HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.18551 of 2010
and
WRIT PETITION No.32256 of 2010
Date: September 25, 2014
WRIT PETITION No.18551 of 2010
Between:
1. K. Lakshmi Narayana & another … Petitioners And 1. The Commissioner, Tenali Municipality, Tenali, Guntur District.
… Respondent * * *
WRIT PETITION No.32256 of 2010
Between:
1. K. Lakshmi Narayana & another.
… Petitioners And 1. The Commissioner, Tenali Municipality, Tenali, Guntur District.
… Respondents * * * .
HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.18551 of 2010
and
WRIT PETITION No.32256 of 2010
COMMON ORDER:
These two writ petitions are disposed of by a common order in view of the involvement of the same subject matters in both the writ petitions.
2. The father of the petitioners was an Ex- Serviceman and he was assigned land by the Government in the year 1975 in an extent of Ac.0.47 cents of Tenali Village, Tenali Sub-Division, Guntur District, bearing D.No.211/3. The Revenue Authorities have also issued pattedar passbooks. The father of the petitioners executed registered gift deed dated 22.05.1985 in favour of the petitioners and thus they have become owners of the land. They submitted an application on 18.10.2008 to the respondents requesting for grant of permission for construction of houses (2 huts) in the said plot and an endorsement was made on 04.11.2008 rejecting the permission for construction of houses on the ground that the site where the proposed construction falls is in the Master Plan road of 40 feet and identified as 40 feet donka road of Yedla Lingaiah Colony layout. The petitioners also state that the respondent granted permission on 04.08.2008 to one Velchuri Edukondala Rao and Velchuri Sambrajyam for construction of house in respect of the adjacent land. Challenging the said endorsement, the petitioners filed W.P.No.25313 of 2008 and the same was disposed of on 19.11.2008 directing the respondent not to dispossess the petitioners from out of the land without following due process of law. The petitioners herein submitted an application for construction permission and the same was rejected on 16.04.2010 on the same ground and challenging the same, W.P.No.18551 of 2010 was filed. In spite of the order dated 19.11.2008 passed in W.P.No.25313 of 2008 when the respondents are laying road, the writ petitioners filed W.P.No.32256 of 2010 and this Court, by order dated 28.12.2010, granted status quo as a result of which the work of laying the road was held up.
3. The respondents filed counter-affidavits stating that pursuant to the order dated 19.11.2008 of this Court passed in W.P.No.25313 of 2008 the Municipal Council passed resolution in C.R.No.1786 dated 30.05.2009 to restore the old Master Plan road proposal implementing to a width of 40 feet and provide alternative sites to the eligible patta holders in S.No.211 (part) of Tenali Village. The said proposal provides main access to the residents of Yadla Lingaiah Weakers’ Colony as per the layout executed by the then Tahsildar, Tenali. Accordingly, the Government was requested to approve the variation proposals to the Master Plan under Section 12(2) of A.P. Urban Areas (Development) Act, 1997. The Government issued a notification on 09.09.2010 calling for objections giving 15 days time. Accordingly, the Tenali Municipality addressed letters to the Sub-Collector, Tenali, to take necessary action in that regard.
4. Challenging the proposal to change the Master Plan, the petitioners submitted their objections and filed W.P.No.31453 of 2011. The said writ petition was disposed of by this Court on 15.12.2011 directing the 3rd respondent therein to take appropriate decision in accordance with law by duly considering the objections filed by the petitioners. It appears that no orders are passed subsequently.
5. From the above facts, it is clear that the petitioners are owners of an extent of Ac.0.47 cents of land in Survey No.211/3 of Tenali Village. The said land was assigned to the father of the petitioners in 1975 and the petitioners were given pattedar passbooks also. When the building permissions of the petitioners were rejected earlier the petitioners filed W.P.No.25313 of 2008 and this Court directed the respondents not to interfere with the petitioners’ possession except following due process of law. In pursuance of the same, the Municipal Council passed a resolution on 30.05.2009 for restoration of old Master Plan and the Government was requested to approve the variation proposals to the Master Plan under Section 12 (2) of A.P. Urban Areas (Development) Act, 1997. When a Gazette Notification was published on 09.09.2010 inviting objections, the petitioners submitted their objections and this Court, by order dated 15.12.2011 passed in W.P.No.31453 of 2011, directed the 3rd respondent therein to consider the objections and take necessary action. Without finalizing the said proposals when the respondents are trying to lay a road, the petitioners filed W.P.No.32256 of 2010 and this Court granted order of status quo as a result of which the work has not proceeded with. As on today there is no evidence to show that a final notification changing the Master Plan has been issued. Even if the final notification issued changing the Master Plan, the land of the petitioners cannot be interfered except in accordance with law. It appears that in the Municipal Council resolution dated 30.05.2009 there was a proposal to provide alternative sites to the eligible patta holders.
6. In the circumstances, these two writ petitions are disposed of directing the respondents not to interfere with the possession of the petitioners till a final notification is issued under Section 12 (2) of A.P. Urban Areas (Development) Act, 1997 and thereafter if the respondents wanted to lay a road, they have to take necessary steps for providing alternative sites or pay compensation to the land of the petitioners in an extent of Ac.0.47 cents so long as the petitioners continued as owners of the land. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 25, 2014 BSB
3 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.18551 of 2010
and
WRIT PETITION No.32256 of 2010
Date: September 25, 2014
BSB