P NAGARAJU Vs. ANANTHAPUR MUNICIPALITY

JUDGEMENT

(1.) These two writ petitions are filed by way of a pro bono publico litigation seeking a Writ of Mandamus declaring the action of the Anantpur Municipality and the Mandal Revenue Officer, Anantapur in converting the land earmarked for Central Park in Survey Nos. 173-3, 4, 7, 174 -1 and 175-5 of Anantapur Municipality into residential area and allotting the same in favour of the members of the Andhra Pradesh Working Journalists Union, Anantapur and the Municipal Councilors, Anantapur Municipality as illegal and arbitrary.

(2.) We will refer the parties as arrayed in W.P. No. 8467 of 1999.

(3.) In G.O.Ms.No. 1122, MA, dated 13-10-1998, the Government had sanctioned General Town Planning Scheme (Master Plan) in which a central park in Sy. Nos. 151 (P), 153(P), 154, 162 and 173 to 179 of Anantapur village was proposed. Out of this area, an extent of Ac. 5-00 of land was acquired by the Anantapur Municipality under Rule 10(5) of the Layout Rules by releasing layout open space to land owners in lieu of land given by them. Land ad measuring an extent of Ac. 1 -00 was taken possession through gift deeds as 121/2% of the land owners' land as per Government Memo No. 331/H/87-6, MA, dated 24-10-1992. At present, the Municipality is having Ac. 6-00 of land in the central park area. This land meant for central park, according to the petitioners, is being allotted as residential plots in favour of the members of the Andhra Pradesh Working Journalists Union, Anantapur and the Municipal Councilors of Anantapur Municipality. To this effect, a resolution was passed by the Anantapur Municipality on 30-11-1998 and sought for approval of the Government. However, the Director of Town and Country Planning, Hyderabad - 3rd respondent - refused to grant approval in the public interest. In spite of the 3rd respondent rejecting the proposals made for conversion of the land, the 2nd respondent - Mandal Revenue Officer, Anantapur - seems to have addressed a letter in Re. No. 309/99B, dated 24-2-1999 stating that a representation was received from the Secretary of the 4th respondent-Ur ;on requesting for allotment of house sites in Anantapur Town. On the said representation, as per the instructions of the Commissioner of Land Revenue, the allotment of sites to the Working Journalists was accepted and the Mandal Revenue Officer visited the spot and opined that the central park area was quite feasible and convenient for house sites purpose. However, since lands were shown in the village accounts as belonging to Anantapur Municipality, requested the Municipality to hand over the land for the purpose of assignment to Journalists. Thereafter, Anantapur Municipality passed a resolution to hand over the site to the 2nd respondent, who in turn, allotted house sites in favour of the members of the 4th respondent-union and Councilors of the 5th respondent- Municipal Council. According to the petitioner in W.P. No. 8467 of 1999, he desisted the efforts of allotment of the central park area for the purpose of residential plots to the members of the 4th respondent-union and the Councilors of the 5th respondent- Municipal Council, but in vain. The action of the official respondents in allotting the central park area for the purpose of residential houses to the members of the 4th respondent-Union and the Councilors of the 5th respondent-Municipal Council is arbitrary, illegal and without jurisdiction.