HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 3483 OF 2009 DATED 19th November, 2014.
BETWEEN K.Rama Murthy ….Petitioner And The Visakhapatnam Urban Development Authority, Rep. by its Vice Chairman, Visakhapatnam.
…Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 3483 OF 2009.
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondent.
The petitioner developed a layout in the land belonging to him in an extent of Acs.6.43 cents in Sy.No.5/1 of Madhurawada village in Visakhapatnam District and a tentative layout was sanctioned by the respondent authority by resolution dated 16.11.1989. In the said tentative layout, though 10% of the total layout area was to be marked as public open space, however, 17.35% of layout area was marked as public open space unilaterally. The petitioner submitted an application on 31.01.1991 to the respondent requesting for release of 7.35% excessively marked area as open space while releasing final layout. The final layout was ultimately released on 02.08.1991 without considering the representation of the petitioner, as a result of which, he lost Ac.0.47 cents of land. Challenging the action of the respondent in marking Ac.1.111 cents as open space in stead of Ac.0.64 cents in the final layout in Rc.No.3467/880G4, dated 02.08.1991 the present Writ Petition was filed.
Though Writ Petition was filed in the year 2009, no counter affidavit is filed by the respondent. However, the learned Standing Counsel for the respondent, based on the instructions, admits that excessive area was shown as open space in the final layout released on 2.8.1991. But, the petitioner has not approached this Court immediately after releasing final layout in the year 1991. However, in order to render justice to the petitioner, respondent is directed to consider the representation of the petitioner dated 31.01.1991 and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 19th November, 2014. Msnrx