The main legal point established in the judgment is that land reserved for public purpose in a layout cannot be used for any other purpose, and the authorities are obligated to maintain such open spaces for the benefit of the public.

ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“ ……to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus {i} declaring the action of the respondents 3 and 4 in contemplating to construct ward sachivalayam and community hall by converting the place earmarked for park in the land situate between Door No 15 582 and 15522 at Sy.No. 953/1A, Andhra Bank (Union bank) Lane, Balaji Colony, Tirupati Urban, Tirupati District, as illegal, arbitrary, violative of Article 21, 49, 51-A(g) of the Constitution of India and contrary to several Judgments of this Honble Court and the Hon’ble Supreme court of India and{ii} consequently direct the respondents to restore and develop the public park in the land situate between Door No 1-5-582 and 1-5-522 at Sy No 953/1A Andhra Bank (Union bank) Lane, Balaji Colony, Tirupati Urban, Tirupati District, as it was meant for public park as per the layout even according to the 3rd respondent iii and to pass such other order or orders…….”

2. Brief facts of the case are that all the petitioners are retired employees and they are residents of Balaji Colony, Tirupati, since more than last 50 years. “Sri Balaji Cooperative House Building Society Limited” purchased land and formed Layout with the permission of the then Tirupati Municipality. The place between Door Nos.1-5-582 and 1-5-522 was shown as road. Therefore, the 1st petitioner made a representation to Municipality seeking permission to install a gate from the southern side of his house but the Municipality replied that it is not possible since the said place is earmarked as Park as per the layout. There is a huge 100 years old tree in the said land and a walking track. The said place earmarked for park is the only Urban lung place in the entire colony and being used by local residents.

While the matter stood thus, the 3rd respondent staff at the behest of the local politicians started clearing the park area with JCB and informed the residents around that a ward Sachivalayam and community Hall is going to be constructed in the said place. After erecting Shamiyana tents and other paraphernalia, the local politicians conducted a foundation stone ceremony for construction of Ward Secretariat. The petitioners along with other residents approached the Local MLA and submitted representation requesting not to disturb the land earmarked for park and to develop the park. Hence, the present writ petition.

3. This Court vide order dated 03.08.2022 has granted interim direction vide I.A.No.1 of 2022 in WP No.24011 of 2022, which reads as under :

“….The grievance of the petitioners is that the respondents are taking steps to construct Ward Sachivalayam and other constructions in the land earmarked for park in the land situated between Dr.No.1-5-582 and 1-5-522 situated at Sy.No.953/1A, Andhra Bank (Union Bank) Lane, Balaji Colony, Tirupati Urban, Tirupati District. It is settled law that no construction shall be made in the land earmarked for public purpose particularly for the parks and for public amenities and as such, there shall be interim direction as prayed for…”

4. Counter affidavit filed by the 3rd respondent denying all the averments made in the petition. It is stated that according to the approved layout, the schedule plot is an open space not earmarked for park. The contention of the petitioners is that the schedule plot is an open space in the approved layout meant for public purpose. The Ward sachivalayam is also for the convenience of general public of Ward No.23 and 29. It is stated that there is no other vacant site in the surroundings of the area and therefore this respondent proposed to construct Ward Sachivalayam for the convenience of the general public. It is further stated that there is sufficient open space on the eastern side of the layout shown in the layout plan No.56/1963 for Town Survey No.953/1A of Tirupati Town. The Andhra Pradesh Land Dev