Land designated for public utilities cannot be repurposed without due process and violates public trust principles, necessitating demolition of unauthorized structures.

ORDER :

1. Heard Sri V. Gopal Rao Amanacharla, learned counsel appearing for the petitioner, Sri V. Narsimha Goud, learned Standing Counsel appearing for respondent Nos.1 and 2, Sri Laxmaiah Kanchani, learned Standing Counsel appearing for respondent No.7. Perused the record.

2. Petitioner herein is a registered society registered under the provisions of the Telangana Societies Registration Act, 2001 vide registration No.1016 of 2009. Owners of plots/houses/villas are the members of the petitioner’s association.

3. M/s. Fair Fields, a company, developed land admeasuring Ac.7-37 gts., in Sy.Nos.1 to 6, 15, 16 and 47P of Neknampur village, Rajendranagar Mandal on obtaining permission No.16/MP/2/4/03 on 27.02.2003. It was for development of a gated community. The said company developed layout as a gated community with two model houses along with a room for the Welfare Association in plot No.29, Sy.No.1 to 6, 15, 16 and 47P, Neknampur village. The said lay out was fenced at the time of approval by obtaining necessary permission. At the time of approval by respondent No.1 – HMDA, respondent No.1 has allocated certain areas for common public utility such as park, septic tanks, overhead water tank, garbage centers, etc., in the final layout. The members of the petitioner society purchased plots from the said company under valid registered sale deeds.

4. Respondent No.1 - HMDA informed respondent No.3 - the then Gram Panchayat, Neknampur about the approval and the areas earmarked for the purpose of common public utilities such as park, septic tank, overhead water tank, garbage centers, etc. The said areas earmarked are under the control and custody of respondent No.3 - the then Gram Panchayat, Neknampur and the petitioner association since 2003.

5. It is further contended by the petitioner that the Village Secretary in collusion with the Sarpanch of Neknampur Grampanchyat is trying to encroach into the common areas earmarked for the purpose of common utility for the resident’s welfare association and is trying to create third party interest by alienating the same. Therefore, they have submitted a representation dated 12.08.2008 to all the respondents with a request to stop the said construction. They have not stopped the construction. Therefore, petitioners have filed the present writ petition to declare the action of respondent Nos.1 to 4 in not restraining respondent Nos.5 to 6 from interfering and encroaching into the common utility places earmarked for the purpose of petitioner’s association, as illegal and consequently direct the respondents to remove the structures, if any, made in the said open place earmarked for the purpose of common utility in the layout.

6. Respondent No.3 - Panchayat Secretary, the then Gram Panchyat, Neknampur filed counter admitting about the aforesaid layout issued by respondent No.1. It is contended that basing on the approved layout by the then HUDA, petitioner association has registered a gift deed in respect of four open spaces in favour of Neknampur Gram Panchayat, vide registered gift deed bearing document No.9193 of 2003, dated 10.12.2003. Thereafter, the HMDA released the said final layout. On registration of the said gift deed, the common public utility spaces, such as park, septic tanks, overhead water tank, garbage centers, etc., are vested with the Gram Panchayat. The petitioner has no right over the said public places.

7. It is also contended that the Mandal Parishad, Rajendra Nagar has proposed to construct Anganwadi building at Neknampur village. Accordingly, an amount