Land designated for public amenities cannot be converted for private ownership; municipal authorities must act against unauthorized constructions to protect community interests.

ORDER :

 K. LAKSHMAN, J.

Heard Mr. P. Roy Reddy, learned counsel for the petitioner, Mr. G. Madhusudhan Reddy, learned Standing Counsel for respondent Nos.2 & 3 and Mr. Sreenivasa Rao Velivela, learned counsel for respondent Nos.4 & 5.

2. CASE OF THE PETITIONER

i) The petitioner is an Association registered under the provisions of the Societies Registration Act, 2001 with registration No.651 of 2014. It comprises of Plot Owners of Amar Society Layout situated in Survey No.47, Guttala Begumpet Village, Serilingampally Mandal, Rangareddy District, covering an area of Acs.15.23 guntas.

ii) The said land is a private patta land. Land conversion proceedings under Section - 61 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli were also issued by the Collector, Hyderabad, vide proceedings dated 22.03.1970 in respect of the aforesaid land.

iii) The aforesaid extent of land was the subject matter of regularization under G.O.Ms.No.747, dated 16.08.2008 and the same was said to be declared as surplus land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. The same was done on collection of value of land fixed by the concerned authorities.

iv) Adjacent to the private land in Survey No.47 of Guttala Begumpet Village, there is an old Water Body known as ‘Durgam Cheruvu’.

v) An extent of 1334 square yards of land is earmarked for ‘amenities’ on southern portion in the aforesaid layout. The said area does not comprise of residential plots as the same is meant for common communal use of residents of the Layout and cannot be owned by any single individual.

vi) Respondent Nos.4 and 5 constructed an unauthorized compound wall around the amenities area i.e., 1334 square yards. When the petitioner society questioned, they represented that the said area consists of Plot Nos.140 and 141 having purchased under a registered sale deed dated 06.07.2007 and Gift Deed dated 28.07.2007. Thus, the said area has been shown as plot Nos.140 and 141 illegally. Basing on the same, respondent Nos.4 and 5 offered the said area to the GHMC for public purpose and in lieu thereof, they are claiming Transferrable Development Rights (TDR).

vii) Therefore, the petitioner association made representations dated 11.01.2018 and 14.06.2018 to the GHMC. Despite receiving and acknowledging the same, respondent Nos.2 and 3 did not act upon the same. Aggrieved by their inaction, the petitioner filed the present writ petition.

3. CONTENTIONS OF RESPONDENT Nos.2 & 3

i) If any extent of land is earmarked for ‘amenities’ in the layout, the same should be used for common purpose, like School, Hospital or any other purpose as designated in the layout.

ii) The Layout Developer and Owner do not have right over 10% open space.

iii) The plots of respondent Nos.4 and 5 are falling in the FTL limits of Durgam Cheruvu as per FTL boundaries. Therefore, no permission was accorded.

iv) On inspection, it is found that respondent Nos.4 and 5 made unauthorized construction of compound wall without obtaining prior building permission from the respondent Corporation.

v) The Irrigation Department along with Revenue Officials, GHMC and HMDA Officials conducted a survey and prepared a map/plan indicating the area falling within the FTL boundary of Durgam Cheruvu as per the FTL stones/points fixed by the Irrigation Department.

vi) As per G.O.Ms.No.168, MA, dated 07.04.2012, no building/development activity shall be allowed in the bed of water bodies, like river or nala and in the FTL of any lake, pond, cheruvu or kuntas/shikam land.

vii) The subject land is falling within the FTL limits of the aforesaid Durgam Cheruvu. Therefore, the respondent Corporation has issued a show-cause notice dated 28.12.2017 under Sections - 452 (1) and 461 (1) of the HMC Act, 1955 to respondent Nos.4 and 5. They have not submitted any explanation. Therefore, notice d