COMMON ORDER

W.P.No. 19933 of 2012

The above writ petition is filed seeking the following relief:

"... to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the respondent Corporation in depriving the petitioners of the right of access to the main road by permitting and continuing the encroachments on the land acquired by it for the purpose of Tadipudi Pipeline in S.No.7/2B of Gopalapatnam village, Visakhapatnam Rural Mandal and Visakhapatnam District and further trying to access the encroachments to property tax under political influence as illegal, capricious and opposed to public policy and consequently direct the respondent Corporation to evict the encroachers...'

W.P.No.40066 of 2012

2. The above writ petition is filed seeking the following relief:

'... to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to declaring the action of the 3rd respondent in directing the 2nd respondent to address to the 1st respondent not to approve any plans for construction, behind the back of the petitioners and its predecessors in title, in petitioner land in S.No.7/2 of Gopalapatnam village and 1st respondent's consequent action in rejecting petitioners' application for conversion of land use vide proceedings in Rc.No.007615/2012/ACP-VI, dated 19.11.2012 on account of a G.O., which no more subsists on account of the repeal of the ULC Act, 1976 and also the rejection of petitioners building application vide proceedings B.A.NO.14277/2012/ACP/VI dated 23.11.2012 on the same ground and also for the reason of the encroachments on the land acquired by the first respondent for the purpose of Tadipudi Pipeline in S.No.7/2B of Gopalapatnam village, Visakhapatnam Rural Mandal as illegal, capricious and opposed to public policy and violative of petitioners' right guaranteed under Article 14, 19, 21 and 301a of the Constitution of India.'

3. a) Case of the petitioners, in brief, is that 1st petitioner company and 2nd petitioner purchased land admeasuring 7,393.20 square yards out of Ac.2.03 cents covered by old S.No.7-B and new S.No.7/2A of Gopalapatnam village under four registered sale deeds dated 25.04.2012 from M/s LG Polymers India Private Limited. The land covered by new S.No.7/2B was acquired by the Corporation for the purpose of laying Tadipudi Reservoir pipeline vide Award No. 11/1969 from the vendors of petitioners i.e. LG Polymers (the then Hindustan Polymers). The land acquired is assigned as S.No.7/2B.

b) Petitioners' plots are covered by private properties on three sides. Ingress and egress, to the land purchased by petitioners, is through the land covered by S.No.7/2B. It is also an Easement of necessity. The land acquired for the pipeline is supposed to remain vacant and the respondent, i.e. the Corporation; should not allow encroachments. However, the said piece of land was occupied by the encroachers. Petitioners approached the officials to remove the encroachments; however, no steps were taken in that regard.

c) Since the officials are not taking any action regarding removal of encroachments, petitioners filed W.P.No. 19933 of 2012.

d) Petitioners submitted application for change of land use to 1st respondent fide application in Rc.No.007615/2012 dated 25.05.2012. The said application was rejected by the authority based on the communication of 2nd respondent in Rc.No.6698/76/Gl, dated 15.09.2012 on the ground that the vendors of the petitioners violated the conditions imposed in G.O.Ms.No.526 dated 21.06.1997. The petitioners submitted building plans to 1st respondent vide application in B.A.No. 14277/2012/ACP-VI dated 13.09.2012 for construction of multi-storied residential complex comprising of stilt + G + five floors. The said application was rejected on the ground that vendors violated the conditions in G.O.Ms.No.526. Assailing the endorsements dated 19.11.2012 and 23.11.2012, petitioners filed W.P.No.40066 o