THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.26628 of 2007 ORDER: The petitioners are residents of Gowri Nagar, NAD Kotha Road, Visakhapatnam. They constructed houses in the plots covered by layout plan No.48/69 in Ward No.42. Certain open spaces were left according to the layout plan. The grievance of the petitioners is that the Municipal Corporation is proposing to construct sump-cum- pumping station in the open space. The petitioners contend that the very purpose of leaving open space is to provide clean environment for the residents and construction of sewerage plant would make their lives miserable. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. It is no doubt true that the open spaces in a layout vest in the Municipal Corporation. However, such spaces must be put to use for which they are meant. At the most, open spaces can be utilized for parks or for other such uses. Construction of a sewerage plant would certainly be a matter of concern, to the residents. Learned Standing Counsel for the respondents submits that the proposed place is the only location, where the sewerage plant can be constructed by virtue of levels etc. and that the Corporation is willing to offer alternative site to the petitioners. That however is a matter, which needs to be negotiated with the petitioners, or their association. Hence, the writ petition is disposed of, directing the respondents not to construct the sewerage plant in the open space, left in layout plan No.48/69, unless the petitioners, or their association, agree for such a course, on being offered alternative site. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.24.02.2011. GJ