HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24630 OF 2007 DATED 13TH OCTOBER, 2014.
BETWEEN Raghavendra Colony Welfare Association (Regd), Mohannagar, Kothapet, Hyderabad Rep. by its President G.Ravindranath …Petitioner And The Greater Hyderabad Municipal Corporation, LB Nagar Circle, rep. by its Dy. Commissioner and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24630 OF 2007
ORDER:
Heard the learned Counsel for the petitioner and learned Standing Counsel for the first respondent.
It is the case of the petitioner that the petitioner-Society purchased the open plots in a layout formulated and approved by the then Nagole Grampanchayat and the members of the petitioner-society constructed individual residential houses therein. The said layout was approved on 21.7.1978 by the then Nagole Grampanchayat. In the said layout, an extent of 333 square yards was left as an open space for the public purpose.
Now the third respondent claimed that the said land was gifted to him by his grand-father who was the original owner of the entire property. The petitioner submitted representation to the first respondent on 1.8.2007 followed by another representation on 3.8.2007 seeking to stop the illegal constructions being made in the said open space. When no action has been taken by the first respondent on the said representations, the present Writ Petition was filed.
The first respondent filed a counter affidavit stating that pursuant to the claim of the third respondent, they have verified and found that the plot in question was mentioned as an open space in the layout and they also verified the layout to find out whether any other plot is earmarked for public purpose and found that there is no other space earmarked for public purpose except the land in question. Having regard to the same, they demolished the compound wall and warned the third respondent not to make any further construction in the said open space., In view of the aforesaid facts, it is clear that an extent of 333 square yards was earmarked as an open space in the layout sanctioned by the then Nagole Gram Panchayat on 21.7.1978. However, the third respondent claims that the said land was given to him as gift by his grand father. But it is clear from the counter affidavit of the first respondent that the said piece of land was only the space left in the layout for public purpose and vested with the first respondent. In the circumstances, the first respondent shall take necessary steps for protecting the said open space if necessary by fencing the same.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 13TH SEPTEMBER, 2014.
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