THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP No. 20458 of 2002 ORDER: This writ petition has been instituted by Kala Kendra, a social and cultural organization seeking a writ of mandamus for declaring the action of the respondent – Municipal Corporation of Visakhapatnam for demolishing the compound wall and the asbestos sheds put up by the petitioner – institution at Door No.29- 41-2/1, SBI Colony, Visakhapatnam, without putting the petitioner on notice. It is the case of the petitioner that the petitioner – social and cultural organization has been started in the year 1985 more with a view to provide training and guidance for securing self employment for youth and women in particular. It is also intended to carry on and encourage cultural activities. The petitioner is in possession of 600 sq. yards of open site covered by Sy. No. TS 1671, in TP No. 3/1964 in Allipuram ward in Visakhapatnam Municipal Corporation. In Visakhapatnam Municipal Corporation limits. Sometime, during 1990-91, the petitioner appears to have constructed sheds in the above site and also applied to the Municipal Corporation for approval of the plan relating to the construction of the shed, on 3.9.1991. These assets according to the petitioner have also been assessed for property tax and they were assigned Door No. 29-41-2/1, Allipuram ward, Visakhapatnam Municipal Corporation. The petitioner has provided the other basic amenities such as sanitation and drinking water facilities as well as electricity connection. The writ petitioner has in fact been gifted this land by the State Bank of India Staff Cooperative Housing Society Limited, Prakashraopet, Visakhapatnam by executing a registered gift deed bearing No. 6003, dated 21.10.1987. The writ petitioner in fact was permitted to organize training for the purposes of producing khadi and village products so that self employment training skills can be imparted to women and unemployed rural youth which will ultimately help them to eek out their livelihood on their own, later in life. The structures which have been put up by the writ petitioner are not permanent structures but are really temporary structures to be used for imparting the necessary training and also for safe keeping of both the raw and finished products. The compound wall constructed around the open site is sought to be demolished by the Municipal Corporation and hence the present writ petition has been instituted seeking directions to the Municipal Corporation of Visakhapatnam from refraining to demolish the compound wall. The writ petitioner has also filed an additional affidavit pointing out that Kalakendra, Visakhapatnam has been doing really good work, which is appreciated by one and all and that the basic amenities that have been provided for the purpose of enabling better utilization of the area. It was further pointed out that three open sites were left in the layout developed by the State Bank of India Employees House Building Society and that one of the sites was taken over by the Municipal Corporation which was situated opposite to the District Court and it built a park there and a community centre. This apart, a municipal commercial complex was also got constructed there. In the second open site, the Municipal Corporation, which has taken over the said site also, has constructed the office for the local Sanitary Inspector and the third site is the one which the society has retained for itself by digging out an open well for the purpose of drawing water for community use. It has also erected a pump shed and a small room for the pump operator. The House Building Society has also constructed an office room there. On the western side of this vacant site, a gadda carrying drain water was passing through. A portion of the site on the northern side has suffered encroachment at the hands of unauthorized individuals. Suspecting that the balance left over land, if left unprotected would suffer further encroachments, making it difficult for the society or the community at large to get any benefit therefrom, the society has gifted the said site in favour of Kala Kendra Institute of Fine Arts. In fact, the Housing society has put the Urban Land Ceiling authorities on notice on 28.1.1987 and secured the necessary permission under Section 26 of the Urban Land (Ceiling and Regulation) Act, 1976 through the proceedings of the Competent Authority dated 26.5.1987, for the purpose of gifting the said open site of approximately 1255 sq. yards in favour of the President of the Kala Kendra Institute of Fine Arts, Visakhapatnam. Therefore, it is contended that the area gifted in favour of the writ petitioner organization is after following the due process and has been so done to the open knowledge of all. It was also brought out that the unauthorizedly occupied portion of the land has since been declared as a slum and the proceedings under the Slum Improvement Act have already been initiated. Subsequently, the Municipal Corporation has established a dhobi ghat and formed a cement concrete road for providing necessary access to all concerned to that area. After all these civic developments have taken place involving the site in question, what ultimately remained in the hands of the petitioner society was a mere 450 sq. yards of site which the petitioner undertakes to utilize for non commercial purposes and exclusively for the purpose of undertaking/imparting training in khadi and village crafts. Heard the learned counsel for the petitioner Sri Rajagopal Reddy and the learned Standing Counsel for the Municipal Corporation of Visakhapatnam. When once it is demonstrated amply as to what would happen to an unprotected vacant site, which is prone to the risk of being encroached upon by unauthorized individuals, taking advantage of the low lying terrain of the area, causing strain to the civic body itself, it is wholly appropriate that the same should be allowed to be protected and preserved. The site originally belongs to the State Bank of India Employees House building Society. Hence, it is a private property. The said society has gifted the land in favour of the writ petitioner organization in the year 1987. Prior thereto, they have obtained the necessary permission from the competent authority under the Urban Land Ceiling Act for gifting the said land in favour of the writ petitioner in terms of Section 26 of the said Act. Therefore, the gift deed executed by the society in favour of writ petitioner association so as to enable the writ petitioner organization to utilize the land for imparting necessary training for village and khadi crafts for the artisans, women and rural youth which would ultimately render them to eek out a living on their own, is such a measure that would have been welcomed by the Municipal Corporation also, as an unprotected open site if gets occupied, becomes very difficult for regulating the same later on. As has already happened with regard to a portion of the land in question itself, and so long as the writ petitioner does not utilize the land for commercial purposes and does not convert the nature of the land by raising constructions for any commercial activity, the Municipal Corporation should not have interfered with its right to secure the premises by constructing the compound wall all around it and also for raising temporary asbestos sheds. The Municipal Corporation could not have undertaken demolition of any structures without putting the party on notice in terms of Section 461 of the Hyderabad Municipal Corporation Act, which Act applies to Visakhapatnam. I therefore consider it appropriate to direct the Municipal Corporation, Visakhapatnam to depute one of its senior officers for undertaking an inspection of the premises of the writ petitioner and if there are no permanent structures other than the compound wall, the same may not be demolished. If there is any permanent structure put up by the writ petitioner on the site in question, the same may be considered for assessment of property tax after levying the necessary compounding fee for having constructed the same without obtaining prior permission of the Municipal Corporation. It may obtain an undertaking from the petitioner that it would not alter the nature of the land into commercial activity and henceforth it would not make any constructions without obtaining the prior permission of the Municipal Corporation. While according the lay out permission, the open spaces are allowed for the community purposes only. However, the Municipal Corporation of Visakhapatnam would be at liberty to decline permission for any additional or further constructions of permanent nature or commercial constructions to be put on place inasmuch as the present activity that is being undertaken by the writ petitioner is also for the benefit of the community at large and for which purpose such an open space has originally been provided and envisaged in the layout developed by the State Bank Employees House Building Society Limited. This exercise may be completed within a period of three months from the date of receipt of this order. With this the writ petition stands disposed of. No costs. ---------------- -07-2009 knk