SREE RAMALAYAM COMMITTEE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 2nd respondent in proposing to establish four government offices under the proposal of ward secretariat in the community hall which is in park area in the petitioner association lay out situated in survey no.128/4 and 129/1&2, Chanakyanagar colony, Chinamushidiwada without any manner of right and without any authority as illegal, arbitrary and consequently direct the 2nd respondent not to establish the ward-secretariat in the community hall in the petitioner association lay out situated in survey no.128/4 and 129/1&2, Chanakyanagar colony, Chinamushidiwada.

(2.) Heard Sri Ravi Cheemalapati, learned Counsel for the petitioner and of Sri S.Lakshminarayana Reddy, learned Standing Counsel for the respondent municipal corporation.

(3.) As per the averments in the affidavit, the Naval Armament Depot Employees Co-operative House Buildings Society No.B1405 has acquired the land, developed and formed a lay out in the year 1974 by obtaining panchayat approval and converted the land with 87 residential plots with internal roads. In the middle of the layout in center area some land was ear marked for park for residents' cultural activities. In the same year the society handed over the plots to the respective members and accordingly the respective members have formed into an association. According to the petitioner's, even before allotting the plots to the petitioner's, a community hall was existing in the said park area. Though the community hall was existing at the park area, but there is no information with regard to the said building to the members of the association. Hence one of the members of the association has made an application under Right to Information Act to Zilla Parishad requesting to provide particulars pertaining to the community hall. Even before getting the information from the executive officer of Zilla Parishad, the member has filed one more Right to Information Act application dtd. 1/4/2011. Though he was furnished the information with regard to rules and criteria but with regard to details of construction of community hall, no information has furnished. The said person again made a representation on 30/7/2011 to the Public Information Officer asking about the date and construction of the community hall, sanctioning authority and other relevant information. In reply to the same, the executive engineer of the 2nd respondent corporation vide his proceedings dtd. 13/9/2011 has informed that the inauguration of the community hall is on 4/10/1987 as per the plaque of the community hall. So far as other information is concerned, the said authority has stated that it was taken place during time of panchayat and accordingly directed to obtain the information from the panchayat raj department. Subsequently, he made another application on 30/9/2011 to the Chief Executive Officer of Zilla Parishad for particulars of the said community hall. So far no information has furnished. While that being so, the 2nd respondent corporation now has came up with a proposal to establish ward secretariat in the community hall which is existing in the petitioners park area. Questioning the said action, the present writ petition is filed.