HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21851 of 2004 Date : 11.08.2009 Between : T.V.R.Phani Bhushan & 11 others. …..Petitioners And Uppal Municipality, rep. by its Commissioner & 2 others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21851 of 2004 ORDER : In this writ petition, the petitioners, who are the owners of flats at Gandhinagar in Ramantapur, Hyderabad, seeks directions by way of Mandamus, to declare the action of respondent No.3 in trying to build community hall over the park area (tot-lot children park) of Janapriya Society in Sy.Nos.73 & 74, situated at Uppal, Hyderabad, as illegal and arbitrary. 2. As stated in the affidavit, petitioners have purchased residential flats in the complex constructed in Survey Nos.73 and 74 of Ramantapur in the limits of Uppal Municipality, Hyderabad. It is the grievance of the petitioners that in the layout as sanctioned for Survey Nos.73 and 74, there is a demarcated park area, but respondent No.3 is attempting to construct community hall in the said area. It is the case of the petitioners that as much as the said place is earmarked in the approved layout as children park, no constructions are permissible in the said area, and therefore, respondent No.3 cannot be allowed to make constructions. 3. The apprehension of the petitioners appear to be on the basis of the invitation sent by the General Secretary of the 3rd respondent-Association, dated 6th November 2004, in which, it was indicated that a foundation stone will be laid to construct a community hall (open area auditorium), over the site in question. 4. At the stage of admission, this Court, by an order, dated 29th November 2004, granted interim stay and the said orders continued all along during the pendency of this writ petition. Though the writ petition is of the year 2004, no counter affidavit is filed by the respondents, and there is also no appearance on behalf of respondent No.3. 5. Learned counsel Sri R. Ramachandra Reddy, appearing for respondent No.1, submits that at present, there are no constructions in the park area, and he further submits that as the said area is earmarked for children park, no one will be allowed to make any constructions over the said land. 6. When a layout is sanctioned with demarcated area for the purpose of park (tot-lot), no constructions are permissible in the said area. It is further stated in the counter filed by the 1st respondent-Commissioner that no construction permission is granted by the Municipality for construction of any community hall/open area auditorium over the land in question. As much as the allegation of the petitioners is that the said area is earmarked for children park in the approved layout, and in the absence of any permission by the competent authority for making any constructions in the said place, no constructions can be made for any purpose, either for community hall or for any other purposes. 7. For the aforesaid reasons, the writ petition is allowed, directing the respondents not to make any constructions in the aforesaid tot-lot area earmarked for children park in the approved layout plan for Survey Nos.73 and 74 of Ramantapur within the Uppal Municipal limits (presently within the area of Greater Hyderabad Municipal Corporation). No order as to costs. ______________________ R. SUBHASH REDDY, J 11th August 2009 ajr