( 1 ) THE petitioner association filed these writ petitions seeking a direction against respondents 1 and 2 to provide adequate protection to the petitioner Welfare Association for the purpose of developing the open place measuring 289. 3 Sq. yards in one writ petition being WP No. 31271 of 1997. The petitioner also sought similar direction with respect to lands measuring 481. 4 Sq. yards and 178. 4 Sq. yards in WP Nos. 31082 of 1997 and 27237 of 1997 respectively. All the writ petitions were heard together, counters have been filed and they are decided by this common judgment.

( 2 ) THE petitioner submits that, these petitions are filed in public interest. He submits that respondent No. 3 and his cousins were the owners of land admeasuring 65,999. 57 Sq. yards in Survey No. 30, 31 and 32 situated at Kakaguda Village, Secunderabad Cantonment, Secunderabad. The said land was agricultural land. To convert the land into residential area, permissions had to be sought from Central Government, State Government and local authority i. e. , respondent No. 1. For obtaining such a permission the owners had to gift 40% of the land which would be utilised by the Cantonment Board for the general welfare of the area for the purpose of roads, parks, open area and so on. The land was ordered to be converted and respondent No. 3 sold his share of agricultural land which was allowed to be converted into residential land to Jyothi Co-operative Housing Society. One Mr. Parandhamam sold his share to Swamy Ayyappa Co-operative Society. The said two societies have sold the properties to their respective members and two colonies developed. Jyothi Co-operative Housing Society is located in Sy. No. 30, 31, and 32 in the total area of 6,534 Sq. yards and plotted area is 3,919 Sq. yards. An area of 2,614 Sq. yards was gifted to the Cantonment Board for open area, Roads and Parks. Out of this land, respondent No. l allotted 481. 4 Sq. yards to the association for maintaining a park. According to the petitioner, respondent No. 3 gifted 40% of the vacant land to the Cantonment Board and out of this 40% an area of 481. 4 Sq. yards were meant for the park. But, the case of the petitioner is that, on the one hand 40% of the area was gifted out and on the other hand the respondent owners are making efforts to grab the land by making constructions illegally over the open space. It is submitted that, after the persons satisfied that the colony would be with basic amenities, they purchased the plots in the said colony. The petitioner further submits that the vacant land demarcated for the park in the layout is being tress passed by the encroachers and the land grabbers. This was brought to the notice of the Cantonment Board through representations dated 16-11-1996, 5-1-1996, 25-9-1996, 13-4-1996, 15-2-1997 and 28-6-1997. The part was not fenced as according o the petitioner respondent No. l expressed his inability due to the paucity of funds. Thereafter, according to the petitioner they requested respondent No. 1 to grant permission to them to develop the open space to the extent of 481. 4 Sq, yards in Sy. No. 30, 31 and 32 into the park for children and as green belt. The Cantonment Board granted permission through letter dated 1-7-1997. But, when the association started implementing the order, respondent No. 3 accompanied with some un-social elements arrived and forcefully entered into the said property on 6-7-1997 and drove away the members of the petitioner association, their men, material and threatened with dire consequences. Respondent No. 3 claim the property to be his own property and did not allow the petitioner association to develop the-park. The matter was then brought to the notice of the Cantonment Board, but the Cantonment Board expressed its inability to give adequate protection for the fencing of the park. The Police was also approached but according to the petitioner. Police showed their inability as according to them it was a civ