HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18910 of 2008 DATED: 17.04.2014 Between:
A. Yadava Reddy & others ... Petitioners And Greater Hyderabad Municipal Corporation Rep. by its Chief Commissioner & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18910 of 2008 ORDER:
Heard the learned counsel for the petitioners and the learned Standing counsel for the respondents.
2. This writ petition was filed challenging the action of the respondents in establishing bus shelter all along the western boundary of the petitioners’ property bearing Municipal No.6-3-788/A/2 in Sy.No.185 of Khairatabad village, admeasuring 1291 sq. yards, situated at Ameerpet, Hyderabad.
3. Learned standing counsel for the respondents on instructions states that the petitioners obtained building permission on 31.12.2007 and voluntarily surrendered 348.46 sq. mts. for road widening free of cost. There is frontage of 150 feet on the western side and all the other three sides were bordered by properties of the neighbours. The only access to the petitioners is through the western side of main road. The foot over bridge (FOB) was constructed all along the western boundary facing the road covering in an extent of 30 ft. and the advantage of frontage was affected to that extent. The bus shelters were being constructed in the existing bus stops and it is not the intention of the Corporation to obstruct the front open space. The Corporation, on the advice of the APSRTC and the Assistant Commissioner of Police (Traffic), Hyderabad, would consider shifting of the bus shelter to alternate spots as desired by the petitioner.
4. In view of the voluntary surrender of the land by the petitioners in an extent of 348.46 sq. mts. for road widening free of cost at the time of taking the building permission on 31.12.2007 and in view of the construction of FOB on the western side boundary facing the road covering an extent of 30 ft., learned counsel for the petitioners fairly submits that nothing needs to be adjudicated in the writ petition.
5. Recording the said submission of the learned standing counsel for the respondents, the writ petition is closed. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 17.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 0 WRIT PETITION No.18910 of 2008 Date: 17.04.2014 BSS