IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE 28th DAY OF AUGUST, 2009 PRSENT: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No.5592 of 2007 Between:- Rock Town Residents Welfare Society, Rep., by its Secretary, K. Krishna Rao, Rock Town, Mansoorabad village, L.B.Nagar Municipality, Hyderabad. Petitioner. And The Principal Secretary, Government of A.P., rep., by Revenue Department, A.P. Secretariat Buildings, Hyderabad and others. Respondents. THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 5592 of 2007 28-08-2009 Oral Order: This writ petition is filed alleging that the respondent Nos. 4 to 7 are not implementing the orders dated 03-05- 2003 issued by the State Government in Memo No. 22441/J1/2002-4. By this order the State Government directed the Municipal Commissioner, L.B. Nagar Municipality (since amalgamated into the Greater Hyderabad Municipal Corporation) to construct a compound wall around the open spaces with a hoarding: “Park area -- trespassers will be prosecuted”; to develop the park and report compliance; directed the Vice Chairman and Managing Director, Hyderabad Urban Development Authority to take appropriate action against the layout owners to protect the park area in the interest of the residents; and further directed the District Collector, Ranga Reddy to initiate necessary and immediate action to provide alternate government land and ensure that suitable land is provided for burial ground/grave yard in lieu of the present park area. The aforestated directions were issued on a complaint by the residents of Rocktown Colony, Mansoorabad (part of the erstwhile L.B. Nagar Municipality and presently GHMC) that burials were taking place in the midst of theresidential colony – Rocktown colony, though the area is not notified or earmarked as a burial ground and despite the area being earmarked as park area in the layout approved by the Grampanchayat. From the counter affidavit of the Commissioner and Special Officer, GHMC dated 16-03-2009 it would appear that the original layout pertaining to the Rocktown colony in Mansoorabad area is not available or traceable in the office of the Deputy Commissioner, L.B. Nagar Circle. An inquiry has been ordered (as is the practice) and the Enquiry Officer is stated to have reported that there are two layout proposals in circulation – one in respect of survey Nos. 66/11 and 66/12 of Mansoorabad village, survey Nos. 12, 13, 14 (p), 15(p) and 16(p) of Thummabowli village and second pertaining to survey No. 15(p) and 16(p) of Thummbowli village. Both the layouts were apparently approved by the former Sarpanch of Mansoorabad Grampanchayat on 14-07-1974, in favour of Dr. T. Srinivasulu and others. The counter admits to the extraordinary state of affairs viz., that the original records pertaining to the approval of the said layout are not available in the office of the L.B. Nagar Circle of GHMC. This area stood amalgamated into the LB Nagar Municipality and later into the GHMC. The deponent also admits that there was no evidence of the Grampanchayat having handed-over the records pertaining to the layouts; no record is available of the Grampanchyat of having obtained technical approval from the Director of Town and Country Planning for such approval; and that the L.B.Nagar circle office of GHMC is in the unique predicament of having in custody only a Xerox copy of layout approved by the Grampanchayat. In paragraph No.5 of this counter, the Commissioner, GHMC asserts that of the persons responsible for grant of building permission, one person had retired and expired and the rest are under the control of the Director of Country and Town Planning who has been addressed to furnish the articles of charges and a detailed report for initiating necessary action against them. In the context of the affidavit filed by the Commissioner, asserting to the inability of the State and the Corporation to verify and authenticate the existence or availability of any layout approved by the erstwhile Mansoorabad Grampanchayat, the factual basis for the Government order dated 03-05-2003 is suspect and cannot be established by process of logic and law. Which among the freely circulating layouts is the approved layout (if there be one) and what be the open spaces thereunder, is a fact ascertainment exercise which is to be perused according to the established principles of logic and the relevant rules for ascertainment of facts, on the basis of evidence, oral and documentary. As the State and its instrumentalities, the Greater Hyderabad Municipal Corporation and its predecessors the L.B.Nagar Municipality and the erstwhile Mansoorabad Grampanchayat have apparently not maintained or preserved the custody of records, it would be hazardous to speculate whether there is an approved layout. On the aforesaid analysis, no Mandamus could be issued to implement the order of the State Government dated 03-05-2003, as the factual basis for the order cannot be established. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 28-08-2009 Pvks