T KRISHNA MURTHY Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus declaring (a) that the action of the 2nd and 3rd respondents in declaring the land in survey Nos. 498 and 499 which were exempted from the purview of the Urban Land Ceilings Act as Ancient Monument is illegal and void and contrary to the provisions of the A.P. Ancient and Historical Monuments and Archaeological Sites and Remains Act, I960, (b) that the action of the 4th respondent in cancelling permissions already granted in letter No. KM/3046/88 dated 12-1-1989 is illegal and void and is violative of the principles of natural justice; and (c) to grant all consequential benefits for which the petitioners are entitled and award costs.

(2.) Several people who purchased the properties in S.Nos. 498 and 499 situated at Kapra village, in Kapra Gram Panchayat, Vallabhanagar taluk, Ranga Reddy District formed into Brindavan Nagar Colony Plot Owners' Welfare Association (petitioner No. 4 herein). The petitioners 1 to 3 herein own plots No. 50, 58, and 40 respectively therein. The vendor applied for a lay-out for this land and it was sanctioned by the erstwhile Gram Panchayat, Kapra on 26th September, 1976. The above lands were earmarked for residential use by the Hyderabad Urban Development Authority (HUDA). Accordingly, the same was declared as residential zone in the Zonal Development land of Moula Ali. The exemptions were obtained under the Urban Areas (Prohibition of Alienation) Act, 1972 and the sale deeds were registered in favour of petitioners 1 to 3 and others of 4th petitioner-association.

(3.) Petitioners 1 to 3 applied to respondent No. 4-Kapra Municipality for sanction of plans for construction of houses on their respective plots. They were granted permission as permit Nos. 45/88 dated 2-7-1988; 39/88 dated 23-6-88; and 38/88 dated 23-6-1988 respectively. After obtaining the above permissions, the petitioners 1 to 3 applied for loan from their, departments and started construction and completed basements and constructed compound walls, and the first petitioner constructed upto roof level.