IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10490 of 2008 Between: M/s Jawahar Autonagar Housing Complex, Occupant's Welfare Aswsociation, APIIC Colony, Kalyanamandapam, Autonagar, Vijayawada- 520007, Rep by its President P.Sambasiva Rao. ..... PETITIONER AND 1 Vijayawada Municipal Corporation, Rep by its Commissioner, Vijayawada. 2 The City Planner, Vijayawada Municipal Corporation, Vijayawada. .....RESPONDENT(S) 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 to pass appropriate writ, order or direction more particularly writ of Mandamus directing the respondents to strictly use the common areas of the Jawahar Autonagar Housing Colony, Vijayawada for pupose for which they were earmarked and consequently direct the respondents to safeguard the commonareas situated in Jawahar Autonagar Housing clony, Vijayawada and pass Counsel for the Petitioner: MR.V.V.ANIL KUMAR Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : O R D E R: This Writ Petition has been ﬁled by M/s Jawahar Autonagar Housing Complex Occupant’s Welfare Association, Vijayawada represented by its President P.Sambasiva Rao with a prayer to issue a Writ of Mandamus directing the respondents to strictly use the common areas of Jawahar Autonagar Housing Colony for the purposes for which they have been earmarked and consequently direct the respondents to safeguard the common areas situated in Jawahar Autonagar Housing Colony, Vijayawada. The writ petition came to be admitted on 2.5.2008. An interim order came to be passed on the even date in WPMP.No.13718 of 2008, which reads as under: “Learned Standing Counsel for the Vijayawada Municipal Corporation assures this court upon instructions that the temporary rehabilitation measures which are now taken by utilizing the open space left out at Autonagar Residents Welfare Society, will not be allowed to be utilized for permanent rehabilitation purpose when once the work which necessitated this rehabilitation scheme is over. At any rate, the Corporation will not allow these temporary structures/huts to stay on these common places beyond 31st August, 2008. Post the petition in the ﬁrst week of September, 2008 for further consideration. Counter in the mean time.” The respondents ﬁled counter aﬃdavit. P.S.Pradyumna, Commissioner, Vijayawada Municipal Corporation has sworn to the counter aﬃdavit. It is stated in para 6 of the counter aﬃdavit that the open site situated on northern side of APIIC Housing Colony is ear marked “space required for High School as per Master Plan” in the approved layout bearing LP.No.49/84 and that subsequently the said site is ear marked as residential use in the revised Zonal Development Plan. It is further stated that the open site belongs to Vijayawada Municipal Corporation a Municipal Upper Primary School and a vermin compost yard is functioning. It is further stated that the respondent-Corporation has proposed to allow the encroachers temporarily by providing all the required amenities. It is further stated that after shifting of encroachers from this temporary rehabilitation camp to the Housing colony under construction by allotting houses to the encroachers, the strip of Municipal vacant land will be protected by a fencing/constructing compound wall. The respondents have already commenced construction of the houses to accommodate the persons who are presently accommodated in open area left out at Jawahar Autonagar Housing Colony. In that view of the matter, this writ petition is disposed of directing the respondents to see that the persons occupying open places left out at Jawahar Autonagar Housing Colony be vacated by 15-12-2008. No costs. 19th September, 2008. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO.10490 OF 2008 19T H SEPTEMBER 2008