HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27465 OF 2009 DATED 24th November, 2014.
BETWEEN Sabza Ali and ors ….Petitioners And The Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27465 of 2009
ORDER:
Heard learned Counsel for the petitioners and learned Counsel appearing for the sixth respondent.
The petitioners state that they are the absolute owners and possessors of the land admeasuring 4.00 acres comprised in Sy.No.50 of Pocharam village, Ghatkesar Mandal, Ranga Reddy District having purchased the same under a registered sale deed dated 13.07.2007. Petitioners 1 and 2 are the absolute owners and possessors of the land admeasuring 20 guntas comprised in Sy.No.50/ru of Pocharam village, Ghatkesar Mandal, Ranga Reddy District having purchased the same under a registered sale deed dated 20.07.2007. Thus the total extent of the land comes to Ac.4.20 guntas. In respect of the said land, the petitioners were issued with pattadar pass books and title deeds in their favour and mutations were sanctioned in their favour under the provisions of the A.P. Rights in Land and Pttadar Passbooks Act, 1971 through proceedings dated 13.3.2009. On the southern side of the aforesaid land, there is 60 feet wide road leading from Cherlapalli to Pocharam. The said road is the main access to the land in Sy.No.50 and other adjoining lands in Pocharam village. The said road is earmarked in the master plan of Hyderabad as proposed 60 feet wide road.
Be that as it may, the State Government allotted 400 acres of land in Pocharam village to the sixth respondent for setting up a software park under Special Economic Zone scheme. They raised constructions in their allotted land and in that process, they constructed compound wall blocking the said existing 60 feet wide road. The petitioners submitted a complaint on 24.09.2009 in regard thereto to respondents 2 to 5 to remove the said compound wall. When there was no action taken by respondents 2 to 5, the present Writ Petition was filed.
Fifth respondent filed a counter affidavit admitting the 60 feet wide road passing from Cherlapalli and disconnected at the broad gauge railway line of Hyderabad to Vijayawada and form a cart track connectivity which intersects at Pocharam village whereat a pukka C.C. road is found which joins the national highway No.202 (Hyderabad-Warangal High Way). It is stated that the sixth respondent submitted an application on 21.08.2008 for grant of building permission for group development comprising of multistoried buildings in I.T. park, software development building No.1 with ground + five upper floors and other ancillary buildings with huge parking areas. The lands in Sy.Nos.36P,41P,44P,45P,48,49,50P,51 and 54 of Pocharam village, Ghatkesar Mandal, Ranga Reddy District are falling in the residential zone and proposed 50 meters wide road at north-west corner is forming part of Sy.Nos.41,42,46,47 and 60 as per the master plan for non-municipal area as approved in G.O.Ms.No.288, dated 03.04.2008. The said permission was granted after collecting necessary charges and forwarded the said permission to the local authority for releasing in favour of the sixth respondent. Subsequently, the sixth respondent filed another application for grant of multistoried building and the same was scrutinized and accorded technical permission under proceedings dated 21.07.2010 and forwarded the same to the local authority for releasing in favour of the sixth respondent. Thereafter the officials of the HMDA visited the site of the sixth respondent and found that the sixth respondent has constructed the compound wall without demarcating the proposed 60 meters road as per the master plan notified in G.O.Ms.No.288, dated 3.4.2008. Then the fifth respondent addressed a letter on 29.07.2009 requesting the District Collector to direct the DPO, Ranga Reddy District and Executive Officer of Pocharam Grampanchayat to initiate necessary action and see that the proposed 60 meters vide road of master plan be retained as per the notified master plan and no developments shall be allowed on the proposed master plan road.
In view of the categorical averments made by the fifth respondent in the counter affidavit dated 23.08.2010, now it is for respondents 2 to 4 to take necessary action pursuant to the letter of the fifth respondent dated 29.07.2009. In the circumstances, this Writ Petition is disposed of with a direction to respondents 2 to 4 to take necessary action in accordance with law for removal of encroachments if any from the proposed master plan as notified in G.O.Ms.No. 288, dated 03.04.2008. However, learned Counsel for the sixth respondent submits that there is no mention with regard to proposed master plan road in the government Order. In the circumstances, respondents 2 to 4 shall verify the said fact from their records and take necessary action after issuing notice to the sixth respondent.
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 24th November, 2014. Msnrx