Point of Law: Rules were notified as per G.O.Ms. No. 275 of Municipal Administration and Urban Development (H) Department dated 18.07.2017 wherein it was mentioned that in the past, under several GOs, each of the Urban Development authorities and Municipal Corporations and Gram Panchayats have formulated different layout Rules and there were no clear provisions with respect to affordable housing, environmental clearance and amenities to be provided in the layout areas and therefore, need was felt to revise the existing layout Rules and issue a common and comprehensive layout Rules for all the urban development authorities and urban local bodies in the State

ORDER :

1. The petitioners implore for writ of mandamus declaring action of respondents in highhandedly attempting to construct the Grama Sachivalayam (Village Secretariat) building in the land in an extent of 750 sq. yards earmarked for the purpose of Park/ Community Hall/Play Ground of the 1st petitioner’s Association, bearing S. No. 506/1, Layout Permit No. 2776, C. No. 12056/76-05 situated in Telecom Colony Welfare Association, Gollapudi, Krishna District in spite of availability of various other lands belonging to the respondents herein, as illegal, arbitrary and violative of Articles 14, 21, 19 and 300-A of the Constitution of India and contrary to Layout Rules and for a consequential direction to the respondents not to construct any structures including Grama Sachivalayam Building in the aforesaid land.

2. The petitioners’ case is thus:

(a) The 1st petitioner is the Secretary and 2nd petitioner is the President of Telecom Colony Residents Welfare Association, Gollapudi. 1st petitioner society is a registered society. It entered into an Agreement of Sale in respect of Ac. 5.3453 of land in R.S. No. 506/1 situated at Gollapudi with its original owners and developed it into a residential colony. The 1st petitioner applied for layout permission to the Director of Town and Country Planning, Government of Andhra Pradesh and same was sanctioned under Layout Permit No. 27/76 (C. No. 12056/76-D5) in R.S. No. 506/1 for the total extent of Ac. 5.3453 of Gollapudi Village.

(b) As per the approved layout plan, there were 39 plots with a total extent of 13307 sq. yards out of total extent of land. While applying for layout approval, the original land owners have filed a declaration in favour of authorities leaving certain extent of land for roads and for common utility purpose i.e. for Road No. 1-1513 1/3 sq. yards; Road No. 2 - 979 sq. yards; Road No. 3 - 2511 2/3 sq. yards; Road No. 4 - 1056 sq. yards; Road No. 5 - 1193 4/9 sq. yards; Road No. 6 - 1571 sq. yards and Common Plot area of 1300 sq. yards totalling 10124 4/9 sq. yards out of total extent of Ac. 5.3453. The open space is meant for parks and other community purposes.

(c) After layout approval, the members of the Society who purchased plots have constructed houses. They filled the earth in the low lying reserved site of 1300 sq. yards and some part of the said land was left for road and in an extent of 450 to 500 sq. yards, they have constructed Vijayaganapathi Temple with their funds. The present open space is used for playing by the children, walking by the elders, conducting functions and also as a park etc. The 1st petitioner left an extent of 750 sq. yards for the purpose of constructing a Community Hall/Park/Playground/Temple for the benefit of the residents of the colony. The 1st petitioner’s Association has been requesting the authorities to release funds for construction of Community Hall in the reserved site from Vijayawada Rural Mandal funds. However, till date no action has been taken by the authorities in that regard.

(d) While so, on 02.01.2020 the staff of 4th respondent came with JCB and workers to the layout open site of the 1st petitioner’s Association and when enquired, they said that they are going to construct Grama Sachivayalam building on the reserved site. The residents of the colony objected and questioned the authority of 4th respondent to make construction highhandedly. With much persuasion, the authorities left the spot saying that Government have granted them permission to construct Village Secretariat building over the said land. As per law, the earmarked site cannot be used for any other purpose except for the benefit of the colony people. Various Government lands are available in the vicinity for construction of Village Secretariat building for instance, (1) Ac. 0.70 cents of land is available at Moula Nagar, opposite to NH-9, (2) a Two Storied building with a community hall and a vacant parking space and DWCARA room is available at Ambedkar Nagar