MACHAVARAPU SRINIVASA RAO Vs. VIJAYAWADA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Leave granted.

(2.) The questions which arise for consideration in this appeal are whether Respondent No. 1 - the Vijayawada, Guntur, Tenali, Mangalagiri Urban Development Authority had the jurisdiction to grant permission to Respondent No. 3 - Sri Venkateswara Swamivari Alaya Nirmana Committee for construction of temple at the site of which land use was shown as recreational in the Zonal Development Plan approved by the State Government and whether the Division Bench of the High Court of Andhra Pradesh was justified in refusing to nullify the decision taken by Respondent No. 1 by assuming that it was only a case of allotment of site.

(3.) Respondent No. 1 was constituted under Section 3(1) of the Andhra Pradesh Urban Areas (Development) Act, 1975 (for short, Rs. the Act) to promote and secure the development of different parts of the four towns, namely, Vijayawada, Guntur, Tenali and Mangalagiri. In 1978, Respondent No. 1 acquired 91 acres land at Chenchupet, Tenali and prepared a layout plan for development. As per the approved plan, 10 sites were earmarked for parks. These included an area of 75 cents comprised in Town Survey No. 2/3, Block No. 1, Ward No. 1, Chenchupet.