IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6413 of 2008 Between: Anthony L Pereira, S/o. Jose Pereira, R/o. 9-2-603, St. Francis Street, Secunderabad. ..... PETITIONER AND The Cantonment Board, Secunderabad, Rep. by its Chief Executive Officer. .....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 OF MANDAMUS or any other appropriate Writ or Writs, Order or Direction declaring the proceedings dt. 31-1-2008 in Lr.No. SCB/EB/P.No. 97/Sardar Vallabhai CHS/T. Giri/573/431 on the file of the Respondent herein as arbitrary and violative of Arts. 14 & 300-A of Constitution of India and to consequently direct the Respondent to forthwith grant building permission to the Petitioner herein, as per his applicatin dt. 31-12-2007 without insisting for handing over 40% common areas of the layout in their favour; Award Costs and pass Counsel for the Petitioner:MR.N.SRIDHAR REDDY Counsel for the Respondent: MR.DEEPAK BHATTACHARJEE The Court made the following : O R D E R: This writ petition has been instituted calling in question an order passed by the respondent-Cantonment Board on 31-01-2008 declining to entertain the application submitted by the writ petitioner for sanction of permission to construct a building in Plot No.97 in Sy.Nos.61 and 62 situated at Sardar Vallabhai Patel Cooperative Housing Society, 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, incidentally dealing with the same 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 Sardar Vallabhai Patel Cooperative Housing Society, 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 of sanction of building permissions, the same may be sanctioned. With this, the writ petition stands disposed of. No costs. _________________________ NOOTY RAMAMOHANA RAO,J Dated 26th March, 2008 Note: Issue C.C in three days (b/o) vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Cantonment Board, Secunderabad, Rep. by its Chief Executive Officer. 2 2CD copies Form-NIC-OGS/WP{SPJS}