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2003 Supreme(AP) 610

Andhra Pradesh High Court
Judges : V.V.S.RAO
BHAGYA NAGAR COLONY WELFARE ASSOCIATION - Appellant
Versus
Government Of A.P., REP.BY ITS SECRETARY - Respondent
Decided On : 04-24-03

Headnote:

Andhra Pradesh Municipalities Act, 1965 - Rules, 1982 - Human Environment, 1972 - Constitution (42nd amendment) Act, 1976 - Article 48-A – Contrary - Whether any of existing structures is being used as reading room and same is suitable from public point - Writ Petition being they prayed to issue a Writ of mandamus directing respondents Government of Andhra Pradesh District Collector District Municipal commissioner Municipality, Vice-Chairman, HUDA and Secretary of protect park area in colony - Writ Petition was admitted on first petitioner again filed praying this Court to declare proceedings of District Collector as illegal and contrary -Held, Therefore for above reasons these two writ petitions are disposed of with following observations and directions Notwithstanding any order passed by any Civil Court and government of Andhra Pradesh or District Collector municipality shall immediately take action for demolishing and dismantling all structures which have come up in open area admeasuring sq. yards in lay out approved by Hyderabad Urban Development authority whatever be amount spent on such structures forthwith - Municipality may take police help if necessary It is made clear that all Associations espousing cause and public interest of residents are before this Court and no further notice is necessary to anybody - Actual area occupied by temple shall be excluded and other structures be it temporary or permanent shall also be dismantled and removed forthwith – Order Accordingly

V. V. S. RAO, J.

( 1 ) THE land comprised in Survey Nos. 162, 163, 165 and 167 to 170 of kukatpally was developed as Bhagyanagar Colony. Lay out was approved by the Hdyerabad Urban Development Authority (HUDA) by its proceedings no. 56/mp-II/huda/89, dated: 5. 2. 1990. Multi-storeyed residential complexes/group housing were constructed and houses were allotted. A portion of the land admeasuring 2,897 sq yards was earmarked as a park/open space. As usually happens in all such layouts, the land earmarked as park/open space was not utilized for the purpose for which it has earmarked.

( 2 ) IN the year 1998, four welfare associations of Bhagyanagar Colony, namely, Bhagyanagar Residents Welfare Association (hereinafter called as "the first petitioner"), Bhagyanagar Colony Development Association, bhagyanagar Colony Consumer Association and Bhagyanagar Mahila (another association) and the Forum for People s Thought, Bhagyanagar Colony filed writ Petition being W. P. No. 1354 of 1998. They prayed to issue a Writ of mandamus directing the respondents, namely, the Government of Andhra pradesh, the District Collector, Ranga Reddy District, Municipal commissioner, Kukatpally Municipality, Vice-Chairman, HUDA and Secretary of Sri Shirdi Sai Samaj, Bhagyanagar Colony to protect the park area in the colony. The Writ Petition was admitted on 27. 2. 1998. The first petitioner again filed W. P. No. 22218 of 2002 praying this Court to declare the proceedings of the District Collector, dated: 1. 11. 2002, as illegal and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1965 ("the Act" for brevity ). They also sought a declaration that resolution No. 1206 dated: 29. 8. 2002 of Kukatpally Municipality is valid in the eye of law. Be it noted that by the resolution dated: 29. 8. 2002, the municipal Council resolved to keep the open area as a park and display board as such. The District Collector ordered to remove illegal structures existing in the said area. Be it also noted that the District collector also considered the order passed by this Court in W. P. No. 6524 of 2002 filed by the Senior Citizens Council praying for a Writ of Mandamus declaring the action of the Municipality in allowing third parties to construct structures in the park area, which was disposed of by this Court directing the Municipality to take appropriate action after considering the representation made by the petitioner therein.

( 3 ) BY an order dated: 8. 11. 2002, this Court disposed of W. P. No. 22218 of 2002 observing as under:"the ultimate direction contained in the notice is only for removal of illegal structures. The question whether any of the existing structures is being used as reading room and the same is suitable from the public point of view and whether the stage which is said to be in existence would sub-serve any public purpose are the matters which need to be considered by the appropriate authorities. Further, even after the area is cleared of any illegal structures, the petitioners can certainly submit a representation to the respondents for providing those very amenities in an orderly and systematic manner, which in turn, will be for the benefit of the residents of the locality. Viewed from any angle, no exception can be taken to the impugned notice. It is, however, directed that while taking further steps in pursuance of the impugned notice, the feasibility or otherwise of retaining any of the structures shall be considered. It is further clarified that no individual shall be entitled to have any proprietary or preferential rights as regards the possession or maintenance of the said public property. "

( 4 ) AT that stage, the Bhagyanagar Colony Welfare Association (hereinafter called as "the second petitioner") filed Writ Petition No. 5902 of 2003 seeking a direction to the respondents, namely, Government of Andhra pradesh in Municipal Administration Department, District Collector, Ranga reddy District and Kukatpally Municipality, to remov
















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