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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Amar Society Plot Owners Welfare Association Regd.No.651 of 2014 – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner claims land earmarked for amenities. (Para 2 , 3) |
| 2. respondents argue land not for public amenities. (Para 4 , 5 , 6) |
ORDER :
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.
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.
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.
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
Land designated for public amenities cannot be converted for private ownership; municipal authorities must act against unauthorized constructions to protect community interests.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
Land designated for public utilities cannot be repurposed without due process and violates public trust principles, necessitating demolition of unauthorized structures.
Writ courts cannot re-appreciate fact-finding report of high-level committee on slum boundary demarcation encroaching reserved fish drying land; such evidentiary disputes for civil court; reservation....
Modification of land reserved for public purposes requires valid legal processes, including notification and consultation with affected parties, as determined by relevant sections of the Town Plannin....
The court emphasized the necessity of due process in property disputes and directed the Lake Protection Committee to consider the petitioner's objections regarding the FTL of Durgam Cheruvu.
Land reserved for public purposes does not vest with planning authorities without a registered instrument, restricting its utilization to the designated public purpose.
The expiration of a lease does not justify the arbitrary eviction of occupants from property designated for public recreational use, recognizing residents' statutory rights in housing schemes.
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