IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 11660 of 2001 Between : Armed Forces Officers Coop Housing Society Ltd.,(Regd TA-91) rep by its Honorary Secretary, Lt. Col (Retd) M.G.K.Murthy, Sainikpuri, Secunderabad-500 094. ..... PETITIONER AND 1 State of A.P., Rep by its Prl. Secretary to Govt (Municipal Admn & Urban Develp Dept.,), Secretariat,Hyd. 2 Commissioner, Kapra Municipality, Kapra, R.R.Dist. 3 Hyd Urban Develp. Authority, Rep by its VC., 1-8-323, Paigah Palace, Opp Ploice Lines, Begumpet, Hyd. 4 District Collector, R.R.Dist, Hyderabad. 5 M.Ramakrishna Reddy S/o Chandra Reddy 1-29-58, Plot No.13, Phase III, Bhavan Colony, Boyanapally, Secunderabad. .....RESPONDENTS 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, direction or order, particularly one in the nature of mandamus declaring the order of the R1 herein in his procd No.802/M2/2001-1 dt 18-5-2001 as illegal, & arbitrary & consequently direct the R2 herein not to interfere with the petitioner society's land in Sy.No.601 of Kapra Municipality, Kapra, R.R.Dist for constructing a shopping complex area and also set aside any proceedings taken in this regard viz., either issuance of a notification calling for tenders or finalisation of any agreement with the R5 herein. Counsel for the Petitioner : Sri P.NAGABHUSHANA RAO Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : The petitioner, a Co-operative Housing Society, has filed this writ petition, challenging the order, dated 18.05.2001, passed by the 1st respondent in Proceedings No.802/M2/2001-1, rejecting the request of the petitioner- Society for construction of a shopping complex in the approved layout granted in its favour. 2. The petitioner-Society has obtained a layout in the land admeasuring Ac.151.37 guntas, situated in Kapra village of earstwhile Medchel Taluk in Ranga Reddy District. While seeking approval of said layout, some pockets of land were shown as open spaces. The layout was approved and plots were allotted to its members and substantial constructions were already completed. At this stage, in one of the open spaces left in the approved layout, the Society has proposed to construct a shopping complex, but however, on the ground that the Municipality itself has proposed for construction of a shopping complex, the Government has rejected the request made by the petitioner/Society, through the impugned order. 3. For the purpose of disposal of this writ petition, detailed counter affidavits filed by the respondents need not be referred to, as it is not in dispute that the area where the petitioner-Society has proposed to construct the shopping complex, is one of the pockets of open spaces left open in the approved lay out. By virtue of the operation of law, on approval of a layout, the open spaces in such layout vests with the Municipality, and as such, seeking permission for construction in one of the open spaces, is without any basis. Though it is argued by the learned counsel for petitioner that the open spaces are more than the required area as per the provisions of the A.P.Urban Areas (Development) Act, 1975, but, that itself is no ground to seek permission for construction of a shopping complex in the open spaces. Though it is submitted by the learned counsel for petitioner that there is also an application filed for revision of layout, but in the counter affidavit filed on behalf of the urban development authority, it is clearly stated that the representation filed was only for the purpose of change of land use, but not for revision of layout. Asmuch as in the approved layout the place in question was shown as open space, which is already vested with the Municipality, unless there is a revised layout releasing such open space in favour of the petitioner/Society, it cannot seek for any permission for construction of a shopping complex. In that view of the matter, I do not find any illegality in the order of the Government rejecting the request made by the petitioner/Society for grant of permission for construction of a shopping complex in the open space in Survey No.601 of Kapra Municipality. 4. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. However, it is made clear that this order will not preclude the petitioner/Society from making appropriate application for revision of layout. If such an application is filed, it is equally open for the respondent/authorities to consider the same in accordance with law. 5. Subject to above observations, the writ petition is dismissed. No order as to costs. _____________________ R.SUBHASH REDDY, J 1st June 2009 ajr