a result of those schemes in each division and also keeping in view the fact that the period of collection of drainage cess was six years that the state legislature provided the rates of drainage cess per acre per annum for the four divisions originally in the bill as introduced in the legislature a rate of rs.
as such they are liable to pay land revenue.
the area companyprising the rs.
annum cipated to rs.
the act came into force on 20th december 1968.
the four divisions were 1 godavari eastern delta ii the godavari central delta iii the area companyprising the godavari western delta krishna eastern delta and the krishna central delta and iv krishna western delta.
be companylected over 6 years in lakhs rs.
the floods of 1964 highlighted the need for immediate action for solving the recurring problem.
as the petition under article 226 of the companystitution of india which is the subject of civil appeal was dismissed at the stage of admission numberaffidavit on behalf of the respondents was filed in the high companyrt.
the bill which formed the basis of the act was there after introduced in the andhra pradesh legislative assembly in june 1968.
25to ps.29 per acre per annum.
the above division of the delta area into four units was in accordance with the findings of the mitra companymittee.
the krishna godavari delta system provides irrigation facilities primarily for paddy crop over an ayacut area of about 22 lakh acres annually in the companystal districts of guntur krishna west and east godavari.
at the time the above mentioned bill was introduced in the legislature in july 1968 the following estimate in tabular form of the various expenditures was given on behalf of the government name of division total esti approxi maximum total maxi numbermated ex mate ayacut rate of mum penditure in acres drainage amount of on schemes cess per drainage in lakhs acre per cess anti rs.
as such the need for improving the existing drainage works and constructing new works for the companytrol of floods and drainage problems varied companysiderably from one part of the delta area to the other.
9 09 to companysider and recommend proposals for lowering the flood level of kelleru lake either by improving the outfall channel upputeru or by pumping or by both.
the total expenditure was thus expected to go up to rs.
land revenue.
this fact resulted in difference in the magnitude of the proposed work and the estimated expenditure for one part of the delta area and those for the other.
the chief engineer of andhra pradesh expressed the view that the proposed flood control and drainage schemes companyld be implemented in a period of six to seven years if adequate financial resources including foreign exchange for the required dredging equipment were made available.
and original jurisdiction writ petition number 251 of 197 1.
writ petition number 251 of 1971 has been filed by 434 petitioners.
the krishna western delta rs.
affidavit of shri d. venkatdri assistant secretary government of andhra pradesh was thereafter filed on behalf of the respondents.
the expenditure on the drainage schemes shall be debited to the appropriate head of account within the companysolidated fund of the state either in the revenu or capital head according to the expenditure falling under revenue or capital head and at the end of each financial year an equivalent amount shall be transferred from the krishna and godavari drainage cess fund account to the concerned head by means of a deduct entry.
one of the recommendations of the companymittee was that the aforesaid drains should be improved by deepening and widening the to suitable sections.
the krishna godavari delta area has most fertile lands and paddy crop is raised there on at an extensive scale.
subtract to the provision under sub section 1 of section 8 at the end of each financial year an equivalent amount shall be transferred to the krishna and godavari drainage cess fund account by debit to 9.
the estimated expenditure according to the affidavit filed on behalf of the respondents was expected to go up by 10 to 20 per cent during the companyrse of six to seven years of the companypletion of the scheme.
10/ per acre per annum.
10 per acre per annum.
the companymittee numbered that most of the existing drains were small in size and short in length.
the irrigated lands in the above delta system are subject to frequent floods and drainage companygestion resulting in heavy loss of crores of rupees per annum because of the damage to the crops.
apart from causing damage to crops the floods disrupt rail and road communications for long periods.
the government of india in the ministry of irrigation and power as per resolution dated october 9 1964 companystituted an expert companymittee under the chairmanship of shri a. c. mitra engineer in chief uttar pradesh for suggesting a comprehensive plan for companytrolling the floods.
the estimates companymittee of the andhra pradesh legislative assembly in its report also recognized the need for solving the problem of drainage in the area and observed that the amount of drainage cess companylected should be kept separate.
the committee after having an extensive tour in the area made some recommendations for improving all the drains in the delta area of the krishna and godavari rivers and also formation of flood moderating reservoirs across budameru yerrakalva.
it was therefore companysidered unjust and irrational to treat the entire delta area as single unit and companylect drainage cess at a uniform rate from all the lands.
the extent of improvement needed in the existing flood companytrol and drainage work in the area and their estimated expenditure and the need to companystruct further flood control and drainage works in the area and their estimated expenditure.
the drainage characteristics and the unity of drainage system or systems in the area.
25 per acre per annum was prescribed in division companyprising the godavari western delta krishna eastern delta and the krishna central delta but the legislature reduced the rate for that division from rs.
number 223 of 1970.
the whole delta area was companysequently divided into four companypact and companytiguous units which were termed divisions by broadly adopting the following criteria the geographical features of the area.
20/ per acre per annum.
a more detailed supplementary affidavit of shri venkatdri has also been filed on behalf of the respondents and the same officer has filed his affidavit in opposition to the petition under article 32 of the constitution.
the appellants in the civil appeal belong to different taluks of the west godavari district and own extensive areas of land in 10 l736ssupcl/72 that district.
ram reddy and p. parameswara rao for respondents in both the matters .
the floods are caused mainly by rivers like budameru thammileru and yerrakalva.
1 to 38 in the writ petition are residents of tenneru within the area of vijayawada taluk.
the execution of the schemes and implementation of the measures suggested by the mitra companymittee along with the other drainage schemes as might be found necessary after detailed investigation involved an expenditure of several crores of rupees.
recommendation was also made that all drains should be brought to their design section and maintained in that companydition.
the judgment of the companyrt was delivered by khanna j. the vires of the andhra pradesh krishna and godavari delta area drainage cess act 1968 act number 11 of 1968 hereinafter referred to as the act has been challenged in civil appeal number 223 of 1970 as well as in writ petition number 25 1 of 1971.
civil appellate jurisdiction c.a.
2592 lakhs through companylection of drainage cess over a period oil six years.
the expenditure incurred by the board for purposes companymon to all or any of the divisions like the establishment tools and plants shall be apportioned among the division companycerned as far as possible in the proportion in which the expenditure is incurred on the drainage schemes in these respective divisions.
the respondents in the appeal are the state of andhra pradesh and the companylector of west godavari district while those in the writ petition are the state of andhra pradesh and the companylector of krishna district.
following numberification was issued on december 17/20 1968 under subsection 1 of section 3 of the act in exercise of the powers companyferred by sub section 1 of section 3 of the andhra pradesh krishna and godavari delta area drainage cess act 1968 andhra pradesh act 11 of 1968 the governumber of andhra pradesh hereby specifies in companyumn 3 of the table below in respect of the division mentioned in companyumn 2 thereof the rate of tax per acre per annum that shall be levied and companylected by the govemment for the first year companymencing on the 20th december 1968 date of companymencement of the act as drainage cess on every land in the delta area companyprised within the said division table sl.
r. chaudhuri and k. rajendra chowdhary for the peti tioners in w.p.
petitioners number.
m. singhvi krovidi narasimhan s. k. dhingra and a. subba rao for the appellants in c.a.
number 223 of 1970 .
number 251 of 1971 .
civil appeal number 223 has been filed on a certificate granted by the andhra pradesh high companyrt against the judgment of that companyrt whereby petition under article 226 of the companystitution of india presented on behalf of the eight appellants to assail the vires of the act was dismissed at the stage of admission.
the matter was thereafter discussed with he representatives of the people belonging to the area and a proposal was adopted for companylection of drainage cess for tackling the problem of floods and drainage in the krishna godavari delta.
