Public lands designated for parks cannot be repurposed for commercial use without proper authority and procedural compliance, as dictated by urban planning laws.

ORDER :

Alok Aradhe, J.

In both the writ petitions, the grievance of the petitioners is about construction of multi-storeyed commercial complex by the respondent Nos.5 and 6 in the open space admeasuring 600 sq. yards, which was earmarked for a park in Plot Nos.S1 and S2 of Indian Airlines Employees Housing Colony, located in Sy.No.194/11 of Begumpet Village, Rangareddy District. The petitioners have also prayed for a direction to the respondent Nos.3 and 4 to demolish the aforesaid structure raised by the respondent Nos.5 and 6. Both the writ petitions were therefore heard together and are being decided by this common order. For the facility of reference, the facts in W.P. No.12538 of 1999, which has been filed pro bono publico, are being referred to.

(I) FACTS:

2. The Andhra Pradesh Housing Board (hereinafter referred to as, “APHB”) sought permission of the State Government on 20.06.1974 to acquire Ac.15.19 guntas situated at Begumpet village for constructing a housing colony for staff of Indian Airlines. The State Government vide G.O.Ms.No.132, Health, Housing and Municipal Administration Department, dated 28.12.1974 granted permission to acquire the land. Thereupon, on 10.06.1975 the State Government issued a notification under Section 4 (1) of the LAND ACQUISITION ACT , 1894 notifying that the land admeasuring Ac.12.24 guntas forming part of Sy.No.194/11 situated at Begumpet Village was required for the purposes of constructing houses for the staff of Indian Airlines.

3. On 20.02.1986, the State Government accorded permission to APHB to take up construction of 159 houses. According to the sanctioned layout, an open space of 600 sq. yards was earmarked for park in the Indian Airlines Employees Housing Colony. The respondent Nos.7 and 8 asserting themselves to be the office bearers of the Managing Committee of the aforesaid Housing Colony vide Registered Sale Deeds, dated 12.06.1996, sold 600 square yards of land to the respondent Nos.5 and 6.

4. According to respondent Nos.5 to 7, i.e., private respondents, the original lay out prepared in the year 1984, in which the area in question was marked as park, was revised and the said land admeasuring 600 square yards earmarked as park was shown as the land for commercial use and was numbered as Plot Nos.S1 and S2. According to respondent Nos.5 to 7, on 05.10.1988, the APHB authorised the respondent No.7 and respondent No.8 (since deceased) to sell the plots, namely S1 and S2, to the respondent Nos.5 and 6.

5. On 29.08.1996, respondent No.7 applied for permission for construction of commercial complex. The respondent Nos.7 and 8 furnished an undertaking on 26.12.1996 to the Municipal Corporation of Hyderabad (hereinafter referred to as, “MCH”) that in case the land admeasuring 600 sq. yards is found to be the land reserved for the purpose of park, the permission which may be granted to them shall be deemed to be cancelled. The MCH on 03.01.1997 accorded permission to raise construction of cellar for parking, ground, first, second and third floors with the condition that in case if it is found at a later date that the said land is public park, permission granted by MCH shall automatically deemed to be cancelled.

6. Thereafter, on 16.10.1999 Deed of Rectification was executed by the respondent Nos.7 and 8 in favour of the respondent Nos.5 and 6 correcting