S. B. SINHA, C. J.

( 1 ) THESE writ petitions involving common questions of fact and law were heard together and are being disposed of by this common judgment.

( 2 ) THE controversy in these writ petitions centers around the action o respondents 1 to 4 in permitting respondents 5 and 6 to construct commercial complex in land admeasuring 600 square yards, which was earmarked for a park, in Plot Nos. Sl and S2 of Indian Airlines Housing Colony located in Survey No. 194/11 of Begumpet village, Rangareddy District. Facts in brief:

( 3 ) THE facts as stated in Writ Petition no. 1253 8 of 1999, which is filed in public interest, are being considered for the purpose of deciding the questions involved.

( 4 ) THE Government has acquired an area of Ac. 12. 24 guntas in Survey No. 194/11 (Part) of Begumpet village by issuing a notification under Section 4 (1) of the Land acquisition Act on 10-6-1975 and invoking urgency clause for the purpose of constructing houses for staff of Indian airlines. In 1985, the layout was sanctioned by the Hyderabad Urban Development authority. By G. O. Rt. No. 4 (Housing) dated 20-2-1986, the Government had accorded permission to the A. P. Housing board to take up construction of 159 houses. A sale deed in favour of the petitioner was executed on 22-6-1996. The colony was named as Indian Airlines Employees housing Colony. According to sanctioned lay out an open space of 600 square yards was earmarked for park in the said colony. While so, respondents 7 and 8, being office bearers of a self-styled Managing Committee of the above housing colony, said to have sold 600 square yards to respondents 5 and 6 through a registered sale deed on 12-6-1996. On 29-8-1996, respondent No. 7 appears to have applied to respondents 3 and 4 for construction of a commercial complex and on 3-1-1997 the 4th respondent accorded sanction, however, with some conditions.

( 5 ) IN short, the grievance of the petitioner is that the action of respondents 1 to 4 in permitting respondents 5 to 8 for constructing multi-storeyed commercial complex in the open space reserved for park, according to sanctioned layout, is illegal. The petitioner prays to direct respondents 3 and 4, by demolishing the structure raised in the said land by respondents 5 and 6, to lay a public park.

( 6 ) WRIT Petition No. 25738 of 1997, in public interest, is filed to declare the permit no. 50/49 of 1996 granted by first respondent in favour of 5th respondent in respect of park area in Survey No. 194/11, Paigah lands, begumpet as illegal and to direct the respondents to develop the park by demolishing all illegal structures raised therein by the 5th respondent. Background:

( 7 ) ON 20-6-1974, the Andhra Pradesh housing Board sought permission of the state Government for acquiring Ac. 15-19 guntas of land at Begumpet, Hyderabad for constructing a housing colony for staff of indian Airlines. By reason of G. O. Ms. No. 132, Health, Housing and Municipal administration Department, dated 28-12-1974, the Government had permitted the A. P. Housing Board to acquire before 31-12-1974 the land not exceeding Ac. 15-19 guntas belonging to Paigah of Sri Viqarul Umra at begumpet, Hyderabad as a special case for the purpose of constructing a housing colony for the staff of the Indian airlines. On 10-6-1975 a notification under section 4 (1) of the Land Acquisition Act was issued and the land was acquired. In 1984, the Hyderabad Urban Development authority sanctioned layout, at the request of the Housing Board, wherein an area of 600 square yards abutting S. P. Road was earmarked for park. By G. O. Rt. No. 4 (Housing) dated 20-2-1986, the Government had accorded permission to the A. P. Housing board to take up construction of 159 houses. On 10-4-1987, alleged revision of layout of housing Board took place and the area earmarked as park in 1984 layout was shown as the land for commercial use and numbered as S1 and S2. On 5-10-1988, the Housing board, allegedly, authorised respondent

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