HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10814 OF 2008 DATED 26TH AUGUST, 2014.
BETWEEN The Autonagar Old Motor Parts Bunk Owners Association, Nellore, rep. By its Secretary Sri Syed Nazeer Ahmed..
….Petitioner and The A.P. Industrial Infrastructure Corporation Limited, Rep. By its Vice Chairman & Managing Director, Hyderabad, and ors ….Respondents.
HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10814 OF 2005
ORDER:
The petitioner-association is engaged in the business of sale of old motor parts and excution of allied works in Nellore town. They have been eking out their livelihood by selling the small motor parts etc for more than three decades. In the year 1984 all the industries and bunks in which old motor parts were being used to be sold were shifted to Autonagar as they are causing pollution in the town. Though the members of the petitioner-association have shifted their industries in 1984 itself, no sites have been allotted to them to erect their shops and therefore they have located the bunks on the road margin . The respondents intended to allot 40 yards to each of the members of the petitioner-association and asked them to deposit an amount of Rs.5,000/- each as Earnest Money Deposit and accordingly the members of the petitioner- association deposited Rs.5000/- each with the second respondent in the month of October, 2003. When the respondents did not allot the sites, the present Writ petition was filed.
This Court by order dated 06.06.2005 directed the respondents to consider the case of the petitioners . In pursuance of the said order, the respondents passed an order on 28.07.2005 stating that the request of the petitioner- association for allotment of site could not be considered for want of small vacant plots of 0.40 yards each in Autonagar, Nellore and that there are only five plots vacant whose aggregate extent is 0.20 acres in Phase.II of Autonagar, Nellore and these plots are earmarked for industrial use and the same cannot be utilized for commercial use such as sale of old motor parts etc.. Even if these vacant plots are considered for the purposes of members of the petitioner-association, 0.20 acres is hardly sufficient to meet the requirement of 109 units at 0.40 yards each. Further, it requires sub division of the plots which involves revision of layout plan of the Autonagar, Nellore for which approval of the competent authority is to be obtained. In these circumstances, the request of the petitioner-association was considered and rejected by the respondent authorities by refunding the Earnest Money Deposit paid by the members of the petitioner-Association.
The petitioner did not file reply affidavit contradicting the aforesaid statements made in the counter affidavit and merely reported that land was available in an extent of 0.5 acres in the said layout and the same should have been allotted to its members. As rightly stated by the respondents, no order for allotment of land in the said layout was issued to the petitioner inasmuch as no suitable plots are vacant in the said layout. Otherwise also, it is stated in the letter dated 28.07.2005 that only five plots are vacant whose aggregate extent is 0.20 acres which is ultimately insufficient to accommodate the members of the petitioner-association. Further those five plots are earmarked for industrial use and cannot be utilized for commercial use. In these circumstances, the respondents rightly refused to allot the land in view of the orders passed by the competent authority. In that view of the matter, this Court is not inclined to grant the relief sought for by the petitioner.
The Writ Petition is dismissed. However, this order will not preclude the petitioner-association from making a representation to the respondents to consider its case for allotment of land if available.
As a sequel to the disposal of the Writ Petition, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 26th August, 2014. Msnro