Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN, V.ESWARAIAH
Vice Chairman, Hyderabad Urban development Authority - Appellant
Versus
Diamond Hills Welfare Association - Respondent
Decided On : 11-01-02
Contentions – Notification issued - Complaining violation - Review Petition is filed - Seeking review of orders of this Court dismissing Contempt Appeal filed against order of a single Judge in Contempt case holding that she was guilty of contempt and directing compliance with directions issued - Review petitioner to consider grant of layout to respondent - Association without reference to urban land ceiling clearance and title and to release layout within a period of two months from of receipt of order – Held, Writ Petition was filed in year and both parties are not in a mood to come within possible field and are waging a war against each other - There is no purpose in postponing matter any further - Therefore some time limit is to be fixed to resolve dispute without any further delay - Court therefore in substitution of directions issued by Single Judge issue following direction review petitioner and Huda shall consider grievance of respondent - Association in its proper perspective and dispose of matter with reference to various Government Orders correspondence communications etc - Filed as annexures to Paper Book filed by review petitioner as also documents communications Government Orders etc - Petition allowed
( 1 ) BOTH these matters being interconnected were heard together and are being disposed by this common Judgment.
( 2 ) ). Review Petition No. 600 of 2002 is filed by Smt. Lakshmi Parthasarathy, Vice-Chairman, hyderabad Urban Development authority, Hyderabad (hereinafter referred to as review petitioner) seeking review of the orders of this Court dated 17-4-2002 dismissing the Contempt Appeal No. 7 of 2002 filed against the order of a learned single Judge dated 21-2-2002 in Contempt case No. 1002 of 2001 holding that she was guilty of contempt and directing compliance with the directions issued in W. P. No. 26192 of 1998 dated 11-11-1998 and the directions issued in CC. No. 1289 of 1999.
( 3 ) L. P. A. NO. 179/02 is filed against the directions issued in C. C. No. 1002 of 2001 directing the review petitioner to consider the grant of layout to the respondent- association without reference to the urban land ceiling clearance and title and to release the layout within a period of two months from the date of receipt of the order.
( 4 ) WE have heard the learned Advocate general and Sri S. Satyam Reddy, learned standing Counsel for HUDA appearing for the review petitioner, Sri C. Hanumantharao and Sri M. Hari Babu, learned counsel appearing for the respondent in review petition.
( 5 ) BEFORE we take up the contentions of the parties, it is necessary to set out few facts leading to the filing of the present review petition.
( 6 ) M/s. Diamond Hills Welfare association, Gachibowli, Serilingampally mandal, Rangareddy District (hereinafter referred to as respondent-association) has filed W. P. No. 26192 of 1998 for a Writ of mandamus directing the respondents to release the lay-out in respect of S. Nos. 48 to 52 and 53 (P), Gachibowli village as per the decision of the Government in Memo. No. 3283/i (1)/-89-3 M. A. dated 31-12-1990 to the respondent-association.
( 7 ) THE respondent-association consists of 353 plot owners in S. Nos. 48 to 52 and 53 (P), Gachibowli village. The association has applied for conversion of the land from recreation zone to residential zone to the government and HUDA. The State government issued Memo dated 31-12-1990 converting land in S. No. 18 (part), S. Nos. 48 to 52 and 53 (part) to an extent of Ac. 65. 00 from recreational and tourism use to residential use subject to the conditions that the layout should be got regularised through serilingampally Municipality in terms of g. O. Ms. No. 367 M. A. dated 12-7-1988 and payment of development charges to HUDA and directed to issue a draft notification in the Official Gazette calling objections. The association has accordingly paid rs. 2,40,901/- towards development charges. The association has also applied for grant of layout for the aforesaid survey numbers. As the respondents have not regularised the lay out of the petitioners, the association has filed the aforesaid writ petition. The grievance of the members of the association is that due to the inaction of the HUDA in not releasing the lay out, they are not able to construct their dwelling houses. The case of huda is that the Government has not issued final notification and as such no action could be taken. At the stage of admission, after hearing both the parties, a learned Single Judge of this Court disposed of the Writ Petition on 11-11-1998 in the following terms: the petitioner is a welfare association owning certain land by its members and it made an application to the government for conversion of the said land from recreational zone to residential zone under Zoning regulations. Considering the nature of the request the Government issued draft notification on 31-12-1990 seeking objections from the public. However, after considering the matter the government issued final notification in g. O. Ms. No. 85, M. A. dated 15-12-1994. The grievance of the petitioner is that even though the Government have cleared the matter and permitted for the conversion sought, the respondents are n
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