THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.8952 of 2004 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondents to remove the illegal constructions and dimensional deviations of structures made in the areas i.e. open sites earmarked for ‘Park’ in the approved layout of Jal Vayu Vihar Colony situated in Kukatpally, Ranga Reddy district by declaring the inaction on the part of respondents 1 and 2 as arbitrary, illegal and ultravires the provisions of Articles 14 and 21 of the Constitution of India and also the mandatory provisions of A.P. Municipalities Act and A.P. Urban Areas (Development) Act and the rules framed thereunder. According to the petitioners, they are the members of Jal Vayu Vihar Colony, Kukatpally built by the Air Force and Naval Housing Board, which was essentially conceived for the benefit of the personnel working in and retired from Air Force and Navy. The third respondent is an Association registered under the provisions of Telangana Societies Registration Act constituted by the residents of the colony. The total extent of the colony is about Ac.25-08 guntas equivalent to 1,01,171-41 sq.mtrs. and the layout was approved by HUDA through its proceedings dated 4.11.1996. Out of the total extent, an extent of 12,179 sq.mtrs. was earmarked for ‘Park’. The entire colony is divided into four types of construction i.e. Type-II, III, V and VI, which were constructed in two phases and first phase was completed during the year 1991-92 with 215 dwelling units and the second phase was completed during the year 1998 with 142 units. The subject matter of writ petition is an extent of 12,179 sq.mtrs. which is earmarked for Park in the approved layout by the competent authority i.e. HUDA. While the matter stood thus, under the guise of developing the colony, the managing committee of third respondent started converting the open places which are earmarked for ‘Park’ and for various recreational facilities. The area earmarked for Park on the east side of the layout for Type-VI dwelling units under Phase-II had been illegally modified for building constructions. Likewise, on the north western side of the layout for Type-V flats has been converted into permanent space for Basket Ball, Volley Ball grounds and a concrete platform was constructed without due approval. The area towards north of layout for Type-II and Type-III houses had been permanently converted into Tennis Court and hard concrete Badminton Court. Now the entire colony is left with only ‘Central Park’. Even in some temporary blocks left by the Phase-I construction were modified and used for shops/offices, stand extended beyond the area earmarked in the layout. A concrete platform measuring about 10 x 6 x 2 ft. existed in the center of the park restraining the lung space, now demolished for the construction of health centre. An 18 x 5 x 4 ft. site in the ‘Central Park’ was illegally converted into a Medical Centre and Table Tennis Room further reducing the lung space of the park. All the said constructions were made illegally in the earmarked park areas without any sanction from the authorities concerned. According to the petitioners, as per the mandatory provisions of A.P. Municipalities Act and A.P. Urban Areas (Development) Act and the Rules framed thereunder, the rights over the open sites left in the layout plan which are earmarked for Park vests with the local authority i.e. the first respondent. In fact, the first respondent has issued G.O.Ms.No.72, M.A. Municipal Administration and Development (J-1) Department dated 20.2.2002 to the effect that the Nagar Panchayats/Municipalities/Municipal Corporations in the State shall not propose to utilize the open spaces of layout for the purposes other than intended for original use, such as parks, playgrounds, urban forestry and similar eco-conservation programmes. Contrary to the clean and green policy of Government of Andhra Pradesh for enhancing pollution free environment, indiscrete sanctions are being obtained without complying with Government Regulations. Constructions are brought into existence causing substantial damage to ecology and environment with concrete all around denying breathing space for the colony residents particularly for the elderly people. This is also resulting in restricting the rain water seepage to enhance ground water availability and against the policies of the Government. Constructions are made in the places earmarked for ‘parks’ contrary to the approved layout. The stipulated 40:60 ratio of the built up area versus free space in residential colonies is also substantially decreased. Hence this writ petition. The sum and substance of the grievance of the petitioners is that a vast area of 12,179 sq.mtrs. of land, which was left for ‘Park’ etc., in the layout, has been converted indiscriminately into a concrete jungle making it miserable for locality people to have a clean and green area to breath. Under those circumstances, without expressing any opinion on merits, the writ petition is disposed of directing the respondents 1 and 2 to conduct a detailed enquiry into the averments made by the petitioners and take appropriate action in the matter, as per law, within a period of six weeks from the date of receipt of this order. No order as to costs. _____________ C.V.RAMULU, J Date: 28.1.2010 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.8952 of 2004 28.1.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.8952 of 2004 Dated: 28th January, 2010 Between: P.Surendranath & another. Petitioners and Kukatpally Municipality, represented by its Commissioner, Kukatpally, Hyderabad & others. Respondents