THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 4657 OF 2024

ORDER:

In this writ petition, the petitioners are seeking a writ of mandamus directing the respondents No.1 and 2 to remove all the obstructions on the land earmarked for public purposes, open areas & roads and also to ensure that no illegal obstructions are made by anyone in the future and to pass such other order or orders in the interest of justice. 2. Brief facts leading to the filing of the present writ petition are that the respondent No.7 has formed a layout in Survey Nos.43, 44, 50 and 52 of Mokila village after obtaining the approval from the HMDA vide File No.8550/LO/Plg/HMDA/ 2008, dated 08.05.2009 and final layout permit No.21/LO/Plg/ HMDA/2009, dated 31.01.2015 and for the extended layout Permit No.24/LO/Plg/HMDA/2013, Letter No. 175/LO/Plg/HMDA/ 2013, dated 13.08.2014. It is submitted that in terms of sanctioned layout, the developer has executed a gift deed in favour of the respondent No.2, Gram Panchayat, Mokila Village, Shankarpally Mandal, Ranga Reddy District and also delivered vacant possession thereof. It is submitted that respondents No.3 to 6 with ill motives, are obstructing the common areas illegally. It is submitted that the petitioners are deprived of free access to the common areas abutting the petitioners villas and that the inmates of the locality are put to loss and inconvenience apart from their right to free access to the common areas and roads of the layout. It is submitted that the petitioners made a complaint to the respondent No.2, who inspected the area and called and cautioned the the respondents No.3 to 6 not to indulge in such type of activities and removed the fencing and obstructions made by the respondents No.3 to 6 in common areas. It is submitted that the respondents No.3 to 6 have again made a fence obstructing the free access to common areas and roads and the petitioners have again complained about the same. Since no action has been taken thereon, the petitioners have filed the present writ petition.

3. It is submitted that as per the sanction terms, all the open areas, common areas and roads have to be handed over to the respondent No.2 for public use and to have free access to all the residents in and around the layout and that the Grampanchayat is responsible to protect the open area.

4. Learned counsel for the petitioners has reiterated the submissions made in the writ affidavit. While the learned counsel for the respondent No.7 submitted that the project has been developed as per the approved layout and the open area i.e., 10% of developed layout area has been gifted to the Grampanchayat through registered documents and possession has also been delivered. He has also submitted that by the time petitioners came into the possession of the Villas, the surplus land on the northern side of the Villas was covered with stagnant water, bushes and garbage and had become a place for poisonous snakes, scorpions etc., and therefore, a complaint was made to the respondent No.3, to get it cleaned and maintained as such but there was no response from the respondent No.3. Therefore, the writ petitioners at their own cost have got the area cleaned and made the land accessible to all the members of the layout.

5. The allegation of the respondent No.3 that the writ petitioners are occupying the common areas is denied by the respondent No.7 and it is stated that as on the date, on ground the existing open area on the northern side of the Villas is surplus land of the extended layout and is of width 24’ 10’’ and 211’ 6’’ and is more than the extent shown in the sanctioned layout.

6. Learned Standing Counsel for the Grampanchayat is also heard, who denied the allegations made by the writ petitioners and along with the counter affidavit, the photographs of the common area which is available besides the park area, are also filed and it is stated that the writ petitioners have opened a gate into the common area, which has to be used for th