HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.953 of 2009 Date : 30-4-2011 Between : Dr.B.R.Ambedkar, Babu Jagjeevan Ram Welfare Association, Asifnagar, Hyderabad and another .. Petitioners and Government of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration & Urban Development Department, Hyderabad and others .. Respondents Counsel for petitioners: Sri K.S. Murthy Counsel for respondent No.1 : None appeared Counsel for respondent No.2 : Sri P.Radhakrishna Reddy Counsel for respondent No.3 : A.G.P. for Home Counsel for respondent Nos.4 & 5 : Sri N.Sridhar Reddy Counsel for respondent No.6 : Sri Ali Farooq The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 to 5 in permitting construction activity by respondent No.6 in Sy.No.4, Ward No.12, Block No.2 of Zeeba Bagh, Asifnagar, Hyderabad without showing alternative land as illegal and arbitrary and consequently to direct the authorities to permit the Harijans of the Zeeba Bagh slum area to continue to hold the possession of the land and utilize it until alternative land nearby is shown. At the hearing, Sri R.Radhakrishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation, on instructions, submitted that there is already a compound wall in existence on the southern side and that a compound wall needs to be constructed only on the western side of the land in dispute. Learned counsel for respondent No.6 fairly submitted that while his client has no objection for construction of compound wall on the western side, it shall be permitted to go ahead with the construction of mosque in pursuance of the sanctioned plan in the place where the temporary structure is in existence. Having regard to the above submissions of the learned counsel for the parties, the Writ Petition is disposed of in the following terms: Respondent No.2 is directed to raise the compound wall on the western side of the site covered by the sketch prepared by the Tahsildar, Asifnagar Mandal, where temporary structure is in existence. As regards the direction given by this court on 28-1-2009 to the official respondents to take steps not to make constructions over the land in dispute, the said order is clarified to the effect that the same will not prevent respondent No.6 from constructing the mosque over the place where the temporary structure is already in existence and where the permanent structure is proposed to be raised in its place in pursuance of the sanctioned plan. Liberty is given to the petitioners to approach respondent No.2 for allotment of site covered by the dilapidated well in lieu of the area which was handed over for construction of the mosque. If such a representation is made, appropriate order shall be passed by respondent No.2 within a period of two months from the date of such representation. As a sequel, WPMP No.1215/2009 and WVMP No.2614/2009 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 30-4-2011 AM