The following Draft Variation to the roads notified in the Revised Master Plan 2020 for Ramchandrapuram zone was proposed by the 3rd respondent-State Government vide Memo No.10720/I/2010-5, MA & UD, dated 3.12.2010 in exercise of its powers under Section 15(1) of Hyderabad Metropolitan Development Authority Act, 2008 (for brevity ‘the Act’).

“The Master Plan road of 45 mtrs. wide road passing through Sy.Nos.97 & 98 of Madeenaguda Village and in Sy.Nos.54 and 320/2 of Chandanagar (V) up to a stretch of about 450 mts. is now proposed to be re-aligned along the existing 9 mtsrs. wide road by widening on both sides which passes through Sy.Nos.320/1 & 319 of Chandanagar Village upto stretch of about 450 Mtrs. in place of 45 Mts., deletion portion is designated adjacent land use as per Master Plan, subject to out come of the Court cases pending if any.”

2. The said proposal was published in the extraordinary issue of A.P. Gazette No.693, dated 6.12.2010 inviting objections/suggestions from the public to be submitted within 15 days from the date of publication. The said proposal was also published in local newspapers, viz., Indian Express (English daily) and Surya (Telugu daily) on 18.12.2010 as required under Section 15(3) of the Act.

3. No objections/suggestions were received including from the petitioners. The 3rd respondent-State Government therefore confirmed the aforesaid proposal vide G.O.Ms.No.22, MA & UD Department dated 12.01.2011.

4. Petitioner Nos.2 to 14 are the members of the 1st respondent-welfare society. They own plots in Sy.No.320/1 of Chandanagar village. The re-aligned Master Plan Road as per the aforesaid Notifications passes through the plots of the petitioners. Hence they have challenged the aforesaid notifications in this writ petition.

5. Briefly stated, the writ averments are that, land admeasuring Ac.10.30 guntas situated in Sy.No.320/1 of Chandanagar Village, Serilingampalli Mandal, Ranga Reddy District, originally belonged to Vantala Lingaiah and other members of his family. The said owners obtained a layout from Chandanagar Gram Panchayat, dividing the land into 88 plots. There is a 30 ft. wide road in the layout passing through the land in Sy.No.320/1. Petitioners 2 to 14 are owners of some of the plots in the said layout. Some of the members of the petitioner-society, who owned plots, have submitted applications for regularization under A.P. Regulation of Un-approved and Illegal Layout Rules, 2007 issued in G.O.Ms.No.902 MA & UD dated 31.12.2007 and G.O.Ms.No.113 MA & UD dated 31.01.2008. Some of the plots are said to have been regularized and some applications are said to be pending.

6. The petitioners further aver that initially Master-plan was proposed to be revised by the Government without affecting their plots. A notification was published in the A.P. Gazette dated 31.05.2007 as required under Section 12(3) of the Andhra Pradesh Urban Area (Development) Act, 1975, and after taking into consideration the objections received thereto, the proposal was approved vide G.O.Ms.No.288, dated 3.04.2008.

Under Item No.93 clause (d) of Annexure-II of the said G.O., 45 meters width road was designated connecting Old Bombay highway with New Bombay highway passing through Sy.Nos.49, 50, 48 etc., of Madeenaguda village and Sy.Nos.73, 85, 83 of Serilingampally village. The petitioners are not affected by the said notification. However, attempts were made by the Greater Hyderabad Municipal Corporation Authorities to lay a road by widening the 30 ft. road existing on the land of the petitioners in Sy.No.320/1 contrary to the aforesaid notification. The petitioners challenged the said action in W.P.No.27661 of 2009 as opposed to the notification in G.O.Ms.No.288, dated 3.04.2008 and obtained an interim order interdicting the widening of road (The said W.P. was heard along with this W.P. and is dismissed as the cause required no adjudication on merits in view of the challenge to the revised plan in this Wri