Telangana High Court

WP/3308/2004 of Radhe Nagar Colony Welfare Association (Regd.No.843/ Vs Government of Andhra Pradesh, on 29 December 2008

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MR JUSTICE L.NARASIMHA REDDY Writ Petition No.3308 of 2004 ORDER: The petitioner is a welfare association of Radhe Nagar Colony near H.S.Darga, Hyderabad. It is stated that when a lay out was submitted for that area, in which the colony has come up, an extent of 2000 square yards was set

THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWrit Petition No.3308 of 2004

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ORDER:

The petitioner is a welfare association of RadheNagar Colony near H.S.Darga, Hyderabad. It is statedthat when a lay out was submitted for that area, in whichthe colony has come up, an extent of 2000 square yardswas set apart for development into a park and that it hasbeen transferred in favour of Serlingampally MunicipalCouncil, 2[nd] respondent herein, which has since becomepart of Greater Hyderabad Municipal Corporation. Thegrievance of the petitioner is that the municipality is tryingto construct a community hall in the open area of 2000square yards. It is stated that on earlier occasion, a schoolbuilding was constructed in a corner and slowly the entireopen area was being put to a different use The petitionerseeks a writ of Mandamus to declare the action of therespondents in proposing to construct a community hall inthe area set apart for park in the final lay out, as arbitrary,illegal and unconstitutional. Consequential direction issought against the respondents to restrain fromconverting the park area for any other purpose.

The 2[nd] respondent filed a counter affidavit. It isadmitted that an extent of 2013 square yards of open areawas earmarked for park in the lay out sanctioned byHyderabad Development Authority vide proceedings dated 21.04.1992 in favour of Sri Anand Kumar andothers. The allegation of the petitioner that permissionwas accorded for construction of community hall in theopen area is denied. It is admitted that in the westerncorner of the open space, a school under DPEP schemewas constructed in the year 1999. The other allegationsmade by the petitioner are denied.

Heard Sri K.G.K.Prasad, learned counsel for thepetitioner and Ms. Kalpana Ekbote, learned StandingCounsel for respondents 2 and 3.

There is no dispute that an extent of 2013 squareyards of open place was earmarked for park whileaccording approval for the lay out in the land in SurveyNos.47,48 and 49 of Raidurg Paiga Village in the year1992. The petitioner complains that the 2[nd] respondentaccorded permission for construction of a community hall.Whatever may have been the basis for the apprehensionof the petitioner, the matter stands clarified with theunequivocal statement made by the respondents that nosuch permission was accorded. In paragraph 9 of thecounter affidavit, apart from denying the allegation of thepetitioner, the 2[nd] respondent has also stated that it hasno intention to take up any further construction over theopen space contrary to the provisions of the A.P.Municipalities Act and G.O.Ms.No.72, dated 20.02.2002.

With this, the grievance of the petitioner stands redressed.

The writ petition is accordingly disposed of taking onrecord the statement made by respondents 2 and 3 thatthey would not undertake any construction in the openplace, in Survey Nos.47,48 and 49 of Raidurg PaigaVillage, specified in permit No.9705/90, dated 21.04.1992,by the Hyderabad Development Authority. There shall beno order as to costs.

JSU

_________

29.12.2008

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

JSU

Writ Petition No.3308 of 2004

Date: 29.12.2008

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