DEVINDER GUPTA, C. J.

( 1 ) THESE three appeals arise out of a common order passed on 24. 4. 2003 by a learned single judge of this Court disposing of Writ Petition nos. 1354 of 1998 and 5902 of 2003 (wrongly shown as W. P. 5902 of 1998 ). By the impugned order, the learned Single judge disposed of the writ petitions with certain directions to the District Collector, ranga Reddy and the Commissioner, kukatpally Municipality directing them to take immediate action for demolition and dismantling of certain structures which have come up in the open area admeasuring 2897 square yards in the layout plan approved by the Hyderabad Urban development Authority (HUDA) said to have been earmarked for development of park in Bhagayanagar Colony, Kukatpally. The dispute centres round the area alleged to be in illegal occupation of Sri Shirdi Sai samaj, Bhagyanagar Colony and claimed to be earmarked for development of park. The Samaj got constructed Shri Shirdi Sai baba Temple and other structures without the consent of the residents of the Colony. While directing demolishing and dismantling of the structures, which have come up in the park area occupied by the Shri Shirdi Sai samaj, learned Judge, however directed that the actual area occupied by Shri Sai baba Temple be excluded and other structures, whether it be temporary or permanent, be dismantled and removed forthwith. It was specifically made clear by the learned Single Judge that the area of about 2,597 square yards, after excluding 300 square yards occupied by temple be developed as a park and directed that compliance thereof be filed within a period of three months by the Municipality. The municipality was also directed to commence the work of development of park forthwith and Byagyanagar Colony Welfare association was asked to deposit an amount of Rs. 50,000/- towards development of park within one month.

( 2 ) IN order to appreciate the respective submissions made by the parties it will be necessary to briefly refer to certain facts necessary for the disposal of these appeals: Bhagyanagar Co-operative Housing society Ltd. , purchased an extent of Ac. 27. 13 gts. in S. Nos. 162, 163, 165 and 167 to 170 situated at Kukatpally Village, Balanagar mandal, R. R. District. Layout plan was obtained and after formation of Kukatpally municipality, by resolution-dated 29. 12. 1988 the Municipality approved the plan and huda also approved the same by proceedings dated 5. 2. 1990. It is admitted fact that as per layout plan 193 plots were carved out and an area of 2878 square yards was earmarked for park. Majority of the plot holders have already constructed apartments/complexes and are residing in the Colony known as Bhagyanagar Colony. On 30. 12. 1997 Writ Petition No. 1354 of 1997 was filed by five petitioners viz. , bhagyanagar Residents Welfare Association; bhagynagar Colony Development association; Bhagyanagar Colony Consumer association; Bhagyanagar Mahila (all societies registered under the Societies registration Act) and Forum for Peoples thought impleading the Government of andhra Pradesh and District Collector, r. R. District as Respondents 1 and 2, municipal Commissioner, Kukatpally municipality as Respondent No. 3, Mandal revenue Officer, Balangar as Respondent no. 4, HUDA represented by its Chairman as Respondent No. 5 and Sri Shirdi Sai Samaj represented by its Secretary as Respondent no. 6. The petitioners alleged that Colony had a population of about 8,000 and in the layout plan 2878 square yards was set apart for the purpose of development of a park, but in the years 1995-96 Shri Shirdi Sai samaj, Bhagyanagar Colony constructed temple in an extent of 300 square yards out of 2878 square yards park area. It was alleged that Respondent No. 6 without obtaining the consent of the petitioners or the consent of the residents of the Colony got constructed the temple. The petitioners maintained that they have no objection for continuing the temple in an area of 300 square yards, but

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