Machavarapu Srinivasa Rao And Anr vs Vijayawada,Mangalagiri Urban ...

4. The Master Plan of Tenali town was approved by the State Government vide G.O.Ms. No.969 dated 21.11.1978 and the Master Plan of the urban area of respondent No.1 was approved vide G.O. Ms. No.144 dated 3.3.1988. After about 15 years, the State Government decided that the Master Plans be replaced by a comprehensive Zonal Development Plan. For this purpose, the Vice Chairman of respondent No.1 was authorized to take necessary steps. Thereafter, the area covered by the urban region of respondent No.1 was divided into 23 planning 3 zones and it was decided that Zonal Development Plans be prepared on priority basis in respect of 15 zones including Tenali zone. The draft Zonal Development Plan of Tenali was published in the local newspapers and objections/suggestions were invited from the public. In the final Zonal Development Plan of Tenali town, which was approved by the State Government vide G.O. Ms. No.689 dated 30.12.2006, land use was divided into the following 9 (main) categories:

5. Respondent No.3, which was registered as a society in March, 2009 under the Andhra Pradesh Societies Registration Act, 2001, submitted an application dated 28.5.2009 to respondent No.1 for grant of permission to construct a temple at the site which formed part of Town Survey No.2/3. After considering the 4 objections received from the public, respondent No.1 passed resolution dated 4.2.2010 for grant permission to the Residents Welfare Association to construct Sri Venkateswara Swamy Vari Temple. In furtherance of that decision, Vice- Chairman of respondent No.1 issued order dated 30.3.2010, the relevant portions of which, as contained in Annexure P-4 of the SLP paper book, are extracted below:

7. While respondent Nos. 1 and 3 were making efforts for securing an order from the State Government for change of land use, the appellants filed writ petition 6 by way of public interest litigation questioning the decision of respondent No.1 to sanction construction of temple. They pleaded that the Zonal Development Plan prepared by respondent No.1 and approved by the State Government is statutory in character and land covered by the Zonal Development Plan cannot be used for a purpose other than the one specified in the Plan and respondent No.1 did not have the jurisdiction to sanction construction of temple at the site of which land use was shown as recreational (park). In the counter affidavit filed on behalf of respondent No.1, it was pleaded that mere allotment of land for construction of temple did not give any cause to the writ petitioners to challenge order dated 30.3.2010 and as and when an application is made for construction of temple, respondent No.1 will consider whether land can be used for a purpose other than the one specified in the Zonal Development Plan. In the affidavit filed on behalf of respondent No.3, it was pleaded that as per the Zonal Development Plan, land coming under the Residential Use Zone can be utilized for construction of Kalyana Mandapams without creating any noise pollution, function halls/public assembly halls, religious center etc. and in the absence of any bar in the Zonal Development Plan, no exception can be taken to the permission granted by respondent No.1 for construction of temple.

(ii) the allotment or reservation of lands for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

18. In the result, the appeal is allowed and the impugned order is set aside. As a corollary, the writ petition filed by the appellants is also allowed and order dated 30.3.2010 as also amended order dated 10.5.2010 issued by respondent No.1 are quashed. The parties are left to bear their own costs.

19. Since we have allowed the main appeal, the contempt petition filed by the appellants is disposed of as infructuous.