IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5548 of 2008 Between: 1 Smt. Narayani Devi W/o. Sri Dharam Chand G.P.As Petitioners No.2 &n 3 2 Sri Akshay Kothari S/o. Bhavarilal Kothari R/o. 6-3-856/13, Ameerpet, Hyderabad. 3 Sri Girish Kothari S/o. Bhavarilal Kothari R/o. 6-3-856/13, Ameerpet, Hyderabad. ..... PETITIONER(S) AND Executive Officer, Cantonment Board, City Court Compound, SP Road, Secunderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondent in rejecting the building plan application of the petitioners in respect of Plot No.8 in Sy.No. 60 situated at lal Bahadur Colony, Trimulgherry Village, Secunderabad Cantonment, by its Proceedings dt. 16-2-2008 in LR.No. SCB/EB/P.No. 8/LB Cly/571/910 as illegal, arbitrary, unwarranted and contrary to law and the same may be set aside and consequently direct the Respondent to grant building sanction to the petitioners in pursuance of the earlier sanction granted to the petitioner No.1 in file No. 2 (4-4) dt.18-10-1991 issued by the Respondent and pass Counsel for the Petitioner:MR.K.K.WAGHRAY Counsel for the Respondent: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5548 of 2008 O R D E R: This writ petition has been instituted calling in question an order passed by the respondent-Cantonment Board on 16-02-2008 declining to entertain the application submitted by the writ petitioner for sanction of permission to construct a building in Plot No.8 in Sy.No. 60 situated at Lal Bahadur Colony, Trimulgherry Village, Secunderabad Cantonment on the ground that the Society has not handed over 40% of the common areas through a gift deed as per the byelaws of the layout and the conditions of sanction of the layout at the relevant point of time. The learned counsel for the writ petitioner has pointed out that when a similar question has been raised in Writ Petition No.27300 of 2007, dealing with the Sardar Vallabhai Patel Cooperative Housing Society, Trimulgherry Village, Secunderabad Cantonment, this Court by its judgment dated 21-02- 2008 had concluded the issue by directing the respondent to entertain the applications submitted for construction of residential buildings without insisting the Society to execute gift deed transferring 40% of the space left as open space in the layout. Further, it is also pointed out that the common spaces which have been left out in any layout vest in the Cantonment Board and hence, no separate conveyance of the title thereon is needed to be taken up. Heard Sri Deepak Bhattacharjee, learned Standing Counsel for the respondent-Cantonment Board. When once a property vests in a local authority by way of a presumption culled out statutorily, no further action by way of conveyance of the title deed thereon is called for. Therefore, while directing the respondent- Cantonment Board to take all such steps and measures to take possession of the open spaces to the extent of 40% left out in Lal Bahadur Colony, Trimulgherry Village, Secunderabad Cantonment, the respondent is directed to entertain the application of the writ petitioner and examine the same independently and if it is in conformity with the regulations for sanction of building permissions, the same may be sanctioned. With this, the writ petition stands disposed of. No costs. _________________________ NOOTY RAMAMOHANA RAO,J Dated 04th April, 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}