HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.249 OF 2012
DATED: 17.11.2014 Between:
Anantha Nagara Development Parirashana Committee … Petitioner And The Government of Andhra Pradesh and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.249 of 2012
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Public Interest Litigation has been filed by the petitioner for an appropriate writ, order or direction in the nature of declaration that the action of the respondents in converting the Central Park (National Park) into Shilparamam in an extent of Acs.72.00 in Survey No.3, 4(p), 37(p), 38(p) of Anantapur Rural and passing resolution No.32/2008, dated 31.10.2008, is arbitrary, illegal and unconstitutional, without jurisdiction and in violation of public trust doctrine and consequently to direct the respondents not to convert the Central Park (National Park) into Shilparamam.
It appears, the grievance of the petitioner is that the land which is meant for park in the municipal area is sought to be given to a third party for setting up Shilparamam.
At an earlier point of time, we did not have the clear idea as to whether the park in question is situated in the municipal area or not.
The learned Advocate General for the State of Andhra Pradesh submits that the park in question is situated in the municipal area and it was not given for setting up Shilparamam or for doing anything other than the park. In any view of the matter, the municipal authorities are authorized to take steps with regard to the encroachment of any portion of the park.
It appears from the counter-affidavit filed by the eighth respondent that out of an extent of Acs.72.16 cents, only an extent of Acs.9.31 cents has been given to Shilparamam. Even then, the authorities are planning to take action, if there is any unauthorized construction in the park.
We therefore, close the Public Interest Litigation directing the municipal authorities to take steps in accordance with law, as stated by the learned Advocate General. No costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
K.J. SENGUPTA, CJ 17th NOVEMBER, 2014.
SANJAY KUMAR, J kvni