IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11393 of 2009 Between: The Jubilee Hills Cooperative House Building Society Limited, Road No. 17 Jubilee Hills, Hyderabad, Rep. by its Treasurer ..... Petitioner AND 1. The Government of Andhra Pradesh, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, Rep. by its Principal Secretary 2 The Greater Hyderabad Municipal Corporation, Near Tank Bund, Hyderabad, Rep. by its Commissioner 3 The Collector, Hyderabad District, Hyderabad. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring action of the respondents in converting the open space situated between Road No. 82 and Plot No. 376 C, Phase-III of Jubilee Hills, Hyderabad earmarked for public purpose as per the approved layout No. 310/59 d a te d 15-6-1991 issued by the Municipal Corporation of Hyderabad and constructing group houses therein as arbitrary, illegal, oppose to public interest, colourable exercise of power, violative of the provision of the Hyderabad Municipal Corporations Act, violative of the A.P. Urban Areas Developments Act 1975 violative of Articles 14, 21 and Law declared by the Supreme Court of India in AIR 1991 SC 1902 Bangalore Medical Trust Vs. B.S. Muddappa and others and consequently direct the respondents to remove all the structures constructed on the open spaces; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 24-08-2009, 12-10-2009 and19-01-2010 made herein and upon hearing the arguments of SRI C.V.R. RUDRA PRASAD, Advocate for the Petitioner and of the Govt. Pleader for Municipal Administration for the respondents 1 and 3 and of Smt. Kalpana Ekbote S.C. for GHMC for the respondent No.2, the Court made the following: ORDER: The learned Advocate Commissioner has filed his report along with plans and photographs. The same is taken on record. The learned Advocate Commissioner supplied copies of his report along with material to the learned Government Pleader and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation. Both the learned counsel sought for adjournment for filing objections. -2- The petitioner shall reimburse the actual costs incurred by the learned Advocate Commissioner in engaging a professional photographer and a private surveyor on his giving the bills in this regard to the learned counsel for the petitioner. Stand over to 15-02-2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Principal Secretary, Municipal Administration & Urban Development Department, Govt. of A.P. Secretariat, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Near Tank Bund, Hyderabad. 2 The Collector, Hyderabad District, Hyderabad.( 1 & 2 by RPAD) 3. 2 CCs to the G.P. for Municipal Administration, High court of A.P.Hyd.(SPL MESSENGER) 4. One C.C.to Sri C.V.R. Rudra Prasad Advocate. (OPUC) 5. One C.C.to Smt. Kalpana Ekbote Advocate. (OPUC) 6.2 spare copies. HIGH COURT HCJ & CVNR.J DATED 29-01-2010 STAND OVER TO 15-02-2010 ORDER W.P.NO. 11393 OF 2009 DIRECTION Bsr Dt. 1-2-2010 HIGH COURT HCJ & CVNR.J DATED 29-01-2010 STAND OVER TO 15-02-2010 ORDER W.P.NO. 11393 OF 2009 DIRECTION