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.217 OF 2014 DATED:1.12.2014 Between:
P. Babu Rao and others … Petitioners And The Greater Hyderabad Municipal Corporation GHMC Building Complex, Tankbund Hyderabad Rep. by its Commissioner 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.217 OF 2014 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for a Writ of Mandamus to direct respondent No.1 to 5 to develop the park area in accordance with the work order dt.18.7.2014 by removing illegal structures by taking assistance of respondent No.10, if necessary.
It appears from the record that the first respondent – Greater Hyderabad Municipal Corporation (GHMC) has taken a decision to develop a particular piece of land to use as park. For this purpose, necessary work order has been issued and a contractor has been engaged. It is alleged in the writ petition that because of resistance put forward by the sixth respondent and others, the works could not be proceeded with. It is also alleged that in spite of such resistance, the GHMC is not approaching the Police for taking action against them. It is however submitted by the learned counsel for the GHMC that the officials of the GHMC have approached Police but no assistance is rendered. Learned counsel for the sixth respondent is unable to say why the sixth respondent and his men are resisting the developmental works of the park. We are of the view that no person can resist unauthorizedly to complete the work entrusted by the governmental agencies. We, therefore, restrain the sixth respondent and his men from either interfering or disturbing the lawful construction works entrusted by the GHMC to the contractor. If there is any breach or taking any measure either directly or indirectly to resist and prevent the contractor from doing his works, the concerned Station House Officer will take appropriate measure in accordance with law. The work in question should be completed as early as possible because everyday prices are escalating.
The writ petition is accordingly closed.
Pending miscellaneous petitions shall also stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 1.12.2014 bnr