IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELVETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15188 of 2006 Between: P. Pola Reddy, Senior Citizen, Plot No. 243, Sripuram Colony, Malakpet, Hyderabad - 36. ..... PETITIONER AND 1 The Commissioner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 2 The District Collector, Hyderabad City, Nampally Road, Hyderabad. 3 The Secretary to Govt. of A.P., Municipal Administration, Secretariat, Hyderabad. 4 The Chairman, Hyderabad Urban Development Authority, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Petition" dated 31-12-2005 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) encroachment of the public parks i.e. Saleem Nagar Park behind A.B. Co-operative Bank, West Prasanthnagar and Municipal Corporation of Hyderabad open land near Pochamma Temple on Amberpet-Moosarambagh Road opposite to Gyandeep Towers, under Malakpet Division etc. Temples, Dargahs and churches with the connivance of politicians and concerned officials; (ii) encroachment of a majority of the parks in twin cities by unsocial elements with the support of local politicians and the cost of land runs to several crores and the local Municipal Corporation of Hyderabad authorities remaining unconcerned; and this Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to protect the said public parks from the occupation by the temples, Dargahs and churches as well as by the unsocial elements in the interest of public and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : LETTER Counsel for Respondent No.1 : Sri R.Ramachandra Reddy Counsel for Respondent Nos.2 and 3 : G.P. for Municipal Administration and Urban Development. Counsel for Respondent No.4 : Sri M.Dhananjay Reddy, Standing Counsel. The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15188 of 2006 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard Sri R.Ramachandra Reddy, learned Standing Counsel for respondent No.1; learned Government Pleader for Municipal Administration and Urban Development, appearing for respondent Nos.2 and 3. 2. Basing on a petition, dated 31-12-2005, sent by the petitioner, the Secretary, A.P. High Court Legal Services Committee, High Court Buildings, Hyderabad, had recommended the matter to be taken up as writ petition in the larger interest of the public. 3. The main grievance of the petitioner in the said petition, dated 31-12-2005, was that constructions are being undertaken indiscriminately by way of encroaching public parks or open places belonging to either the Government or the Municipal Corporation of Hyderabad (for brevity “the Corporation”). 4. After hearing the learned counsel for the respondents, by order, dated 31- 01-2007, a Division Bench of this Court, consisting of the then Hon’ble the Chief Justice and the Hon’ble Sri Justice C.V.Nagarjuna Reddy, passed the following interim directions: “1. Commissioner, Municipal Corporation of Hyderabad and/or any person authorized by him shall supervise the fencing of open places and areas earmarked for parks in the twin cities of Hyderabad and Secunderabad and status report on the progress made in this regard be filed in the Court by 27- 04-2007. 2. The Commissioners of all other municipal corporations and municipalities in the State of Andhra Pradesh are directed to undertake fencing of all open places and areas earmarked for parks and public recreation and status report prepared by each of the Commissioners shall be filed in the Court through Commissioner and Director of Municipal Administration, Andhra Pradesh on or before 27-04-2007. 3. HUDA is directed to provide financial and technical support to all the municipal authorities to undertake fencing of the open places and areas earmarked for public parks and public recreation. 4. The cases in which injunction orders have been passed should be taken by the concerned courts on priority basis and as far as possible the same shall be finally disposed of within a period of three months from the date of receipt of copy of this order. 5. In the meanwhile, interim order passed by the Court restraining allotment of any part of the land earmarked for public parks or public recreation shall continue. This would necessarily mean that neither the State Government nor any local authority and HUDA shall be entitled to allot any piece of land which is earmarked for public parks and public recreation to anybody including religious institutions.” 5. Subsequently, when the matter came up for hearing before this Court on 18-06- 2008, it was represented by Sri R.Ramachandra Reddy, learned Standing Counsel for the Corporation and the learned Government Pleader for Municipal Administration and Urban Development that all reasonable steps are being taken to prevent any encroachment in public parks belonging to either the Government or the Corporation. 6. Today, an affidavit has been filed on behalf of the first respondent, detailing the progress of the steps undertaken by the Corporation, wherein it has been stated that the number of open places where compound walls/fencing works were to be taken up are 1692, out of which the number of open places where compound wall/fencing work has been completed are 974; the number of open places where the fencing work is under progress are 285; and there are 433 areas for which tender process is under process. 7. From the above particulars, it is obvious that substantial progress has been made by the first respondent to protect the properties belonging to either the Government or the Corporation. 8. Therefore, in view of the undertaking as well as the status report by way of an affidavit placed before this Court indicating that there is substantial progress in the implementation of the orders of this Court, we do not find any reason to continue the writ petition any further. 9. Accordingly, the writ petition is closed making the interim directions passed by a Division Bench of this Court on 31-01-2007 absolute, with a direction to the authorities concerned to complete the activity within six months from today and shall continue to prevent any encroachments of the properties belonging to either the Government or the Corporation, may be parks or tank-bed areas etc., in the interest of public. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 2 The District Collector, Hyderabad City, Nampally Road, Hyderabad. 3 The Secretary to Government, Municipal Administration Department, Government of A.P., Secretariat, Hyderabad. 4 The Chairman, Hyderabad Urban Development Authority, Hyderabad. 5. The Government Pleader for Municipal Administration and Urban Development, High Court Buildings, Hyderabad. (OUT) 6. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 7. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15188 of 2006 12-08-2008 (Msr)