DR. DANDA NARASIMHULU Vs. STATE OF A. P.

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Brief facts of the case are that all the petitioners are retired employees and they are residents of Balaji Colony, Tirupati, since more than last 50 years. "Sri Balaji Cooperative House Building Society Limited" purchased land and formed Layout with the permission of the then Tirupati Municipality. The place between Door Nos.1/5/582 and 1-5- 522 was shown as road. Therefore, the 1st petitioner made a representation to Municipality seeking permission to install a gate from the southern side of his house but the Municipality replied that it is not possible since the said place is earmarked as Park as per the layout. There is a huge 100 years old tree in the said land and a walking track. The said place earmarked for park is the only Urban lung place in the entire colony and being used by local residents. While the matter stood thus, the 3rd respondent staff at the behest of the local politicians started clearing the park area with JCB and informed the residents around that a ward Sachivalayam and community Hall is going to be constructed in the said place. After erecting Shamiyana tents and other paraphernalia, the local politicians conducted a foundation stone ceremony for construction of Ward Secretariat. The petitioners along with other residents approached the Local MLA and submitted representation requesting not to disturb the land earmarked for park and to develop the park. Hence, the present writ petition.

(3.) This Court vide order dtd. 3/8/2022 has granted interim direction vide I.A.No.1 of 2022 in WP No.24011 of 2022, which reads as under: