S. B. SINHA, C. J, J.

( 1 ) WHETHER a portion of the park can be alienated in favour of third party by the 1st respondent-Corporation is the question involved in this writ petition. FACTS :

( 2 ) THE Visakhapatnam Town Planning Trust has developed a lay out in china Waltair and has also allegedly earmarked and extent of 775. 53 sq. yards in S. No. 102, Block No. 13, Ward No. 21 for the purpose of development of a park. Allegedly a huge amount was spent for the said purpose.

( 3 ) FOR the purpose of widening Waltair main road an extent of 443. 20 sq. yards belonging to the 2nd and 3rd respondents was sought to be acquired whereupon the 2nd and 3rd respondents filed a suit marked as O. S. No. 45 of 1988 on the file of the III Additional Subordinate Judge at Viskhapatnam which was decreed directing the 1st respondent to allot a suitable alternate land to the 2nd and 3rd respondents. Allegedly pursuant to the decree in the aforementioned suit the 1st respondent has resolved in principle to exchange an extent of 775. 20 saq. yards in S. No. 102 to the 2nd and 3rd respondents which includes, according to the 1st respondent, an extent of only 419. 50 sq. yards of the site earmarked for the

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